Vol. 84 Thursday, No. 85 May 2, 2019

Pages 18695–18970

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 85

Thursday, May 2, 2019

Agriculture Department GEAR UP Applications for Partnership and State Grants, See Animal and Plant Health Inspection Service 18829–18830 See Rural Business-Cooperative Service Tests Determined To Be Suitable for Use in the National Reporting System for Adult Education, 18830–18831 Animal and Plant Health Inspection Service NOTICES Pest Risk Analysis: Energy Department Importation of Fresh Mamey Sapote Fruit From Mexico See Federal Energy Regulatory Commission Into the Continental United States, 18764 NOTICES Importation of Fresh Mombin Fruit From Mexico Into the Application To Export Electric Energy: Continental United States, 18763 Luminant Energy Company LLC, 18833, 18835–18836 Importation of Fresh Sapodilla Fruit From Mexico Into Meetings: the Continental United States, 18765–18766 Environmental Management Site-Specific Advisory Importation of Fresh Soursop Fruit From Mexico Into the Board, Paducah, 18836 Continental United States, 18764–18765 Orders: Venture Global Calcasieu Pass, LLC; Dersa Oil and Gas Antitrust Division Corp.; Citigroup Energy Canada, ULC; et al., 18831– NOTICES 18833 Changes Under the National Cooperative Research and Preliminary Analysis Regarding Energy Efficiency Production Act: Improvements in the 2018 International Energy Medical Technology Enterprise Consortium, 18864 Conservation Code, 18833–18835 National Shipbuilding Research Program, 18863–18864 Pistoia Alliance, Inc., 18864–18865 Environmental Protection Agency Centers for Disease Control and Prevention RULES Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Agency Information Collection Activities; Proposals, Pennsylvania; Allegheny County Reasonably Available Submissions, and Approvals, 18846–18848 Control Technology for the 2008 Ozone National Meetings: Ambient Air Quality Standard, 18736–18737 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 18848 Pennsylvania; Commercial Fuel Oil Sulfur Limits for Combustion Units in Allegheny County, 18738– Centers for Medicare & Medicaid Services 18740 PROPOSED RULES PROPOSED RULES National Emission Standards for Hazardous Air Pollutants: Medicare Program: Asphalt Processing and Asphalt Roofing Manufacturing Accrediting Organizations—Changes to Change of Residual Risk and Technology Review, 18926–18965 Ownership, 18748–18757 NOTICES Coast Guard Clean Air Act Operating Permit Program: Petition for Objection to State Operating Permit for RULES Cargill, Inc., 18842 Special Local Regulations: Sector Ohio Valley Annual and Recurring Special Local Regulations Update, 18727–18731 Farm Credit Administration NOTICES Commerce Department Meetings; Sunshine Act, 18842–18843 See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Federal Aviation Administration RULES Consumer Product Safety Commission Airworthiness Directives: NOTICES Bombardier, Inc., Airplanes, 18704–18707 Meetings; Sunshine Act, 18828 The Boeing Company Airplanes, 18707–18711 Special Conditions: Delaware River Basin Commission Greenpoint Technologies, Inc., Boeing Model 787-8 NOTICES Airplane; Dynamic Test Requirements for Single- Hearing, 18828–18829 Occupant, Side-Facing Seats With Airbag Devices in Shoulder Belts, 18701–18704 Education Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Airport Master Record, 18916 Application for Client Assistance Program, 18831 Suspected Unapproved Parts Report, 18915–18916

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Federal Communications Commission Fish and Wildlife Service PROPOSED RULES NOTICES Updating the Commission’s Rule for Over-the-Air Reception Agency Information Collection Activities; Proposals, Devices, 18757–18762 Submissions, and Approvals: Annual Certification of Hunting and Sport Fishing Federal Deposit Insurance Corporation Licenses Issued, 18857–18858 NOTICES Environmental Impact Statements; Availability, etc.: Charter Renewals: Sierra Pacific Industries Proposed Draft Habitat Systemic Resolution Advisory Committee, 18843 Conservation Plan for Northern and California Spotted Owl; Klamath, Cascade, and Sierra Nevada Federal Election Commission Mountains, CA, 18856–18857 RULES Point of Entry for All Campaign Finance Reports, 18697– Food and Drug Administration 18701 NOTICES NOTICES Meetings: Meetings; Sunshine Act, 18843 Development of Antiviral Drugs for the Treatment of Adenoviral Infection in Immunocompromised Federal Emergency Management Agency Patients; Public Workshop, 18848–18850 NOTICES Preparation for International Cooperation on Cosmetics Request for Applications: Regulation, 18850–18851 Technical Mapping Advisory Council, 18855 Health and Human Services Department Federal Energy Regulatory Commission See Centers for Disease Control and Prevention NOTICES See Centers for Medicare & Medicaid Services Application: See Food and Drug Administration Mississippi Hub, LLC, 18841–18842 See Health Resources and Services Administration Combined Filings, 18837–18839 See National Institutes of Health Environmental Impact Statements; Availability, etc.: NOTICES Rio Grande LNG Project; Rio Grande LNG, LLC and Rio Meetings: Bravo Pipeline Co., LLC, 18836–18837 National Biodefense Science Board, 18852 License Application: Health Resources and Services Administration Coleman Hydro, LLC; Withdrawal, 18839–18840 NOTICES Notice of Withdrawal of Existing Licensee’s Notice of Intent Initiated Supplemental Award: To File a New License Application, and Soliciting Pre- Recipients in the Reaching Practicing Maternal and Child Application Documents and Notices of Intent To File a Health Professionals in Underserved Areas Through New License Application: Education and Training Program, 18851 Aclara Meters, LLC, 18840 University of Nebraska Medical Center/Board of Regents Preliminary Permit Application Accepted for Filing and of the University of Nebraska for the Partnership for Soliciting Comments, Motions To Intervene, and Urban Maternal and Child Health Leadership Competing Applications: Community Cooperative Agreement, 18851–18852 kW River Hydroelectric, 18839 Request Under Blanket Authorization: Homeland Security Department Enable Gas Transmission, LLC, 18840–18841 See Coast Guard Staff Protest to Proposed Blanket Certificate Activity: See Federal Emergency Management Agency Spire Storage West, LLC, 18839 Interior Department Federal Motor Carrier Safety Administration See Fish and Wildlife Service NOTICES See National Park Service Agency Information Collection Activities; Proposals, Submissions, and Approvals: Internal Revenue Service Transportation of Household Goods; Consumer NOTICES Protection, 18916–18918 Low Income Taxpayer Clinic Grant Program; Availability of 2020 Grant Application Package, 18921–18922 Federal Reserve System PROPOSED RULES International Trade Administration Netting Eligibility for Financial Institutions, 18741–18746 NOTICES NOTICES Antidumping or Countervailing Duty Investigations, Orders, Privacy Act; Systems of Records, 18843–18845 or Reviews, 18777–18796 Antidumping or Countervailing Duty Investigations, Orders, Federal Trade Commission or Reviews: RULES Large Diameter Welded Pipe From Canada, 18775–18777 Trade Regulation Rule Concerning Preservation of Large Diameter Welded Pipe From Greece, 18769–18771 Consumers’ Claims and Defenses, 18711–18715 Large Diameter Welded Pipe From the Republic of Korea, PROPOSED RULES 18767–18769, 18773–18775 Regulatory Review Schedule, 18746–18748 Large Diameter Welded Pipe From the Republic of NOTICES Turkey, 18771–18773, 18799–18801 Agency Information Collection Activities; Proposals, Refillable Stainless Steel Kegs From Mexico, 18796– Submissions, and Approvals, 18845–18846 18799

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International Trade Commission Revisions to NOAA’s Policy for the Assessment of Civil NOTICES Administrative Penalties and Permit Sanctions, 18808– Complaint: 18809 Certain Digital Video Receivers, Broadband Gateways, Takes of Marine Mammals Incidental to Specified and Related Hardware and Software Components, Activities: 18861–18862 Boost-Back and Landing of Falcon 9 Rockets, 18828 Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts Site Characterization Surveys off the Coast of New York, and Accoutrements, 18860–18861 18801–18808 Investigations; Determinations, Modifications, and Rulings, U.S. Navy Target and Missile Launch Activities on San etc.: Nicolas Island, CA, 18809–18826 Steel Trailer Wheels From China, 18862–18863 Justice Department National Park Service See Antitrust Division NOTICES See Justice Programs Office Meetings: NOTICES Committee for the Preservation of the White House, Agency Information Collection Activities; Proposals, 18859 Submissions, and Approvals: National Register of Historic Places; Notification of Pending 2019 Census of Jails, 18865–18867 Nominations and Related Actions, 18858–18859 2019 Census of Tribal Law Enforcement Agencies, 18868–18869 Nuclear Regulatory Commission Proposed Consent Decree: NOTICES Clean Air Act, 18867–18868 Meetings: Clean Water Act, 18865 Advisory Committee on Reactor Safeguards Subcommittee on Future Plant Designs, 18873–18874 Justice Programs Office Advisory Committee on Reactor Safeguards NOTICES Subcommittee on Planning and Procedures, 18874 Meetings: Draft Approaches for Addressing Training and Coordinating Council on Juvenile Justice and Experience Requirements for Radiopharmaceuticals Delinquency Prevention, 18869 Requiring a Written Directive, 18874–18877 Labor Department See Occupational Safety and Health Administration Occupational Safety and Health Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Maritime Advisory Committee for Occupational Safety Employee Retirement Income Security Act Summary and Health, 18872–18873 Annual Report Requirement, 18870 Functional Affirmative Action Programs Agreement Pension Benefit Guaranty Corporation Approval Process, 18870–18871 RULES Vacancy Posting for a Member of the Benefits Review Terminated and Insolvent Multiemployer Plans and Duties Board, 18871–18872 of Plan Sponsors, 18715–18727 Minority Business Development Agency NOTICES Pipeline and Hazardous Materials Safety Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 18801 Pipeline Safety: Potential for Damage to Pipeline Facilities Caused by National Institutes of Health Earth Movement and Other Geological Hazards, NOTICES 18919–18921 Meetings: Request for Special Permit: Advisory Committee to the Director, Amended, 18854 Gulf South Pipeline Co., LP, 18918–18919 Advisory Committee to the Director; Amended, 18853 National Center for Advancing Translational Sciences, Postal Regulatory Commission 18853–18854 NOTICES National Institute of Allergy and Infectious Diseases, New Postal Product, 18877–18878 18854 National Institute of Dental and Craniofacial Research, Postal Service 18853–18855 RULES National Institute of General Medical Sciences; Amended, Forms of Identification, 18731–18736 18853 National Institute on Drug Abuse, 18854 Presidential Documents National Oceanic and Atmospheric Administration PROCLAMATIONS NOTICES Special Observances: Agency Information Collection Activities; Proposals, Days of Remembrance of Victims of the Holocaust (Proc. Submissions, and Approvals, 18826–18827 9866), 18967–18970 Meetings: World Intellectual Property Day (Proc. 9865), 18695– Mid-Atlantic Fishery Management Council, 18827 18696

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Rural Business-Cooperative Service See Federal Motor Carrier Safety Administration NOTICES See Pipeline and Hazardous Materials Safety Agency Information Collection Activities; Proposals, Administration Submissions, and Approvals, 18766–18767 Treasury Department Securities and Exchange Commission See Internal Revenue Service NOTICES Applications for Deregistration, 18910–18911 Veterans Affairs Department Meetings; Sunshine Act, 18894, 18901 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Agency Information Collection Activities; Proposals, Cboe BZX Exchange, Inc., 18899–18901 Submissions, and Approvals: Cboe EDGX Exchange, Inc., 18905–18908 MATIC Enrollment/Change, 18922–18923 Cboe Exchange, Inc., 18878–18892, 18901–18903 Nasdaq BX, Inc, 18908–18910 Nasdaq GEMX, LLC, 18897–18898 Separate Parts In This Issue Nasdaq ISE, LLC, 18892–18894 Nasdaq MRX, LLC, 18903–18905 Part II NYSE American LLC, 18911–18913 Environmental Protection Agency, 18926–18965 NYSE Chicago, Inc., 18895–18897 Part III Social Security Administration Presidential Documents, 18967–18970 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18913–18915 Reader Aids Trade Representative, Office of United States Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, and notice List of Countries Denying Fair Market Opportunities for of recently enacted public laws. Government-Funded Airport Construction Projects, To subscribe to the Federal Register Table of Contents 18915 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Transportation Department address, then follow the instructions to join, leave, or See Federal Aviation Administration manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9865...... 18695 9866...... 18969 11 CFR 100...... 18697 101...... 18697 102...... 18697 104...... 18697 105...... 18697 108...... 18697 110...... 18697 114...... 18697 12 CFR Proposed Rules: 231...... 18741 14 CFR 25...... 18701 39 (2 documents) ...... 18704, 18707 16 CFR 433...... 18711 Proposed Rules: Ch. I ...... 18746 29 CFR 4041A ...... 18715 4245...... 18715 4281...... 18715 33 CFR 100...... 18727 39 CFR 111...... 18731 40 CFR 52 (2 documents) ...... 18736, 18738 Proposed Rules: 63...... 18926 42 CFR Proposed Rules: 410...... 18748 414...... 18748 424...... 18748 488...... 18748 493...... 18748 47 CFR Proposed Rules: 1...... 18757

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Federal Register Presidential Documents Vol. 84, No. 85

Thursday, May 2, 2019

Title 3— Proclamation 9865 of April 25, 2019

The President World Intellectual Property Day, 2019

By the President of the United States of America

A Proclamation On World Intellectual Property Day, we celebrate the essential role of innova- tion in the strength and expansion of our economy. Our free market continues to unleash the imagination of our Nation’s talented creators, inventors, and entrepreneurs, enabling them to develop products that improve and elevate lives across our country and around the world. To maintain and reinforce our economic competitiveness, we must protect intellectual property and related technologies so that new industries and innovations can flourish. Since the founding, our Nation’s incredible intellectual property system has empowered Americans to make discoveries that have helped us live healthy, prosperous, and enjoyable lives. My Administration is determined to build on our country’s strong tradition of protecting intellectual property. Last year, I signed the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, which will improve our protection of the creative genius of America’s extraordinary musicians. This groundbreaking legislation modernizes our outdated copyright laws so that artists and songwriters are justly compensated for the online use of their music. Additionally, my Administration negotiated the new United States-Mexico-Canada Agreement (USMCA), modernizing the North American Free Trade Agreement into a 21st century, high-standard agreement. The USMCA includes the strongest and most comprehensive intellectual property standards of any prior free trade agreement. Once ap- proved by the Congress, the USMCA will deliver comprehensive protections against misappropriation of trade secrets, robust border enforcement, and enhanced trademark, copyright, and patent provisions that are critical to driving innovation, creating economic growth, and supporting American jobs. Earlier this month, I also issued a memorandum directing my Cabinet to combat trafficking in counterfeit and pirated goods in online marketplaces. We must stop those actors who engage in unfair and unscrupulous practices, including nation states that sponsor the theft of American intellectual prop- erty. To protect our economic and national security, my Administration is taking aggressive action to enforce both our laws and a fair and reciprocal trade policy. For example, a critical part of our ongoing negotiations with China includes putting an end to the hundreds of billions of dollars of intellectual property we lose to China each year. Protecting the innovations, creations, and inventions that power our country are vital to our economic prosperity and national security. The theme of this year’s World Intellectual Property Day is intellectual property in sports. Intellectual property is critical to advancing the ability of our athletes to compete and increasing the enjoyment of sports for fans. We celebrate the innovations of those working behind the scenes to create new sports equipment, enhance safety, improve branding, and broadcast sporting events. From new materials that preserve athlete health and promote performance to game-changing technological advances in robotics and artifi- cial intelligence, intellectual property underpins the sports industry. Today, we recognize that the success of nearly every industry, from entertain- ment and sports to agriculture and technology, depends on a framework that protects intellectual property. A brighter and more hopeful future is

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dawning because of the increased attention nations are paying to innovation, creativity, and intellectual property. As the human mind continues to tran- scend limitations, we will work to empower the creative spirit of today’s innovators by protecting their hard work. 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 April 26, 2019, as World Intellectual Property Day. I encourage Americans to observe this day with events and educational programs that celebrate the benefits of intellectual property to our economy and our country. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of April, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty- third.

[FR Doc. 2019–09105 Filed 5–1–19; 8:45 am] Billing code 3295–F9–P

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Rules and Regulations Federal Register Vol. 84, No. 85

Thursday, May 2, 2019

This section of the FEDERAL REGISTER minimum, his or her first name, last electronically. 52 U.S.C. contains regulatory documents having general name, city, and state. All properly 30104(a)(11)(A)(i); 11 CFR 104.18(a). applicability and legal effect, most of which submitted comments, including The Commission accordingly is are keyed to and codified in the Code of attachments, will become part of the amending its regulations to clarify that Federal Regulations, which is published under public record, and the Commission will these electronic filing requirements 50 titles pursuant to 44 U.S.C. 1510. make comments available for public apply to all filers, including Senate The Code of Federal Regulations is sold by viewing on the Commission’s website filers. the Superintendent of Documents. and in the Commission’s Public Records B. Revisions to 11 CFR Part 105— Office. Accordingly, commenters should Document Filing not provide in their comments any FEDERAL ELECTION COMMISSION information that they do not wish to Currently, 11 CFR part 105 contains make public, such as a home street four separate regulations setting forth 11 CFR Parts 100, 101, 102, 104, 105, address, personal email address, date of the place of filing for different types of 108, 110, and 114 birth, phone number, social security filers. See 11 CFR 105.1 (House [Notice 2019–08] number, or driver’s license number, or candidates and their authorized any information that is restricted from committees), 105.2 (Senate candidates, Point of Entry for All Campaign disclosure, such as trade secrets or their authorized committees, and Finance Reports commercial or financial information committees supporting only Senate that is privileged or confidential. candidates), 105.3 (Presidential AGENCY: Federal Election Commission. candidates and their authorized SUPPLEMENTARY INFORMATION: ACTION: Interim final rule. committees), and 105.4 (other political A. Background committees and persons). Because all SUMMARY: Congress amended the The Legislative Branch filers must now file with the Federal Election Campaign Act Commission, the Commission is (‘‘FECA’’) to require all reports, Appropriations Act, 2019, Public Law 115–244, sec. 102, 132 Stat. 2897, 2926 replacing 11 CFR 105.1 through 105.4 designations, and notices mandated by with new section 105.1 stating that all (2018) (‘‘Appropriations Act’’) amended FECA to be filed with the Federal reports, designations, or statements the Federal Election Campaign Act, 52 Election Commission. Previously, required by FECA must be filed with the U.S.C. 30101–30145 (‘‘FECA’’) to Senate candidates and certain political Commission. committees were required to file such require that all reports, designations, Additionally, 11 CFR 105.5 requires reports, designations, and notices with and statements required to be filed the Secretary of the Senate to transfer all the Secretary of the Senate. The under FECA must be filed with the reports it receives pursuant to section Commission is amending its regulations Commission. 52 U.S.C. 30102(g). 105.2 to the Commission. Because this to implement this new statutory Previously, candidates for the United provision is no longer necessary, the requirement. The Commission is States Senate, their principal campaign Commission is deleting it. accepting comments on this revision to committees, and the Republican and its regulations and comments received Democratic Senatorial Campaign C. Revisions to 11 CFR 104.4— may be addressed in a subsequent Committees (collectively ‘‘Senate Independent Expenditures by Political rulemaking document. filers’’) were required to file on paper Committees with the Secretary of the Senate. 52 DATES: Effective May 2, 2019. Comments Current section 104.4(e) instructs must be received on or before June 3, U.S.C. 30102(g)(1) (2015) (amended filers to file their independent 2019. 2018). All other filers were required to expenditure reports based on the office submit their reports, designations, and sought by the candidate identified in the FOR FURTHER INFORMATION CONTACT: Ms. statements with the Commission. See 52 communication. For independent Esther D. Gyory, Acting Assistant U.S.C. 30102(g)(3) (2015) (amended expenditures in support of, or in General Counsel, or Ms. Cheryl A. 2018); see also 11 CFR part 105. To opposition to, Senate candidates, Hemsley, Attorney, (202) 694–1650 or implement the change in the point of regularly scheduled reports must be (800) 424–9530. entry for reports, designations, and filed with the Secretary of the Senate ADDRESSES: All comments must be in statements filed under FECA, the and the Secretary of State in the state in writing. Comments may be submitted Commission is amending several which the candidate is seeking election, electronically via the Commission’s regulations that state or refer to the while 24- and 48-hour reports must be website at http://sers.fec.gov/fosers, point of entry for reports, designations, filed with the Commission and the reference REG 2018–04. Commenters are or notices. Secretary of State in the state in which encouraged to submit comments Additionally, Senate filers are now the candidate is seeking election. 11 electronically to ensure timely receipt subject to the electronic filing CFR 104.4(e)(2). The Commission is and consideration. Alternatively, requirements of FECA and Commission removing this paragraph. The comments may be submitted in paper regulations. Under these requirements, Commission also is renumbering current form. Paper comments must be sent to persons who are required to file with paragraph (e)(3) (currently applicable to the Federal Election Commission, Attn.: the Commission and have made independent expenditures referencing Esther D. Gyory, Acting Assistant expenditures or received contributions House of Representatives candidates) as General Counsel, 1050 First Street NE, (or expect to make expenditures or paragraph (e)(2) and revising the new Washington, DC 20463. Each receive contributions) aggregating over paragraph to require that reports of commenter must provide, at a $50,000 in a calendar year must file independent expenditures referencing

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House candidates, Senate candidates, or 104.22(d) (‘‘Disclosure of bundling by 11 CFR Part 110 both, are filed with the Commission and Lobbyists/Registrants and Lobbyist/ Campaign funds, Political committees the Secretary of the State in the state in Registrant PACs’’), and 110.6(c)(1)(i) and parties. which the candidate is seeking election; (‘‘Earmarked contributions’’). renumbering current paragraph (e)(4) as The Commission is taking this action 11 CFR Part 114 paragraph (e)(3); and making without advance notice and comment Business and industry, Elections, conforming edits to the cross-references because it falls under the ‘‘good cause’’ Labor. to current paragraphs (e)(2) and (e)(3). exception of the Administrative For the reasons set out in the D. Revisions to 11 CFR 104.18— Procedure Act (‘‘APA’’), 5 U.S.C. preamble, the Federal Election Electronic Filing of Reports 553(b)(B). The revisions are necessary to Commission amends 11 CFR chapter I, conform the Commission’s regulations The Commission is revising 11 CFR as follows: to FECA as amended by the 104.18(a) and (b) to make clear that all Appropriations Act. Because this action PART 100—SCOPE AND DEFINITIONS persons — including Senate filers — does not involve any Commission (52 U.S.C. 30101) required by FECA to file reports and discretion or policy judgments, notice who meet certain qualifications must do ■ and comment are unnecessary. 5 U.S.C. 1. The authority citation for part 100 so electronically with the Commission. 553(b)(B), (d)(3). is revised to read as follows: In paragraph (a), for sake of For the same reasons, these revisions Authority: 52 U.S.C. 30101, 30102(g), completeness, the Commission is 30104, 30111(a)(8), and 30114(c). adding a cross-reference to parts 101, fall within the ‘‘good cause’’ exception 102, 104, and 109, which also require to the APA’s delayed effective date ■ 2. Amend § 100.5 by revising persons to file reports. In paragraph (b), provision and the requirements of the paragraph (e)(3) to read as follows: Congressional Review Act. 5 U.S.C. the Commission is removing the § 100.5 Political committee (52 U.S.C. reference to part 105 because it is no 553(d)(3), 808(2). Moreover, because 30101(4), (5), and (6)). longer necessary. this interim final rule is exempt from the APA’s notice and comment * * * * * D. References to the Secretary of the procedure under 5 U.S.C. 553(b), the (e) * * * (3) Multi-candidate committee. Multi- Senate and 11 CFR Part 105 Commission is not required to conduct candidate committee means a political The Commission also is making a regulatory flexibility analysis under 55 committee which— conforming revisions to a number of U.S.C. 603 or 604. See 5 U.S.C. 601(2), (i) Has been registered with the regulations that refer either to the 604(a). Nor is the Commission required Commission for at least 6 months; Secretary of the Senate as a place of to submit these revisions for (ii) Has received contributions for filing or to the current place of filing Congressional review under FECA. See Federal elections from more than 50 provisions in 11 CFR part 105. 52 U.S.C 30111(d)(1), (4) (providing for persons; and congressional review when the 1. Removal of References to the (iii) Except for any State political Commission ‘‘prescribe[s]’’ a ‘‘rule of Secretary of the Senate party organization, has made law’’). Accordingly, these revisions are contributions to 5 or more Federal The Commission is removing the effective upon publication in the candidates. words ‘‘the Secretary of the Senate,’’ Federal Register. ‘‘file with the Commission’’ and, in one * * * * * instance, the Secretary of the Senate’s List of Subjects ■ 3. Amend § 100.19 by revising the address, in the following provisions: 11 11 CFR Part 100 introductory text and paragraphs (a) and CFR 100.5(e)(3) (definition of ‘‘political (e) to read as follows: committee’’), 100.19 (‘‘File, filed, or Elections. filing’’), 104.3(e)(5) (‘‘Contents of § 100.19 File, filed, or filing (52 U.S.C. 11 CFR Part 101 30102(g), 30104(a)). reports’’), 104.5(f) (‘‘Filing dates’’), 104.14(c) (‘‘Formal requirements Political candidates, Reporting and With respect to documents required to regarding reports and statements’’), recordkeeping requirements. be filed under 11 CFR parts 101, 102, 104.22(d) (‘‘Disclosure of bundling by 104, 105, 107, 108, and 109, and any Lobbyists/Registrants and Lobbyist/ 11 CFR Part 102 modifications or amendments thereto, the terms file, filed, and filing mean one Registrant PACs’’), 108.8 (‘‘Exemption Political committees and parties, for the District of Columbia’’), of the actions set forth in paragraphs (a) Reporting and recordkeeping through (f) of this section. For purposes 110.6(c)(1)(i) and (ii) (‘‘Earmarked requirements. contributions’’), and 114.6(d)(3) and (5) of this section, document means any (‘‘Twice yearly solicitations’’). 11 CFR Part 104 report, statement, notice, or designation required by the Act to be filed with the 2. Removal of Cross-References to 11 Campaign funds, Political committees Commission. CFR Part 105 and parties, Reporting and (a) Where to deliver reports. Except The Commission also is removing recordkeeping requirements. for documents electronically filed under cross-references to 11 CFR part 105 and, 11 CFR Part 105 paragraph (c) of this section, a where appropriate, inserting the words document is timely filed upon delivery ‘‘with the Commission’’ in the following Campaign funds, Political candidates, to the Federal Election Commission, at provisions: 11 CFR 101.1(a) and (b) Political committees and parties, the street address identified in the (‘‘Candidate designations’’), 102.1(a) Reporting and recordkeeping definition of ‘‘Commission’’ in § 1.2, by and (d) (‘‘Registration of political requirements. the close of business on the prescribed filing date. committees’’), 102.2(a)(1) (‘‘Statement of 11 CFR Part 108 organization: Forms and committee * * * * * identification number’’), 102.3(a)(1) Elections, Reporting and (e) 48-hour statements of last-minute (‘‘Termination of registration’’), recordkeeping requirements. contributions. In addition to other

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permissible means of filing, authorized Authority: 52 U.S.C. 30102, 30103, PART 104—REPORTS BY POLITICAL committees that are not required to file 30104(a)(11), 30111(a)(8), 30120. COMMITTEES AND OTHER PERSONS electronically may file 48-hour notices ■ 7. Amend § 102.1 by revising (52 U.S.C. 30104) of contributions using facsimile paragraphs (a) and (d) to read as follows: machines. All authorized committees, ■ 10. The authority citation for part 104 including electronic reporting entities, § 102.1 Registration of political is revised to read as follows: committees (52 U.S.C. 30102(g), 30103(a)). may use the Commission’s website’s on- Authority: 52 U.S.C. 30101(1), 30101(8), line program to file 48-hour (a) Principal campaign committees. 30101(9), 30102(g) and (i), 30104, 30111(a)(8) notifications of contributions. See 11 Each principal campaign committee and (b), 30114, 30116, 36 U.S.C. 510. CFR 104.5(f). shall file a Statement of Organization in ■ 11. Amend § 104.3 by revising * * * * * accordance with 11 CFR 102.2 no later paragraph (e)(5) as follows: than 10 days after designation pursuant PART 101—CANDIDATE STATUS AND to 11 CFR 101.1. In addition, each § 104.3 Contents of reports (52 U.S.C. DESIGNATIONS (52 U.S.C. 30102(e)) principal campaign committee shall file 30102(g), 30104(b), 30114). all designations, statements and reports * * * * * ■ 4. The authority citation for part 101 which are filed with such committee (e) * * * is revised to read as follows: with the Commission. (5) A committee using pseudonyms Authority: 52 U.S.C. 30102(e), (g), * * * * * shall send a list of such pseudonyms 30104(a)(11), and 30111(a)(8). (d) Other political committees. All under separate cover directly to the ■ 5. Revise § 101.1 to read as follows: other committees shall file a Statement Reports Analysis Division, Federal of Organization no later than 10 days Election Commission, at the street § 101.1 Candidate designations (52 U.S.C. address identified in the definition of 30102(e)(1), (g)). after becoming a political committee within the meaning of 11 CFR 100.5. ‘‘Commission’’ in § 1.2 of this chapter, (a) Principal Campaign Committee. on or before the date on which any Within 15 days after becoming a Such statement(s) shall be filed with the Commission. report containing such pseudonyms is candidate under 11 CFR 100.3, each filed with the Commission. The candidate, other than a nominee for the ■ 8. Amend § 102.2 by revising Commission shall maintain the list, but office of Vice President, shall designate paragraph (a)(1) to read as follows: shall exclude it from the public record. in writing, a principal campaign A committee shall not send any list of committee in accordance with 11 CFR § 102.2 Statement of organization: Forms and committee identification number (52 pseudonyms to any Secretary of State or 102.12. A candidate shall designate his U.S.C. 30302(g), 30103(b), (c)). equivalent state officer. or her principal campaign committee by * * * * * filing a Statement of Candidacy on FEC (a) * * * Form 2, or, if the candidate is not (1) The Statement of Organization ■ 12. Amend § 104.4 by removing required to file electronically under 11 shall be filed with the Commission on paragraph (e)(2), redesignating CFR 104.18, by filing a letter with the Federal Election Commission Form 1. paragraph (e)(3) as paragraph (e)(2) and Commission containing the same * * * * * revising it, and redesignating paragraph information (that is, the individual’s (e)(4) as paragraph (e)(3) and revising it. ■ 9. Amend § 102.3 by revising The revisions read as follows: name and address, party affiliation, and paragraph (a)(1) to read as follows: office sought, the District and State in § 104.4 Independent expenditures by which Federal office is sought, and the § 102.3 Termination of registration (52 political committees (52 U.S.C. 30102(g), name and address of his or her principal U.S.C. 30102(g), 30103(d)(1)). 30104(b), (d), and (g)). campaign committee). Each principal (a)(1) A political committee (other * * * * * campaign committee shall register, than a principal campaign committee) (e) * * * designate a depository, and report in may terminate only upon filing a (2) For independent expenditures in accordance with 11 CFR parts 102, 103, termination report on the appropriate support of, or in opposition to, a and 104. FEC Form or upon filing a written candidate for the U.S. Senate or the (b) Authorized committees. A statement containing the same House of Representatives: With the candidate may designate additional information with the Commission. Commission and the Secretary of State political committees in accordance with Except as provided in 11 CFR 102.4(c), for the State in which the candidate is 11 CFR 102.13 to serve as committees only a committee which will no longer seeking election. which will be authorized to accept receive any contributions or make any (3) Notwithstanding the requirements contributions or make expenditures on disbursements that would otherwise of paragraphs (e)(1) and (2) of this behalf of the candidate. For each such qualify it as a political committee may section, political committees and other authorized committee, other than a terminate, provided that such persons shall not be required to file principal campaign committee, the committee has no outstanding debts and reports of independent expenditures candidate shall file a written obligations. In addition to the Notice, with the Secretary of State if that State designation with his or her principal the committee shall also provide a final has obtained a waiver under 11 CFR campaign committee. The principal report of receipts and disbursements, 108.1(b). campaign committee shall file such which report shall include a statement * * * * * designations with the Commission. as to the purpose for which such ■ 13. Amend § 104.5 by revising residual funds will be used, including a PART 102—REGISTRATION, paragraph (f) to read as follows: ORGANIZATION, AND statement as to whether such residual RECORDKEEPING BY POLITICAL funds will be used to defray expenses § 104.5 Filing dates (52 U.S.C. 30102(g), COMMITTEES (52 U.S.C. 30103) incurred in connection with an 30104(a)(2)). individual’s duties as a holder of federal * * * * * ■ 6. The authority citation for part 102 office. (f) 48-hour notification of continues to read as follows: * * * * * contributions. If any contribution of

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$1,000 or more is received by any accordance with paragraph (e) of this PART 110—CONTRIBUTION AND authorized committee of a candidate section. The committee or other person EXPENDITURE LIMITATIONS AND after the 20th day, but more than 48 must continue to file in an electronic PROHIBITIONS hours, before 12:01 a.m. of the day of format all reports covering financial the election, the principal campaign activity for that calendar year, unless ■ 22. The authority citation for part 110 committee of that candidate shall notify the Commission determines that is revised to read as follows: the Commission and the Secretary of extraordinary and unforeseeable Authority: 52 U.S.C. 30101(8), 30101(9), State, as appropriate, within 48 hours of circumstances have made it 30102(c)(2) and (g), 30104(i)(3), 30111(a)(8), receipt of the contribution. The impracticable for the political 30116, 30118, 30120, 30121, 30122, 30123, notification shall be in writing and shall committee or other person to continue 30124, and 36 U.S.C. 510. include the name of the candidate and filing electronically. ■ 23. Amend § 110.6 by revising office sought by the candidate, the * * * * * paragraphs (c)(1)(i) and (ii) to read as identification of the contributor, and the ■ follows: date of receipt and amount of the 16. Amend § 104.22 by revising contribution. The notification shall be paragraph (d) to read as follows: § 110.6 Earmarked contributions (52 U.S.C. 30102(g), 30116(a)(8)). filed in accordance with 11 CFR 100.19. § 104.22 Disclosure of bundling by The notification shall be in addition to Lobbyist/Registrants and Lobbyist/ * * * * * the reporting of these contributions on Registrant PACs (52 U.S.C. 30102(g), (c) * * * the post-election report. 30104(i)). (1) * * * * * * * * * * * * * (i) The intermediary or conduit of the earmarked contribution shall report the ■ 14. Amend § 104.14 by revising (d) Where to file. Reporting original source and the recipient paragraph (c) to read as follows: committees shall file with the Federal candidate or authorized committee to Election Commission. § 104.14 Formal requirements regarding the Commission and to the recipient reports and statements. * * * * * candidate or authorized committee. (ii) The report to the Commission * * * * * PART 105—DOCUMENT FILING (52 shall be included in the conduit’s or (c) Acknowledgements by the U.S.C. 30102(g)) Commission of the receipt of Statements intermediary’s report for the reporting of Organization, reports or other period in which the earmarked ■ 17. The authority citation for part 105 statements filed under 11 CFR parts 101, contribution was received, or, if the continues to read as follows: 102, and 104 are intended solely to conduit or intermediary is not required inform the person filing the report of its Authority: 52 U.S.C. 30102(g), 30104, to report under 11 CFR part 104, by receipt and neither the 30111(a)(8). letter to the Commission within thirty acknowledgement nor the acceptance of ■ 18. Revise § 105.1 to read as follows: days after forwarding the earmarked a report or statement shall constitute contribution. express or implied approval, or in any § 105.1 Place of filing (52 U.S.C. 30102(g), * * * * * manner indicate that the contents of any 30104(g)). PART 114—CORPORATE AND LABOR report or statement fulfill the filing or All designations, statements, reports, ORGANIZATION ACTIVITY other requirements of the Act or of these and notices, as well as any regulations. modification(s) or amendment(s) ■ 24. The authority citation for part 114 * * * * * thereto, required to be filed under the continues to read as follows: ■ 15. Amend § 104.18 by revising Act shall be filed in original form with, paragraphs (a)(1) introductory text and and received by, the Commission as Authority: 52 U.S.C. 30101(8), 30101(9), (b) to read as follows: defined in § 1.2. 30102, 30104, 30107(a)(8), 30111(a)(8), 30118. § 104.18 Electronic filing of reports (52 §§ 105.2, 105.3, 105.4, and 105.5 [Removed ■ 25. Amend § 114.6 by revising U.S.C. 30102(d) and 30104(a)(11)). and Reserved] paragraphs (d)(3)(i) and (d)(5) to read as (a) * * * ■ 19. Remove and reserve §§ 105.2, follows: (1) Political committees and other 105.3, 105.4, and 105.5. persons required by the Act to file § 114.6 Twice yearly solicitations. reports with the Commission, as PART 108—FILING COPIES OF * * * * * provided in 11 CFR parts 101, 102, 104, REPORTS AND STATEMENTS WITH (d) * * * 105, 107, and 109, must do so in an STATE OFFICERS (52 U.S.C. 30113) (3) * * * electronic format that meets the (i) Make the records of persons requirements of this section if— ■ 20. The authority citation for part 108 making a single contribution of $50 or * * * * * is revised to read as follows: less, or multiple contributions (b) Voluntary. A political committee aggregating $200 or less, in a calendar Authority: 52 U.S.C. 30102(g), 30104(a)(2), year, available to any person other than or other person who files reports with 30111(a)(8), 30113, 30143. the Commission and who is not representatives of the Federal Election required to file electronically under ■ 21. Revise § 108.8 to read as follows: Commission and law enforcement paragraph (a) of this section, may officials or judicial bodies. choose to file its reports in an electronic § 108.8 Exemption for the District of * * * * * Columbia (52 U.S.C. 30102(g)) format that meets the requirements of (5) Notwithstanding the prohibitions this section (internet forms included). If Any copy of a report required to be of paragraph (d)(1) of this section, the a political committee or other person filed with the equivalent officer in the custodian may be employed by the chooses to file its reports electronically, District of Columbia shall be deemed to separate segregated fund as its treasurer all electronically filed reports must pass be filed if the original has been filed and may handle all of its contributions, the Commission’s validation program in with the Commission. provided that the custodian preserves

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the anonymity of the contributors as ADDRESSES: Send comments identified and finds that good cause exists for required by this section. The custodian by Docket No. FAA–2019–0152 using making these special conditions shall file the required reports with the any of the following methods: effective upon publication in the Federal Election Commission. A • Federal eRegulations Portal: Go to Federal Register. custodian who serves as treasurer is http://www.regulations.gov/ and follow Comments Invited subject to all of the duties, the online instructions for sending your responsibilities, and liabilities of a comments electronically. We invite interested people to take treasurer under the Act, and may not • Mail: Send comments to Docket part in this rulemaking by sending participate in the decision making Operations, M–30, U.S. Department of written comments, data, or views. The process whereby the separate segregated Transportation (DOT), 1200 New Jersey most helpful comments reference a fund makes contributions and Avenue SE, Room W12–140, West specific portion of the special expenditures. Building Ground Floor, Washington, DC conditions, explain the reason for any * * * * * 20590–0001. recommended change, and include • Hand Delivery or Courier: Take supporting data. On behalf of the Commission, comments to Docket Operations in We will consider all comments we Ellen L. Weintraub, Room W12–140 of the West Building receive by the closing date for Chair, Federal Election Commission. Ground Floor at 1200 New Jersey comments. We may change these special [FR Doc. 2019–08874 Filed 5–1–19; 8:45 am] Avenue SE, Washington, DC, between 9 conditions based on the comments we BILLING CODE 6715–01–P a.m. and 5 p.m., Monday through receive. Friday, except Federal holidays. Background • Fax: Fax comments to Docket Operations at 202–493–2251. On June 15, 2017, Greenpoint applied DEPARTMENT OF TRANSPORTATION Privacy: The FAA will post all for a supplemental type certificate for comments it receives, without change, single-occupant, side-facing seats with Federal Aviation Administration to http://www.regulations.gov/, airbag devices in shoulder belts, and a including any personal information the floor-level, leg-flail-prevention device to 14 CFR Part 25 commenter provides. Using the search limit the axial rotation of the upper leg, function of the docket website, anyone installed in Boeing Model 787–8 [Docket No. FAA–2019–0152; Special can find and read the electronic form of airplanes. The Boeing Model 787–8 Conditions No. 25–744–SC] all comments received into any FAA airplane, which is a derivative of the docket, including the name of the Boeing Model 787 currently approved Special Conditions: Greenpoint individual sending the comment (or under Type Certificate No. T00021SE, is Technologies, Inc., Boeing Model 787– signing the comment for an association, a twin-engine, transport-category 8 Airplane; Dynamic Test business, labor union, etc.). DOT’s airplane with a maximum takeoff weight Requirements for Single-Occupant, complete Privacy Act Statement can be of 502,500 pounds. The airplanes, as Side-Facing Seats With Airbag Devices found in the Federal Register published modified by Greenpoint, will have a in Shoulder Belts on April 11, 2000 (65 FR 19477–19478). business-jet interior with a maximum seating capacity of 41. AGENCY: Federal Aviation Docket: Background documents or Administration (FAA), DOT. comments received may be read at Type Certification Basis http://www.regulations.gov/ at any time. ACTION: Final special conditions; request Under the provisions of title 14, Code Follow the online instructions for for comments. of Federal Regulations (14 CFR) 21.101, accessing the docket or go to Docket Greenpoint must show that the Boeing Operations in Room W12–140 of the SUMMARY: These special conditions are Model 787–8 airplane, as changed, West Building Ground Floor at 1200 issued for the Boeing Model 787–8 continues to meet the applicable New Jersey Avenue SE, Washington, airplane. This airplane, as modified by provisions of the regulations listed in DC, between 9 a.m. and 5 p.m., Monday Greenpoint Technologies, Inc. Type Certificate No. T00021SE, or the through Friday, except Federal holidays. (Greenpoint), will have a novel or applicable regulations in effect on the unusual design feature when compared FOR FURTHER INFORMATION CONTACT: date of application for the change, to the state of technology envisioned in Shannon Lennon, Airframe & Cabin except for earlier amendments as agreed the airworthiness standards for Safety Section, AIR–675, Transport upon by the FAA. transport category airplanes. This design Standards Branch, Policy and If the Administrator finds that the feature is single-occupant, side-facing Innovation Division, Aircraft applicable airworthiness regulations seats with airbag devices in shoulder Certification Service, Federal Aviation (i.e., 14 CFR part 25) do not contain belts, and a floor-level, leg-flail- Administration, 2200 South 216th adequate or appropriate safety standards prevention device to limit the axial Street, Des Moines, Washington 98198; for the Boeing Model 787–8 airplane rotation of the upper leg. The applicable telephone and fax 206–231–3209; email because of a novel or unusual design airworthiness regulations do not contain [email protected]. feature, special conditions are adequate or appropriate safety standards SUPPLEMENTARY INFORMATION: The FAA prescribed under the provisions of for this design feature. These special has determined that notice of, and § 21.16. conditions contain the additional safety opportunity for prior public comment Special conditions are initially standards that the Administrator on, these special conditions is applicable to the model for which they considers necessary to establish a level impracticable because the substance of are issued. Should the applicant apply of safety equivalent to that established these special conditions has been for a supplemental type certificate to by the existing airworthiness standards. published in the Federal Register for modify any other model included on the DATES: This action is effective on public comment in several prior same type certificate to incorporate the Greenpoint Technologies, Inc. on May 2, instances with no substantive comments same novel or unusual design feature, 2019. Send comments on or before June received. The FAA therefore finds it these special conditions would also 17, 2019. unnecessary to delay the effective date apply to the other model under § 21.101.

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In addition to the applicable seat installations. That research has Authority Citation airworthiness regulations and special identified injury considerations and The authority citation for these conditions, the Boeing Model 787–8 evaluation criteria in addition to those special conditions is as follows: airplane must comply with the fuel-vent previously used to approve side-facing and exhaust-emission requirements of seats (see published report DOT/FAA/ Authority: 49 U.S.C. 106(f), 106(g), 40113, 14 CFR part 34, and the noise- AR–09/41, July 2011). One particular 44701, 44702, 44704. certification requirements of 14 CFR concern that was identified during the The Special Conditions part 36. FAA’s research program, but not Accordingly, pursuant to the The FAA issues special conditions, as addressed in the previous special authority delegated to me by the defined in 14 CFR 11.19, in accordance conditions, was the significant leg Administrator, the following special with § 11.38, and they become part of injuries that can occur to occupants of conditions are issued as part of the type the type certification basis under both single- and multiple-place side- certification basis for Boeing Model § 21.101. facing seats. Because this type of injury 787–8 airplanes modified by Novel or Unusual Design Features does not occur on forward- and aft- Greenpoint. facing seats, the FAA determined that, In addition to the airworthiness The Boeing Model 787–8 airplane, as to achieve the level of safety envisioned modified by Greenpoint, will standards in §§ 25.562 and 25.785, in Amendment 25–64, additional special conditions 1 and 2 apply to all incorporate the following novel or requirements would be needed as unusual design features: side-facing seat installations, and compared to previously issued special special conditions 3 through 16 apply to Single-occupant, side-facing seats conditions. Nonetheless, the research with airbag devices in shoulder belts. side-facing seats equipped with an has now allowed the development of a airbag system in the shoulder-belt Discussion single set of special conditions system and an airbag system in the leg- Amendment 25–64, dated June 16, applicable to all fully side-facing seats. flail arresting device. On November 5, 2012, the FAA 1988, revised the emergency-landing 1. Additional requirements applicable released PS–ANM–25–03–R1, conditions that must be considered in to tests or rational analysis conducted to ‘‘Technical Criteria for Approving Side- the design of the airplane. It revised the show compliance with §§ 25.562 and Facing Seats,’’ to update existing FAA static-load conditions in § 25.561 and 25.785 for side-facing seats: certification policy on §§ 25.562 and added a new § 25.562, requiring a. The longitudinal test(s) conducted 25.785(a) at Amendment 25–64 for dynamic testing for all seats approved in accordance with § 25.562(b)(2) to single- and multiple-place side-facing for occupancy during takeoff and show compliance with the seat-strength seats. This policy addresses both the landing. The intent was to provide an requirements of § 25.562(c)(7) and (8), technical criteria for approving side- improved level of safety for occupants and these special conditions must have facing seats and the implementation of on transport-category airplanes. Because an ES–2re Anthropomorphic Test those criteria. The FAA methodology most seating on transport-category Dummy (ATD) (49 CFR part 572, detailed in PS–ANM–25–03–R1 has airplanes is forward-facing, the pass/fail subpart U) or equivalent, or a Hybrid-II been used to establish a new set of criteria developed in Amendment 25–64 ATD (49 CFR part 572, subpart B, as proposed special conditions. focused primarily on forward-facing specified in § 25.562) or equivalent, These special conditions contain the occupying each seat position and seats. Therefore, the testing specified in additional safety standards that the the rule did not provide a complete including all items contactable by the Administrator considers necessary to occupant (e.g., armrest, interior wall, or measure of occupant injury in seats that establish a level of safety equivalent to are not forward-facing, although furnishing) if those items are necessary that established by the existing to restrain the occupant. If included, the § 25.785 does require occupants of all airworthiness standards. seats that are occupied during taxi, floor representation and contactable takeoff, and landing not suffer serious Applicability items must be located such that their injury as a result of the inertia forces As discussed above, these special relative position, with respect to the specified in §§ 25.561 and 25.562. conditions are applicable to Boeing center of the nearest seat place, is the For some time the FAA granted Model 787–8 airplanes modified by same at the start of the test as before exemptions for the multiple-place side- Greenpoint. Should Greenpoint apply at floor misalignment is applied. For facing-seat installations because the a later date for a supplemental type example, if floor misalignment rotates existing test methods and acceptance certificate to modify any other model the centerline of the seat place nearest criteria did not produce a level of safety included on Type Certificate No. the contactable item 8 degrees clockwise equivalent to the level of safety T00021SE to incorporate the same novel about the airplane x-axis, then the item provided for forward- and aft-facing or unusual design feature, these special and floor representations must be seats. These exemptions were subject to conditions would apply to that model as rotated by 8 degrees clockwise also to many conditions that reflected the well. maintain the same relative position to injury-evaluation criteria and mitigation the seat place. Each ATD’s relative strategies available at the time of the Conclusion position to the seat after application of exemption issuance. The FAA also This action affects only a certain floor misalignment must be the same as issued special conditions to address novel or unusual design feature on one before misalignment is applied. To single-place side-facing seats because model of airplanes. It is not a rule of ensure proper loading of the seat by the we believed that those conditions general applicability and affects only occupants, the ATD pelvis must remain provided the same level of safety as for the applicant who applied to the FAA supported by the seat pan, and the forward- and aft-facing seats. for approval of these features on the restraint system must remain on the Continuing concerns regarding the airplane. pelvis and shoulder of the ATD until safety of side-facing seats prompted the rebound begins. No injury-criteria FAA to conduct research to develop an List of Subjects in 14 CFR Part 25 evaluation is necessary for tests acceptable method of compliance with Aircraft, Aviation safety, Reporting conducted only to assess seat-strength §§ 25.562 and 25.785(b) for side-facing and recordkeeping requirements. requirements.

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b. The longitudinal test(s) conducted example, if an inflatable shoulder belt is front of the airplane. The three in accordance with § 25.562(b)(2), to used to mitigate injury risk, then it must abdominal-force sensors must be show compliance with the injury be demonstrated by inspection to bear installed such that they are on the side assessments required by § 25.562(c) and against the range of occupants in a of the ATD toward the front of the these special conditions, may be similar manner before and after airplane. conducted separately from the test(s) to inflation. Likewise, the means of f. The combined horizontal/vertical show structural integrity. In this case, limiting lower-leg flail must be test, required by § 25.562(b)(1) and these structural-assessment tests must be demonstrated by inspection to provide special conditions, must be conducted conducted as specified in paragraph 1a, protection for the range of occupants in with a Hybrid II ATD (49 CFR part 572, above, and the injury-assessment test a similar manner. subpart B, as specified in § 25.562), or must be conducted without yaw or floor e. For longitudinal test(s) conducted equivalent, occupying each seat misalignment. Injury assessments may in accordance with § 25.562(b)(2) and position. be accomplished by testing with ES–2re these special conditions, the ATDs must g. Restraint systems: ATD (49 CFR part 572, subpart U) or be positioned, clothed, and have lateral i. If inflatable shoulder and leg-flail equivalent at all places. Alternatively, instrumentation configured as follows: restraint systems are used, they must be these assessments may be accomplished i. ATD positioning—Lower the ATD active during all dynamic tests by multiple tests that use an ES–2re at vertically into the seat while conducted to show compliance with the seat place being evaluated, and a simultaneously: § 25.562. Hybrid-II ATD (49 CFR part 572, subpart 1. Aligning the midsagittal plane (a ii. The design and installation of seat- B, as specified in § 25.562) or equivalent vertical plane through the midline of the belt buckles must prevent unbuckling used in all seat places forward of the body; dividing the body into right and due to applied inertial forces or impact one being assessed, to evaluate occupant left halves) with approximately the of the hands/arms of the occupant interaction. In this case, seat places aft middle of the seat place. of the one being assessed may be 2. Applying a horizontal x-axis during an emergency landing. unoccupied. If a seat installation direction (in the ATD coordinate 2. Additional performance measures includes adjacent items that are system) force of about 20 lb (89 N) to the applicable to tests and rational analysis contactable by the occupant, the injury bottom of the feet of the ES–2re Hybrid- conducted to show compliance with potential of that contact must be II, to compress the seat back cushion. §§ 25.562 and 25.785 for side-facing assessed. To make this assessment, tests 3. Keeping the lower and upper legs seats: may be conducted that include the nearly horizontal by supporting at the a. Body-to-body contact: Contact actual item, located and attached in a bottom of the feet. between the head, pelvis, torso, or representative fashion. Alternatively, ii. Once all lifting devices have been shoulder area of one ATD with the the injury potential may be assessed by removed from the ATD: adjacent-seated ATD’s head, pelvis, a combination of tests with items having 1. Rock it slightly to settle it in the torso, or shoulder area is not allowed. the same geometry as the actual item, seat. Contact during rebound is allowed. but having stiffness characteristics that 2. Bend the knees of the ATD. b. Thoracic: The deflection of any of would create the worst case for injury 3. Separate the knees by about 4 the ES–2re ATD upper, middle, and (injuries due to both contact with the inches (100 mm). lower ribs must not exceed 1.73 inches item and lack of support from the item). 4. Set the ES–2re’s head at (44 mm). Data must be processed as c. If a seat is installed aft of structure approximately the midpoint of the defined in Federal Motor Vehicle Safety (e.g., an interior wall or furnishing) that available range of z-axis rotation (to Standards (FMVSS) 571.214. does not have a homogeneous surface align the head and torso midsagittal c. Abdominal: The sum of the contactable by the occupant, additional planes). measured ES–2re ATD front, middle, analysis and/or test(s) may be required 5. Position the ES–2re’s arms at the and rear abdominal forces must not to demonstrate that the injury criteria joint’s mechanical detent that puts them exceed 562 lbs (2,500 N). Data must be are met for the area which an occupant at approximately a 40 degree angle with processed as defined in FMVSS could contact. For example, different respect to the torso. Position the Hybrid- 571.214. yaw angles could result in different II ATD hands on top of its upper legs. d. Pelvic: The pubic symphysis force 6. Position the feet such that the injury considerations and may require measured by the ES–2re ATD must not centerlines of the lower legs are additional analysis or separate test(s) to exceed 1,350 lbs (6,000 N). Data must be approximately parallel to a lateral evaluate. processed as defined in FMVSS vertical plane (in the airplane d. To accommodate a range of 571.214. occupant heights (5th percentile female coordinate system). e. Leg: Axial rotation of the upper-leg to 95th percentile male), the surface of iii. ATD clothing: Clothe each ATD in (femur) must be limited to 35 degrees in items contactable by the occupant must form-fitting, mid-calf-length (minimum) be homogenous 7.3 inches (185 mm) pants and shoes (size 11E) weighing either direction from the nominal seated above and 7.9 inches (200 mm) below about 2.5 lb (1.1 kg) total. The color of position. The leg-flail-prevention the point (center of area) that is the clothing should be in contrast to the mechanism must: contacted by the 50th percentile male color of the restraint system. The ES–2re i. Be shown to function as intended in size ATD’s head during the longitudinal jacket is sufficient for torso clothing, consideration of post-structural test(s) conducted in accordance with although a form-fitting shirt may be deformation of the seat assembly. paragraphs a, b, and c, above. used in addition if desired. ii. Retract such that it does not Otherwise, additional head-injury iv. ES–2re ATD lateral impede rapid egress of occupants. criteria (HIC) assessment tests may be instrumentation: The rib-module linear f. Neck: As measured by the ES–2re necessary. Any surface (inflatable or slides are directional, i.e., deflection ATD and filtered at CFC 600 as defined otherwise) that provides support for the occurs in either a positive or negative in SAE J211: occupant of any seat place must provide ATD y-axis direction. The modules i. The upper-neck tension force at the that support in a consistent manner must be installed such that the moving occipital condyle (O.C.) location must regardless of occupant stature. For end of the rib module is toward the be less than 405 lbs (1,800 N).

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ii. The upper-neck compression force number of occupants of the seat from the effects of fire such that no at the O.C. location must be less than assembly, considering that unoccupied hazard to occupants will result. 405 lbs (1,800 N). seats may have an active airbag system 14. A means must be available for a iii. The upper-neck bending torque in the shoulder belt. crewmember to verify the integrity of about the ATD x-axis at the O.C. 5. The design must prevent the airbag the shoulder and leg-flail airbag system location must be less than 1,018 in-lbs system in the shoulder belt from being activation system prior to each flight, or (115 Nm). either incorrectly buckled or incorrectly it must be demonstrated to reliably iv. The upper-neck resultant shear installed, such that the airbag system in operate between inspection intervals. force at the O.C. location must be less the shoulder belt would not properly The FAA considers that the loss of the than 186 lbs (825 N). deploy. Alternatively, it must be shown airbag-system deployment function g. Occupant (ES–2re ATD) retention: that such deployment is not hazardous alone (i.e., independent of the The pelvic restraint must remain on the to the occupant, and will provide the conditional event that requires the ES–2re ATD’s pelvis during the impact required injury protection. airbag-system deployment) is a major- and rebound phases of the test. The 6. It must be shown that the shoulder failure condition. upper-torso restraint straps (if present) and leg-flail airbag system is not 15. The inflatable material may not must remain on the ATD’s shoulder susceptible to inadvertent deployment have an average burn rate of greater than during the impact. as a result of wear and tear, or inertial 2.5 inches/minute when tested using the h. Occupant (ES–2re ATD) support: loads resulting from in-flight or ground horizontal flammability test defined in i. Pelvis excursion: The load-bearing maneuvers (including gusts and hard part 25, appendix F, part I, paragraph portion of the bottom of the ATD pelvis landings), and other operating and (b)(5). must not translate beyond the edges of environmental conditions (vibrations, 16. The shoulder and leg-flail airbag its seat’s bottom seat-cushion moisture, etc.) likely to occur in service. system, once deployed, must not supporting structure. 7. Deployment of the shoulder and adversely affect the emergency-lighting ii. Upper-torso support: The lateral leg-flail airbag system must not system (i.e., block floor proximity lights flexion of the ATD torso must not introduce injury mechanisms to the to the extent that the lights no longer exceed 40 degrees from the normal seated occupant, or result in injuries meet their intended function). upright position during the impact. that could impede rapid egress. This 3. For seats with a shoulder and leg- assessment should include an occupant Issued in Des Moines, Washington, on flail airbag system, the shoulder and leg- whose belt is loosely fastened. April 23, 2019. flail airbag system must deploy and 8. It must be shown that inadvertent Victor Wicklund, provide protection under crash deployment of the shoulder and leg-flail Manager, Transport Standards Branch, Policy conditions where it is necessary to airbag system, during the most critical and Innovation Division, Aircraft prevent serious injury. The means of part of the flight, will either meet the Certification Service. protection must take into consideration requirement of § 25.1309(b) or not cause [FR Doc. 2019–08973 Filed 5–1–19; 8:45 am] a range of stature from a 2-year-old child a hazard to the airplane or its occupants. BILLING CODE 4910–13–P to a 95th percentile male. The airbag This also includes preventing systems in the shoulder belts must inadvertent airbag deployment from a provide a consistent approach to energy static discharge. DEPARTMENT OF TRANSPORTATION absorption throughout that range of 9. If the airbag system is connected to Federal Aviation Administration occupants. At some buttock popliteal the dynamic seat and must inflate length and effective seat-bottom depth, through 9g static structure, then the 14 CFR Part 39 the lower legs will not be able to form static structure must not fail in such a a 90-degree angle with the upper leg; at way that it could impede egress or [Docket No. FAA–2018–0792; Product this point, the lower-leg flail would not otherwise present a hazard to the Identifier 2018–NM–090–AD; Amendment occur. The leg-flail airbag system must occupants or to the airbag system. 39–19581; AD 2019–03–29] provide a consistent approach to 10. The shoulder and leg-flail airbag RIN 2120–AA64 prevention of leg flail throughout that system must be protected from lightning range of occupants whose lower legs can and high-intensity radiated fields Airworthiness Directives; Bombardier, form a 90-degree angle relative to the (HIRF). The threats to the airplane Inc., Airplanes upper legs when seated upright in the specified in existing regulations seat. Items that need to be considered regarding lighting, § 25.1316, and HIRF, AGENCY: Federal Aviation include, but are not limited to, the range § 25.1317, are incorporated by reference Administration (FAA), Department of of occupants’ popliteal height, the range for the purpose of measuring lightning Transportation (DOT). of occupants’ buttock popliteal length, and HIRF protection. ACTION: Final rule. the design of the seat effective height 11. The shoulder and leg-flail airbag above the floor, and the effective depth system must function properly after loss SUMMARY: We are adopting a new of the seat bottom cushion. When the of normal airplane electrical power, and airworthiness directive (AD) for certain seat system includes an airbag system, after a transverse separation of the Bombardier, Inc., Model BD–100–1A10 that system must be included in each of fuselage at the most critical location. A airplanes. This AD was prompted by an the certification tests as it would be separation at the location of the airbag incident of uncommanded nose wheel installed in the airplane. In addition, the system in the shoulder belt does not steering (NWS) in-service; subsequent following situations must be considered: have to be considered. investigation revealed that the steering a. The seat occupant is holding an 12. It must be shown that the shoulder selector valve (SSV) is susceptible to infant. and leg-flail airbag system will not jamming in the open position due to b. The seat occupant is a pregnant release hazardous quantities of gas, particulate contamination of the woman. sharp injurious metal fragments, or hydraulic system. This AD requires 4. The airbag system in the shoulder particulate matter into the cabin. modifying the left-hand hydraulic belt must provide adequate protection 13. The shoulder and leg-flail airbag system of the NWS control system and, for each occupant regardless of the system installation must be protected for certain airplanes, torqueing the

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fittings on a certain tube assembly. We contamination of the hydraulic system. Request To Update Contact Information are issuing this AD to address the unsafe The NPRM proposed to require condition on these products. modifying the left-hand hydraulic Bombardier requested that we update their contact information in the DATES: This AD is effective June 6, 2019. system of the NWS control system and, The Director of the Federal Register for certain airplanes, torqueing the ADDRESSES and Related Information approved the incorporation by reference fittings on a certain tube assembly. sections of the proposed AD. of certain publications listed in this AD We are issuing this AD to address Bombardier noted that their email and as of June 6, 2019. jamming of the SSV after independent street addresses changed recently and updating them in our final rule would ADDRESSES: For service information failure of a second component of the identified in this final rule, contact NWS control system, which could result allow operators to contact Bombardier Bombardier, Inc., 200 Coˆte-Vertu Road in uncommanded NWS and a possible with questions. West, Dorval, Que´bec H4S 2A3, Canada; runway excursion. We agree with the commenter’s North America toll-free telephone 1– Transport Canada Civil Aviation request for the reasons stated. We have 866–538–1247 or direct-dial telephone (TCCA), which is the aviation authority updated the contact information for 1–514–855–2999; email ac.yul@ for Canada, has issued Canadian AD Bombardier in the ADDRESSES section aero.bombardier.com; internet http:// CF–2018–11, dated April 5, 2018 and paragraph (k)(3) of this AD. www.bombardier.com. You may view (referred to after this as the Mandatory Request To Provide an Exception to this service information at the FAA, Continuing Airworthiness Information, Certain Actions Transport Standards Branch, 2200 or ‘‘the MCAI’’), to correct an unsafe condition for certain Bombardier, Inc., South 216th St., Des Moines, WA. For NetJets requested that we provide an information on the availability of this Model BD–100–1A10 airplanes. The MCAI states: exception to paragraph (g) of the material at the FAA, call 206–231–3195. proposed AD for airplanes having serial It is also available on the internet at An incident of uncommanded nose wheel numbers 20720 and 20722. NetJets http://www.regulations.gov by searching steering occurred in-service. Subsequent investigation revealed that the steering noted that the actions specified in for and locating Docket No. FAA–2018– Bombardier Service Bulletin 350–32– 0792. selector valve (SSV) was vulnerable to jamming in the open position due to 007 were incorporated in accordance Examining the AD Docket particulate contamination of the hydraulic with Bombardier Service Bulletin 350– system. If not corrected, a jam of the SSV, 32–007 on those airplanes during You may examine the AD docket on following the independent failure of a second production. NetJets added that the the internet at http:// component of the nose wheel steering actions required by paragraph (h) of the www.regulations.gov by searching for system, could result in uncommanded nose proposed AD would still apply to those and locating Docket No. FAA–2018– wheel steering and a risk of runway airplanes. 0792; or in person at Docket Operations excursion. between 9 a.m. and 5 p.m., Monday This [Canadian] AD requires the We agree to clarify. Paragraph (g) of through Friday, except Federal holidays. incorporation of a hydraulic fluid filter in the this AD only applies to airplanes not The AD docket contains this final rule, line supplying pressure from the direct identified in paragraph (h) of this AD. the regulatory evaluation, any current motor pump to the nose wheel Any airplane that has incorporated steering system [and, for certain airplanes, Bombardier Service Bulletin 350–32– comments received, and other torqueing the fittings on a certain tube information. The address for Docket assembly]. 007 dated January 4, 2018; Revision 01, Operations (phone: 800–647–5527) is dated January 23, 2018; or Revision 02, U.S. Department of Transportation, You may examine the MCAI in the dated March 14, 2018, as of the effective Docket Operations, M–30, West AD docket on the internet at http:// date of this AD must complete the Building Ground Floor, Room W12–140, www.regulations.gov by searching for actions required by paragraph (h) in this 1200 New Jersey Avenue SE, and locating Docket No. FAA–2018– AD, but does not have to complete the Washington, DC 20590. 0792. actions specified in paragraph (g) of this FOR FURTHER INFORMATION CONTACT: Comments AD. Therefore, this AD has not been changed with regard to this request. Darren Gassetto, Aerospace Engineer, We gave the public the opportunity to Mechanical Systems and Administrative participate in developing this final rule. Conclusion Services Section, FAA, New York ACO The following presents the comments Branch, 1600 Stewart Avenue, Suite received on the NPRM and the FAA’s We reviewed the relevant data, 410, Westbury, NY 11590; telephone response to each comment. considered the comments received, and 516–228–7323; fax 516 794 5531; email determined that air safety and the [email protected]. Request To Correct a Date for Receipt public interest require adopting this SUPPLEMENTARY INFORMATION: of Comments final rule with the change described Bombardier requested that we correct previously and minor editorial changes. Discussion a typographical error in the DATES We have determined that these minor We issued a notice of proposed section of the proposed AD. The changes: rulemaking (NPRM) to amend 14 CFR proposed AD stated ‘‘We must receive • Are consistent with the intent that part 39 by adding an AD that would comments on this proposed AD by was proposed in the NPRM for apply to certain Bombardier, Inc., Model November 1, 20181.’’ Bombardier noted addressing the unsafe condition; and BD–100–1A10 airplanes. The NPRM that the sentence should state ‘‘We must • published in the Federal Register on receive comments on this proposed AD Do not add any additional burden September 17, 2018 (83 FR 46895). The by November 1, 2018.’’ upon the public than was already NPRM was prompted by an incident of We acknowledge this typographical proposed in the NPRM. uncommanded NWS in-service; error. However, the section containing We also determined that these subsequent investigation revealed that this statement does not get carried over changes will not increase the economic the SSV is susceptible to jamming in the to this final rule. Therefore, we have not burden on any operator or increase the open position due to particulate changed this AD regarding this issue. scope of this final rule.

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Related Service Information Under 1 system by installing a hydraulic filter have access to it through their normal CFR Part 51 into the hydraulic line between the course of business or by the means direct current motor pump and the SSV identified in the ADDRESSES section. Bombardier has issued Service and, for certain airplanes, torqueing the Bulletin 100–32–31, Revision 03; and fittings on a certain tube assembly. Costs of Compliance Service Bulletin 350–32–007, Revision These documents are distinct since they We estimate that this AD affects 534 03; both dated March 27, 2018. This apply to different airplane airplanes of U.S. registry. We estimate service information describes configurations. procedures for modifying the left-hand This service information is reasonably the following costs to comply with this hydraulic system of the NWS control available because the interested parties AD:

ESTIMATED COSTS

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

25 work-hours × $85 per hour = $2,125 ...... $13,196 $15,321 $8,181,414

According to the manufacturer, some Regulatory Findings 2019–03–29 Bombardier, Inc.: Amendment or all of the costs of this AD may be 39–19581; Docket No. FAA–2018–0792; This AD will not have federalism covered under warranty, thereby Product Identifier 2018–NM–090–AD. implications under Executive Order reducing the cost impact on affected (a) Effective Date 13132. This AD will not have a individuals. We do not control warranty substantial direct effect on the States, on This AD is effective June 6, 2019. coverage for affected individuals. As a the relationship between the national (b) Affected ADs result, we have included all known government and the States, or on the None. costs in our cost estimate. distribution of power and (c) Applicability Authority for This Rulemaking responsibilities among the various levels of government. This AD applies to Bombardier, Inc., Title 49 of the United States Code Model BD–100–1A10 airplanes, certificated For the reasons discussed above, I in any category, serial numbers 20002 specifies the FAA’s authority to issue certify that this AD: through 20744 inclusive. rules on aviation safety. Subtitle I, (1) Is not a ‘‘significant regulatory (d) Subject section 106, describes the authority of action’’ under Executive Order 12866, the FAA Administrator. Subtitle VII: Air Transport Association (ATA) of (2) Is not a ‘‘significant rule’’ under America Code 32, Landing Gear. Aviation Programs, describes in more the DOT Regulatory Policies and detail the scope of the Agency’s Procedures (44 FR 11034, February 26, (e) Reason authority. 1979), This AD was prompted by an incident of We are issuing this rulemaking under (3) Will not affect intrastate aviation uncommanded nose wheel steering (NWS) in-service; subsequent investigation revealed the authority described in Subtitle VII, in Alaska, and that the steering selector valve (SSV) is Part A, Subpart III, Section 44701: (4) Will not have a significant susceptible to jamming in the open position ‘‘General requirements.’’ Under that economic impact, positive or negative, due to particulate contamination of the section, Congress charges the FAA with on a substantial number of small entities hydraulic system. We are issuing this AD to promoting safe flight of civil aircraft in under the criteria of the Regulatory address jamming of the SSV after air commerce by prescribing regulations Flexibility Act. independent failure of a second component of the NWS control system, which could for practices, methods, and procedures List of Subjects in 14 CFR Part 39 result in uncommanded NWS and a possible the Administrator finds necessary for runway excursion. safety in air commerce. This regulation Air transportation, Aircraft, Aviation (f) Compliance is within the scope of that authority safety, Incorporation by reference, because it addresses an unsafe condition Safety. Comply with this AD within the compliance times specified, unless already that is likely to exist or develop on Adoption of the Amendment done. products identified in this rulemaking action. Accordingly, under the authority (g) Modify Hydraulic System delegated to me by the Administrator, This AD is issued in accordance with Except for airplanes identified in the FAA amends 14 CFR part 39 as paragraph (h) of this AD: Within 2,000 flight authority delegated by the Executive follows: cycles or 60 months after the effective date Director, Aircraft Certification Service, of this AD, whichever occurs first, modify the as authorized by FAA Order 8000.51C. PART 39—AIRWORTHINESS left-hand hydraulic system of the NWS In accordance with that order, issuance DIRECTIVES control system by installing a hydraulic filter of ADs is normally a function of the into the hydraulic line between the direct Compliance and Airworthiness ■ current motor pump and the SSV, in 1. The authority citation for part 39 accordance with the Accomplishment Division, but during this transition continues to read as follows: Instructions of Bombardier Service Bulletin period, the Executive Director has Authority: 49 U.S.C. 106(g), 40113, 44701. 100–32–31, Revision 03; or Bombardier delegated the authority to issue ADs Service Bulletin 350–32–007, Revision 03; applicable to transport category § 39.13 [Amended] both dated March 27, 2018; as applicable. airplanes and associated appliances to ■ 2. The FAA amends § 39.13 by adding (h) Additional Action for Certain Airplanes the Director of the System Oversight the following new airworthiness For airplanes that have incorporated Division. directive (AD): Bombardier Service Bulletin 100–32–31,

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dated January 4, 2018; Bombardier Service paragraph under 5 U.S.C. 552(a) and 1 CFR this AD to address the unsafe condition Bulletin 100–32–31, Revision 01, dated part 51. on these products. January 23, 2018; Bombardier Service (2) You must use this service information DATES: This AD is effective June 6, 2019. as applicable to do the actions required by Bulletin 100–32–31, Revision 02, dated The Director of the Federal Register March 14, 2018; Bombardier Service Bulletin this AD, unless this AD specifies otherwise. 350–32–007, dated January 4, 2018; (i) Bombardier Service Bulletin 100–32–31, approved the incorporation by reference Bombardier Service Bulletin 350–32–007, Revision 03, dated March 27, 2018. of certain publications listed in this AD Revision 01, dated January 23, 2018; or (ii) Bombardier Service Bulletin 350–32– as of June 6, 2019. Bombardier Service Bulletin 350–32–007, 007, Revision 03, dated March 27, 2018. ADDRESSES: For service information Revision 02, dated March 14, 2018; as (3) For service information identified in identified in this final rule, contact applicable, as of the effective date of this AD: this AD, contact Bombardier, Inc., 200 Coˆte- Boeing Commercial Airplanes, ´ Within 50 flight hours after the effective date Vertu Road West, Dorval, Quebec H4S 2A3, Attention: Contractual & Data Services Canada; North America toll-free telephone 1– of this AD, torque the fittings on any tube (C&DS), 2600 Westminster Blvd., MC assembly having part number K1000070395– 866–538–1247 or direct-dial telephone 1– 401, in accordance with the ‘‘Retroactive 514–855–2999; email ac.yul@ 110–SK57, Seal Beach, CA 90740–5600; Action’’ instructions of Bombardier Service aero.bombardier.com; internet http:// telephone 562–797–1717; internet Bulletin 100–32–31, Revision 03, or www.bombardier.com. https://www.myboeingfleet.com. You Bombardier Service Bulletin 350–32–007, (4) You may view this service information may view this service information at the Revision 03, both dated March 27, 2018, as at the FAA, Transport Standards Branch, FAA, Transport Standards Branch, 2200 applicable. 2200 South 216th St., Des Moines, WA. For South 216th St., Des Moines, WA. For information on the availability of this (i) Other FAA AD Provisions information on the availability of this material at the FAA, call 206–231–3195. material at the FAA, call 206–231–3195. The following provisions also apply to this (5) You may view this service information AD: that is incorporated by reference at the It is also available on the internet at (1) Alternative Methods of Compliance National Archives and Records http://www.regulations.gov by searching (AMOCs): The Manager, New York ACO Administration (NARA). For information on for and locating Docket No. FAA–2018– Branch, FAA, has the authority to approve the availability of this material at NARA, call 0763. AMOCs for this AD, if requested using the 202–741–6030, or go to: http:// procedures found in 14 CFR 39.19. In www.archives.gov/federal-register/cfr/ibr- Examining the AD Docket accordance with 14 CFR 39.19, send your locations.html. You may examine the AD docket on request to your principal inspector or local Issued in Des Moines, Washington, on the internet at http:// Flight Standards District Office, as February 22, 2019. www.regulations.gov by searching for appropriate. If sending information directly Michael Kaszycki, and locating Docket No. FAA–2018– to the manager of the certification office, 0763; or in person at Docket Operations send it to ATTN: Program Manager, Acting Director, System Oversight Division, Continuing Operational Safety, FAA, New Aircraft Certification Service. between 9 a.m. and 5 p.m., Monday York ACO Branch, 1600 Stewart Avenue, [FR Doc. 2019–08915 Filed 5–1–19; 8:45 am] through Friday, except Federal holidays. The AD docket contains this final rule, Suite 410, Westbury, NY 11590; telephone BILLING CODE 4910–13–P 516–228–7300; fax 516–794–5531. Before the regulatory evaluation, any using any approved AMOC, notify your comments received, and other appropriate principal inspector, or lacking a DEPARTMENT OF TRANSPORTATION information. The address for Docket principal inspector, the manager of the local Operations (phone: 800–647–5527) is flight standards district office/certificate Federal Aviation Administration U.S. Department of Transportation, holding district office. Docket Operations, M–30, West (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective 14 CFR Part 39 Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, actions from a manufacturer, the action must [Docket No. FAA–2018–0763; Product be accomplished using a method approved Identifier 2018–NM–052–AD; Amendment Washington, DC 20590. by the Manager, New York ACO Branch, 39–19626; AD 2019–08–05] FOR FURTHER INFORMATION CONTACT: FAA; or Transport Canada Civil Aviation Kelly McGuckin, Aerospace Engineer, (TCCA); or Bombardier, Inc.’s TCCA Design RIN 2120–AA64 Systems and Equipment Section, FAA, Approval Organization (DAO). If approved by Seattle ACO Branch, 2200 South 216th the DAO, the approval must include the Airworthiness Directives; The Boeing Street, Des Moines, WA 98198; phone DAO-authorized signature. Company Airplanes and fax: 206–231–3546; email: (j) Related Information AGENCY: Federal Aviation [email protected]. (1) Refer to Mandatory Continuing Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: Airworthiness Information (MCAI) Canadian ACTION: Final rule. AD CF–2018–11, dated April 5, 2018, for Discussion related information. This MCAI may be SUMMARY: We are adopting a new We issued a notice of proposed found in the AD docket on the internet at airworthiness directive (AD) for certain rulemaking (NPRM) to amend 14 CFR http://www.regulations.gov by searching for and locating Docket No. FAA–2018–0792. The Boeing Company Model 787–8 and part 39 by adding an AD that would (2) For more information about this AD, 787–9 airplanes. This AD was prompted apply to certain The Boeing Company contact Darren Gassetto, Aerospace Engineer, by a determination that certain areas in Model 787–8 and 787–9 airplanes. The Mechanical Systems and Administrative the tire/wheel threat zones could be NPRM published in the Federal Services Section, FAA, New York ACO susceptible to damage, which could Register on August 31, 2018 (83 FR Branch, 1600 Stewart Avenue, Suite 410, result in loss of braking on one main 44508). The NPRM was prompted by a Westbury, NY 11590; telephone 516–228– landing gear (MLG) truck, loss of nose determination that certain areas in the 7323; fax 516–794–5531; email 9-avs-nyaco- wheel steering, and loss of directional tire/wheel threat zones could be [email protected]. control on the ground when below susceptible to damage, which could (k) Material Incorporated by Reference rudder effectiveness speed. This AD result in loss of braking on one MLG (1) The Director of the Federal Register requires installing hydraulic tubing, a truck, loss of nose wheel steering, and approved the incorporation by reference pressure-operated check valve, and new loss of directional control on the ground (IBR) of the service information listed in this flight control software. We are issuing when below rudder effectiveness speed.

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The NPRM proposed to require the actions specified in Issue 001 have Information Notice B787–A–27–00– installing hydraulic tubing, a pressure- been done. 0039–01A–931E–D, Issue 001, dated operated check valve, and new flight Therefore, we revised the ‘‘Related September 7, 2017. control software. Service Information under 1 CFR part Change to Paragraph (g)(2) of This AD We are issuing this AD to address 51’’ paragraph of this final rule, and damage from a MLG thrown tire tread or paragraphs (c)(1) and (g)(1) of this AD, Paragraph (g)(2) of the proposed AD tire burst event, which could result in to refer to Boeing Alert Service Bulletin specifies to install new software as loss of directional control on the ground B787–81205–SB290032–00 Issue 002, specified in Boeing Alert Service and consequent runway excursion. dated February 1, 2019. We also provide Bulletin B787–81205–SB270039–00, credit in this AD for using Boeing Alert Comments Issue 002, dated March 8, 2018, for Service Bulletin B787–81205– certain Model 787–9 airplanes. In We gave the public the opportunity to SB290032–00, Issue 001, dated addition to the software identified in participate in developing this final rule. November 17, 2017; and for using Boeing Alert Service Bulletin B787– The following presents the comments Boeing Alert Service Bulletin B787– 81205–SB270039–00, Issue 002, dated received on the NPRM and the FAA’s 81205–SB290032–00, Issue 001, dated March 8, 2018, we have determined that response to each comment. November 17, 2017, in conjunction with later-approved software versions are Boeing Information Notice B787–A–29– acceptable for compliance, provided Support for the NPRM 00–0032–01A–931E–D, Issue 001, dated those later-approved versions meet June 12, 2018. The Air Line Pilots Association, certain conditions. We have revised International (ALPA) stated it agrees Request To Address Service paragraph (g)(2) of this AD to allow with the intent of the NPRM. Boeing Information Errors later-approved software versions. stated it concurs with the contents of Japan Airlines requested that we refer the NPRM. Conclusion to a revised service bulletin to address Request To Include Service Information two errors found in Boeing Alert Service We reviewed the relevant data, Notice in Paragraph (g)(1) of the Bulletin B787–81205–SB290033–00, considered the comments received, and Proposed AD Issue 001, dated November 17, 2017. determined that air safety and the Japan Airlines stated that there are public interest require adopting this American Airlines asked that Boeing incorrect part numbers in multiple final rule with the changes described Information Notice B787–A–29–00– locations in Figure 10 and Figure 11. previously and minor editorial changes. 0032–01A–931E–D, Issue 001, dated Japan Airlines stated it contacted Boeing We have determined that these minor June 12, 2018, be added to paragraph to correct the errors, and Boeing stated changes: (g)(1) of the proposed AD as an that a revision was in work. • additional source of service information Are consistent with the intent that We agree we should address the errors was proposed in the NPRM for for accomplishing the required actions. identified by the commenter in this AD. American Airlines stated that the addressing the unsafe condition; and We have confirmed the errors with • information notice contains corrections Boeing; however, Boeing has not yet Do not add any additional burden to Boeing Alert Service Bulletin B787– issued revised service information. We upon the public than was already 81205–SB290032–00, Issue 001, dated have included the corrections to the proposed in the NPRM. November 17, 2017, including to the service information, including the part We also determined that these aircraft configuration and number corrections identified by the changes will not increase the economic accomplishment instructions. American commenter, as exceptions in this AD. burden on any operator or increase the Airlines added that, as written, the scope of this final rule. proposed AD would require an Request To Include Credit for Service alternative method of compliance for Information Notice for Paragraph (g)(2) Related Service Information Under 1 operators to accomplish the of the Proposed AD CFR Part 51 modification following the instructions United Airlines asked that Boeing We reviewed Boeing Alert Service in this service information. Information Notice B787–A–27–00– Bulletins B787–81205–SB290032–00, We agree to address the corrections in 0039–01A–931E–D, Issue 001, dated Issue 002, dated February 1, 2019, and Boeing Information Notice B787–A–29– September 7, 2017, be approved as an B787–81205–SB290033–00, Issue 001, 00–0032–01A–931E–D, Issue 001, dated additional source of service information dated November 17, 2017. This service June 12, 2018, in this AD. Boeing has for accomplishing the required actions information describes procedures for issued Boeing Alert Service Bulletin (in paragraph (g)(2) of the proposed AD). installing hydraulic tubing and B787–81205–SB290032–00, Issue 002, United Airlines stated that the installing a pressure-operated check dated February 1, 2019, which includes information notice contains corrections valve. These documents are distinct the corrections and clarifications to Boeing Alert Service Bulletin B787– since they apply to different airplane specified in Boeing Information Notice 81205–SB270039–00, Issue 001, dated models. B787–A–29–00–0032–01A–931E–D, July 31, 2017, but noted the required Issue 001, dated June 12, 2018. We have software part numbers did not change. We also reviewed Boeing Alert determined these corrections and We agree with the commenter since Service Bulletin B787–81205– clarifications to the service information the information notice provides the SB270039–00, Issue 002, dated March 8, do not change the substantive correct software location identification 2018. This service information describes requirements of this AD but rather make for a couple of steps and refers to an procedures for installing new flight the requirements more accurate and alternative method of compliance to a control software. understandable. We have further different AD. We have provided credit This service information is reasonably determined that Issue 002 of Boeing in this AD for using Boeing Alert available because the interested parties Alert Service Bulletin B787–81205– Service Bulletin B787–81205– have access to it through their normal SB290032–00 does not require SB270039–00, Issue 001, dated July 31, course of business or by the means additional work for airplanes on which 2017, in conjunction with Boeing identified in the ADDRESSES section.

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Costs of Compliance the following costs to comply with this We estimate that this AD affects 87 AD: airplanes of U.S. registry. We estimate

ESTIMATED COSTS FOR REQUIRED ACTIONS

Number of Action Labor cost Parts cost Cost per affected Cost on U.S. product airplanes operators

Tubing and Pressure-operated Check Valve in- 37 work-hours × $85 $55,940 $59,085 7 $413,595 stallation for Model 787–8 airplanes (Groups 1 per hour = $3,145. and 3). Tubing and Pressure-operated Check Valve in- 36 work-hours × $85 55,940 59,000 0 0 stallation for Model 787–8 airplanes (Group 2). per hour = $3,060. Tubing and Pressure-operated Check Valve in- 33 work-hours × $85 55,940 58,745 47 2,761,015 stallation for Model 787–8 airplanes (Groups 4 per hour = $2,805. through 6). Tubing and Pressure-operated Check Valve in- 36 work-hours × $85 55,940 59,000 33 1,947,000 stallation for Model 787–9 airplanes (Groups 1 per hour = $3,060. through 4). Software installation for Model 787–9 airplanes .. 2 work-hours × $85 per 0 170 33 5,610 hour = $170.

Authority for This Rulemaking government and the States, or on the (a) Effective Date Title 49 of the United States Code distribution of power and This AD is effective June 6, 2019. responsibilities among the various specifies the FAA’s authority to issue (b) Affected ADs levels of government. rules on aviation safety. Subtitle I, None. section 106, describes the authority of For the reasons discussed above, I the FAA Administrator. Subtitle VII: certify that this AD: (c) Applicability Aviation Programs, describes in more (1) Is not a ‘‘significant regulatory This AD applies to The Boeing Company detail the scope of the Agency’s action’’ under Executive Order 12866, airplanes, certificated in any category, as authority. (2) Is not a ‘‘significant rule’’ under identified in paragraphs (c)(1) and (c)(2) of We are issuing this rulemaking under DOT Regulatory Policies and Procedures this AD. the authority described in Subtitle VII, (44 FR 11034, February 26, 1979), (1) Model 787–8 airplanes identified in Part A, Subpart III, Section 44701: (3) Will not affect intrastate aviation Boeing Alert Service Bulletin B787–81205– ‘‘General requirements.’’ Under that in Alaska, and SB290032–00, Issue 002, dated February 1, (4) Will not have a significant 2019. section, Congress charges the FAA with (2) Model 787–9 airplanes identified in promoting safe flight of civil aircraft in economic impact, positive or negative, Boeing Alert Service Bulletin B787–81205– air commerce by prescribing regulations on a substantial number of small entities SB290033–00, Issue 001, dated November 17, for practices, methods, and procedures under the criteria of the Regulatory 2017. the Administrator finds necessary for Flexibility Act. (d) Subject safety in air commerce. This regulation List of Subjects in 14 CFR Part 39 is within the scope of that authority Air Transport Association (ATA) of because it addresses an unsafe condition Air transportation, Aircraft, Aviation America Code 29, Hydraulic Power. that is likely to exist or develop on safety, Incorporation by reference, (e) Unsafe Condition products identified in this rulemaking Safety. This AD was prompted by a determination action. Adoption of the Amendment that certain areas in the tire/wheel threat This AD is issued in accordance with zones could be susceptible to damage, which authority delegated by the Executive Accordingly, under the authority could result in loss of braking on one main Director, Aircraft Certification Service, delegated to me by the Administrator, landing gear (MLG) truck, loss of nose wheel as authorized by FAA Order 8000.51C. the FAA amends 14 CFR part 39 as steering, and loss of directional control on In accordance with that order, issuance follows: the ground when below rudder effectiveness of ADs is normally a function of the speed. We are issuing this AD to address Compliance and Airworthiness PART 39—AIRWORTHINESS damage from a MLG thrown tire tread or tire DIRECTIVES burst event, which could result in loss of Division, but during this transition directional control on the ground and period, the Executive Director has ■ 1. The authority citation for part 39 consequent runway excursion. delegated the authority to issue ADs continues to read as follows: applicable to transport category (f) Compliance airplanes and associated appliances to Authority: 49 U.S.C. 106(g), 40113, 44701. Comply with this AD within the compliance times specified, unless already the Director of the System Oversight § 39.13 [Amended] Division. done. ■ 2. The FAA amends § 39.13 by adding (g) Required Actions Regulatory Findings the following new airworthiness (1) At the applicable time specified in This AD will not have federalism directive (AD): paragraph 5., ‘‘Compliance,’’ of Boeing Alert implications under Executive Order 2019–08–05 The Boeing Company: Service Bulletin B787–81205–SB290032–00, 13132. This AD will not have a Amendment 39–19626; Docket No. Issue 002, dated February 1, 2019 (for Model substantial direct effect on the States, on FAA–2018–0763; Product Identifier 787–8 airplanes); or Boeing Alert Service the relationship between the national 2018–NM–052–AD. Bulletin B787–81205–SB290033–00, Issue

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001, dated November 17, 2017 (for Model Alert Service Bulletin B787–81205– of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD 787–9 airplanes); except as specified in SB290033–00, Issue 001, dated November 17, apply. paragraph (h)(1) of this AD: Do all applicable 2017, identifies the part as ‘‘658Z1593–48,’’ (i) The steps labeled as RC, including actions identified as ‘‘RC’’ (required for use part ‘‘BACC10MU06100000EP1.’’ substeps under an RC step and any figures compliance) in, and in accordance with, the (8) Where step 12 in Table 1 of Task 13 of identified in an RC step, must be done to Accomplishment Instructions of Boeing Alert the Accomplishment Instructions of Boeing comply with the AD. If a step or substep is Service Bulletin B787–81205–SB290032–00, Alert Service Bulletin B787–81205– Issue 002, dated February 1, 2019; or Boeing SB290033–00, Issue 001, dated November 17, labeled ‘‘RC Exempt,’’ then the RC Alert Service Bulletin B787–81205– 2017, identifies the part as requirement is removed from that step or SB290033–00, Issue 001, dated November 17, ‘‘BACS47H3370G200K,’’ use part substep. An AMOC is required for any 2017, as applicable; except as specified in ‘‘BACS47H2370G200K.’’ deviations to RC steps, including substeps paragraphs (h)(2) through (h)(8) of this AD. and identified figures. (i) Credit for Previous Actions (2) For Model 787–9 airplanes: Prior to or (ii) Steps not labeled as RC may be concurrently with accomplishing the actions (1) This paragraph provides credit for the deviated from using accepted methods in required by paragraph (g)(1) of this AD, do actions specified in paragraph (g)(1) of this accordance with the operator’s maintenance AD, if those actions were performed before all applicable actions (including software or inspection program without obtaining installation) identified as RC in and, in the effective date of this AD using Boeing approval of an AMOC, provided the RC steps, accordance with the Accomplishment Alert Service Bulletin B787–81205– Instructions of Boeing Alert Service Bulletin SB290032–00, Issue 001, dated November 17, including substeps and identified figures, can B787–81205–SB270039–00, Issue 002, dated 2017. still be done as specified, and the airplane March 8, 2018; except where Boeing Alert (2) This paragraph provides credit for the can be put back in an airworthy condition. actions specified in paragraph (g)(1) of this Service Bulletin B787–81205–SB270039–00, (k) Related Information Issue 002, dated March 8, 2018, specifies AD, if those actions were performed before installing required software, this AD requires the effective date of this AD using Boeing (1) For more information about this AD, installing that software or later-approved Alert Service Bulletin B787–81205– contact Kelly McGuckin, Aerospace software versions. Later-approved software SB290032–00, Issue 001, dated November 17, Engineer, Systems and Equipment Section, versions are only those Boeing software 2017, in conjunction with Boeing FAA, Seattle ACO Branch, 2200 South 216th versions that are approved as a replacement Information Notice B787–A–29–00–0032– St., Des Moines, WA 98198; phone and fax: for the applicable software, and are approved 01A–931E–D, Issue 001, dated June 12, 2018. 206–231–3546; email: Kelly.McGuckin@ as part of the type design by the FAA or the (3) This paragraph provides credit for the faa.gov. Boeing Commercial Airplanes Organization actions specified in paragraph (g)(2) of this (2) Service information identified in this Designation Authorization (ODA) after AD, if those actions were performed before issuance of Boeing Alert Service Bulletin the effective date of this AD using Boeing AD that is not incorporated by reference is B787–81205–SB270039–00, Issue 002, dated Alert Service Bulletin B787–81205– available at the addresses specified in March 8, 2018. SB270039–00, Issue 001, dated July 31, 2017. paragraphs (l)(3) and (l)(4) of this AD. (4) This paragraph provides credit for the (l) Material Incorporated by Reference (h) Exceptions to Service Information actions specified in paragraph (g)(2) of this (1) For purposes of determining AD, if those actions were performed before (1) The Director of the Federal Register compliance with the requirements of this AD: the effective date of this AD using Boeing approved the incorporation by reference Where the service information identified in Alert Service Bulletin B787–81205– (IBR) of the service information listed in this paragraph (g)(1) of this AD uses the phrase SB270039–00, Issue 001, dated July 31, 2017, paragraph under 5 U.S.C. 552(a) and 1 CFR ‘‘the Issue 001 date on [/of] this service in conjunction with Boeing Information part 51. bulletin’’ this AD requires using ‘‘the Notice B787–A–27–00–0039–01A–931E–D, (2) You must use this service information effective date of this AD.’’ Issue 001, dated September 7, 2017. as applicable to do the actions required by (2) Where step 8 in Table 1 of Task 12 of the Accomplishment Instructions of Boeing (j) Alternative Methods of Compliance this AD, unless the AD specifies otherwise. Alert Service Bulletin B787–81205– (AMOCs) (i) Boeing Alert Service Bulletin B787– SB290033–00, Issue 001, dated November 17, (1) The Manager, Seattle ACO Branch, 81205–SB270039–00, Issue 002, dated March 2017, identifies the part as ‘‘652Z1591–95,’’ FAA, has the authority to approve AMOCs 8, 2018. use part ‘‘652Z1591–764.’’ for this AD, if requested using the procedures (ii) Boeing Alert Service Bulletin B787– (3) Where step 10 in Table 1 of Task 12 of found in 14 CFR 39.19. In accordance with 81205–SB290032–00, Issue 002, dated the Accomplishment Instructions of Boeing 14 CFR 39.19, send your request to your February 1, 2019. Alert Service Bulletin B787–81205– principal inspector or local Flight Standards (iii) Boeing Alert Service Bulletin B787– SB290033–00, Issue 001, dated November 17, District Office, as appropriate. If sending 81205–SB290033–00, Issue 001, dated 2017, identifies the part as ‘‘652Z1591–94,’’ information directly to the manager of the November 17, 2017. use part ‘‘652Z1591–95.’’ certification office, send it to the attention of (3) For service information identified in (4) Where step 11 in Table 1 of Task 12 of the person identified in paragraph (k)(1) of this AD, contact Boeing Commercial the Accomplishment Instructions of Boeing this AD. Information may be emailed to: 9- Alert Service Bulletin B787–81205– [email protected]. Airplanes, Attention: Contractual & Data SB290033–00, Issue 001, dated November 17, (2) Before using any approved AMOC, Services (C&DS), 2600 Westminster Blvd., 2017, identifies the part as ‘‘652Z1591–764,’’ notify your appropriate principal inspector, MC 110–SK57, Seal Beach, CA 90740–5600; use part ‘‘652Z1591–94.’’ or lacking a principal inspector, the manager telephone 562–797–1717; internet https:// (5) Where step 12 in Table 1 of Task 12 of of the local flight standards district office/ www.myboeingfleet.com. the Accomplishment Instructions of Boeing certificate holding district office. (4) You may view this service information Alert Service Bulletin B787–81205– (3) An AMOC that provides an acceptable at the FAA, Transport Standards Branch, SB290033–00, Issue 001, dated November 17, level of safety may be used for any repair, 2200 South 216th St., Des Moines, WA. For 2017, identifies the part as ‘‘658Z1593–48,’’ modification, or alteration required by this information on the availability of this use part ‘‘BACC10MU06100000EP1.’’ AD if it is approved by the Boeing material at the FAA, call 206–231–3195. (6) Where step 12 in Table 1 of Task 12 of Commercial Airplanes ODA that has been (5) You may view this service information the Accomplishment Instructions of Boeing authorized by the Manager, Seattle ACO that is incorporated by reference at the Alert Service Bulletin B787–81205– Branch, FAA, to make those findings. To be SB290033–00, Issue 001, dated November 17, approved, the repair method, modification National Archives and Records 2017, identifies the part as deviation, or alteration deviation must meet Administration (NARA). For information on ‘‘BACS47H3370G200K,’’ use part the certification basis of the airplane, and the the availability of this material at NARA, call ‘‘BACS47H2370G200K.’’ approval must specifically refer to this AD. 202–741–6030, or go to: http:// (7) Where step 12 in Table 1 of Task 13 of (4) For service information that contains www.archives.gov/federal-register/cfr/ibr- the Accomplishment Instructions of Boeing steps that are labeled as RC, the provisions locations.html.

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Issued in Des Moines, Washington, on determined to retain the Rule without addressed the issue agreed that the April 17, 2019. modification. Commission should retain the Rule, Michael Kaszycki, although some suggested modifying or Background Acting Director, System Oversight Division, clarifying the Rule. Aircraft Certification Service. On November 14, 1975, the The Commission discusses the [FR Doc. 2019–08916 Filed 5–1–19; 8:45 am] Commission promulgated its Trade comments in three sections. In Section BILLING CODE 4910–13–P Regulation Rule Concerning the A, the Commission discusses the Preservation of Consumers’ Claims and comments that support retaining the Defenses. The Holder Rule protects Rule. Section B discusses the comments consumers who enter into credit FEDERAL TRADE COMMISSION concerning affirmative recoveries and contracts with a seller of goods or the Commission’s 2012 advisory 16 CFR Part 433 services by preserving their right to opinion on that topic. In Section C, the assert claims and defenses against any Commission analyzes the comments RIN 3084–AB16 holder of the contract, even if the seller that propose modifications to the Rule.5 subsequently assigns the contract or The Commission has analyzed the Trade Regulation Rule Concerning works with a third-party creditor who proposed benefits to consumers of Preservation of Consumers’ Claims finances the sale. It requires sellers that proposed changes to the Rule’s and Defenses arrange for or offer credit to finance coverage, including any evidence consumers’ purchases to include the AGENCY: Federal Trade Commission. provided of those benefits, and balanced following Notice in at least ten-point, ACTION: Confirmation of rule. those proposed benefits against the cost bold face type in their contracts: ‘‘ANY of implementing the changes, the need HOLDER OF THIS CONSUMER CREDIT SUMMARY: The Federal Trade for the change, and alternative means of CONTRACT IS SUBJECT TO ALL Commission (‘‘FTC’’ or ‘‘Commission’’) providing these benefits for consumers, CLAIMS AND DEFENSES WHICH THE has completed its regulatory review of such as consumer education materials. DEBTOR COULD ASSERT AGAINST the Trade Regulation Rule Concerning THE SELLER OF GOODS OR SERVICES A. Support for the Rule Preservation of Consumers’ Claims and OBTAINED . . . WITH THE PROCEEDS Defenses (‘‘Holder Rule’’ or ‘‘Rule’’) as All of the commenters who addressed HEREOF. RECOVERY HEREUNDER BY part of the agency’s regular review of all the issue supported maintaining the THE DEBTOR SHALL NOT EXCEED its regulations and guides, and has Rule; none advocated rescinding it. For AMOUNTS PAID BY THE DEBTOR example, a comment on behalf of determined to retain the Rule in its 2 HEREUNDER.’’ A creditor or assignee consumer groups stated, ‘‘The Holder present form. of the contract is thus subject to any DATES: This action is effective May 2, Rule is one of the most important claims or defenses that the consumer actions the Commission has ever taken 2019 and is applicable as of April 23, could assert against the seller. The 2019. in preventing and remedying unfair and Commission adopted the Rule to deceptive practices in the ADDRESSES: Relevant portions of the provide recourse to consumers who marketplace.’’ 6 This comment also record of this proceeding, including this otherwise would be legally obligated to noted, ‘‘The Holder Rule has resulted in document, are available at https:// make full payment to a creditor or no cost to consumers and only minimal assignee despite breach of warranty, www.ftc.gov. cost to businesses.’’ 7 Another comment misrepresentation, or even fraud on the stated that ‘‘[c]onsumer advocates have FOR FURTHER INFORMATION CONTACT: part of the seller.3 Stephanie Rosenthal, (202) 326–3332, described the Holder Rule as the ‘FTC’s Bureau of Consumer Protection, Federal Regulatory Review Comments and most effective tool against fraud.’ ’’ 8 Trade Commission, 600 Pennsylvania Analysis NACA stated that the Rule ‘‘protects Ave. NW, Washington, DC 20580. The Commission received nineteen consumers in the marketplace from SUPPLEMENTARY INFORMATION: comments in response to its Federal unscrupulous vendors by providing a Register notice.4 Three comments were valuable avenue for redress when sellers Introduction from consumer groups and legal The Federal Trade Commission advocacy organizations, three comments 5 A few comments urged clarifications of the Rule or discussed interpretative staff guidance. For previously requested comments on the were from offices of State Attorneys example, several comments urged the Commission Holder Rule as part of its General, five comments were from to confirm or reject 1976 staff guidelines regarding comprehensive regulatory review industry and trade association groups, exempt transactions. Bingham (opposing $25,000 program.1 Specifically, the Commission four comments were from credit unions exemption ‘‘made in 1976’’); NCLC at 6 (commenting that Commission should clarify the sought comments on the Holder Rule’s and a credit union association, and four Rule’s application to large transactions because costs and benefits, and on whether there comments were from consumers. As 1976 staff statement describing such an exemption is a continuing need for it. Commenters discussed below, all commenters who was misconceived); AFSA at 3, 5 (urging the uniformly supported the Rule, and a few Commission to confirm 1976 staff guidelines and arguing that transactions that exceed $50,000 are suggested restating a previously 2 16 CFR 433.2. The Rule does not apply to financing by credit card issuers. 16 CFR 433.1(c). exempt). The Commission has not formally announced advisory opinion of the reviewed or adopted the staff views discussed in 3 See 40 FR 53506, 53507 (Nov. 18, 1975) (‘‘The these comments. See 41 FR 20022 (1976). Staff will Rule, clarifying portions of the Rule, or rule is directed at what the Commission believes to review the 1976 informal guidelines and expanding the reach of the Rule. After be an anomaly. . . . The creditor may assert his right educational materials in light of these comments. to be paid by the consumer despite considering the comments and Because these comments do not advocate or provide evidence, the Commission has misrepresentation, breach of warranty or contract, or even fraud on the part of the seller, and despite evidence for modification or rescission of the Rule, the fact that the consumer’s debt was generated by they are beyond the scope of this review. See 80 FR 1 The Commission publishes this schedule the sale.’’) 75019 (describing the Commission’s Regulatory Review Program). annually, with adjustments in response to public 4 A table at the end of this notice lists the 6 input, changes in the marketplace, and resource organizations that commented. All nineteen National Consumer Law Center (‘‘NCLC’’). demands. For more information, see https:// comments are available on the Commission’s 7 Id. www.ftc.gov/enforcement/rules/retrospective- website at https://www.ftc.gov/policy/public- 8 National Association of Consumer Advocates review-ftc-rules-guides. comments/initiative-631. (‘‘NACA’’).

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act badly.’’ 9 The Iowa Attorney under the contract if such recovery is C. Proposed Modifications of the Rule General’s office described how the Rule necessary to fully compensate the Several commenters supported the has benefitted consumers in Iowa, and consumer for the misconduct—even if Rule and additionally suggested encouraged the Commission to retain rescission of the transaction is not 10 modifications to the Rule. As discussed the Rule. Industry members and credit warranted. in detail below, none of the comments unions also supported maintaining the One commenter further urged the that proposed changing the Rule Rule. The American Financial Services Commission to affirm that the ability of provided the Commission with specific Association (‘‘AFSA’’) and National consumers to bring an affirmative claim evidence of the potential costs and Independent Automobile Dealers based on the Holder Rule does not benefits of such modifications. Association (‘‘NIADA’’) urged the depend upon whether state law Commission not to make any changes to authorizes affirmative actions against 1. Comments Regarding Contractual the Rule.11 The National Auto Dealer holders.16 The commenter was Language and Other Notices to and Association (‘‘NADA’’) similarly specifically concerned with the Eighth Communications With Consumers supported retention of the Rule as is, Circuit’s decision in LaBarre v. Credit Several commenters suggested citing wide industry compliance with Acceptance Corp., in which the court modifying the contractual language the Rule in its current form.12 The concluded that a Minnesota consumer notifying consumers of their rights Heartland Credit Union Association could not rely on the Holder Rule under the Rule and requiring additional (‘‘Heartland’’) supported the consumer Notice to bring an action against an notices to consumers. The Office of the protection goals of the Rule and assignee because a state consumer New York Attorney General, joined by ‘‘supports compliance with the Holder protection statute that provided similar the Attorneys General of Idaho, Iowa, Rule.’’ 13 protections specified that consumers In light of the comments received, and Kentucky, Louisiana, Maine, Maryland, may raise the statutory protections only Minnesota, Virginia, and Washington in the absence of any opposition, the 17 as a defense or set-off. Although the (‘‘Joint Attorneys General’’) Commission concludes that a Minnesota statute stated that this continuing need exists for the Rule. The recommended amending the Rule to use restriction on the manner in which ‘‘less ‘legalistic’ language,’’ to comments indicate that the Rule consumers could assert rights applied to benefits consumers and does not impose ‘‘explicitly state that the consumer’s ‘‘the rights of the consumer under this right to an affirmative recovery is significant costs, and the Commission subdivision,’’ the Eighth Circuit applied has no evidence to the contrary. unqualified,’’ and to require that this restriction to a claim based on the collection notices include a notice Accordingly, the Commission has Holder Rule Notice in the consumer’s decided to retain the Rule. advising consumers of their rights under contract. In our judgment, the court the Rule.19 The Office of the District of B. Reiteration of the Commission’s 2012 erred by limiting recovery under the Columbia Attorney General (‘‘DC AG’’) Advisory Opinion Regarding Affirmative Holder Rule to defense or set-off under also recommended modifying the Recoveries the Minnesota statute. The Minnesota ‘‘legalistic’’ wording of the Rule and statutory limitation might apply to Two commenters asked the requiring the Rule’s notice in collection claims and defenses asserted under the Commission to reiterate the notices.20 Other commenters specific subdivision of the Minnesota Commission’s May 3, 2012 advisory recommended modifying the Rule to Code, but would not apply to other opinion concerning affirmative require lenders to notify consumers of claims and defenses that a consumer recoveries.14 The Commission restates their rights under the Rule and might assert against the seller.18 that opinion as part of this rule ‘‘proactively and meaningfully respond review.15 In particular, the Rule does to consumer complaints.’’ 21 16 NCLC. not limit affirmative recovery to 17 174 F.3d 640, 644 (8th Cir. 1999) (citing Minn. None of the comments proposing circumstances where rescission is Stat. sec. 325G.16, sub. 3). The Minnesota statute these modifications to the Rule warranted or where the goods or provides: provided the Commission with evidence services sold to the consumer are Claims and defenses. Any assignee of the contract showing how and the extent to which worthless. Indeed, the Rule places no or obligation relating to the consumer credit sale these changes would benefit consumers, shall be subject to all claims and defenses of the limits on a consumer’s right to an consumer against the seller arising from the sale, and they did not address whether the affirmative recovery other than limiting notwithstanding any agreement to the contrary. benefits to consumers would outweigh recovery to a refund of monies paid Provided, however, that the assignee’s liability the potential increased costs in adopting under the contract. As the Commission under this subdivision shall not exceed the amount such changes. Industry commenters owing to the assignee at the time the claim or previously stated, to give full effect to defense is asserted against the assignee. The rights noted that businesses would pass any the Commission’s original intent to shift of the consumer under this subdivision can only be increased costs of compliance with the seller misconduct costs away from asserted as a matter of defense to or set off against Holder Rule along to consumers.22 consumers, consumers must have the a claim by the assignee. The Commission believes that the right to recover funds already paid Minn. Stat. sec. 325G.16, sub. 3. A ‘‘Consumer credit sale’’ is defined as a sale of goods or services record does not support modification of in which: the Rule language. To assist with 9 Id. (a) Credit is granted by a seller who regularly consumers’ understanding of the Rule, 10 Iowa Attorney General’s office; see also Nadine engages as a seller in credit transactions of the same however, the Commission will review Brown. kind; and consider revising its existing 11 AFSA, NIADA. (b) the buyer is a natural person; and consumer education materials to help 12 NADA. (c) the goods or services are purchased primarily 13 Heartland. See also Illinois Credit Union for a personal, family or household purpose, and League (noting that not a large number of their not for commercial, agricultural, or business on Holder Rule, and state limitation is applicable members’ transactions are affected by the Rule). purpose. only to consumer claims under that section of state 14 NACA and NCLC. Id. sec. 325G.15, sub. 2. law). 19 15 Letter to Jonathan Sheldon and Carolyn Carter, 18 See Eachen v. Scott Housing Systems, Inc., 630 Joint Attorneys General. NCLC (May 3, 2012), available at https:// F. Supp. 162, 165–67 (M.D. Ala. 1986) (Holder Rule 20 DC AG. www.ftc.gov/policy/advisory-opinions/16-cfr-part- and state statute that provides that consumer rights 21 See MFY Legal Services (‘‘MFY’’). 433-federal-trade-commission-trade-regulation-rule- can only be asserted as defense or set off are not 22 See AFSA; Mortgage Bankers Association concerning. in conflict because consumers premised their suit (‘‘MBA’’).

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inform consumers of the Rule’s comments that advocated expanding Guidelines indicate that the holder is protections. coverage to all leases provided evidence liable both for seller misconduct under as to how such a change would benefit the Holder Rule and for its own conduct 2. Comments Regarding Application to consumers.27 Furthermore, none of the independent of any cap: Leases comments addressed the increased costs The words ‘recovery hereunder’ . . . refer Three comments discussed the Rule’s to businesses, if any, that would result specifically to a recovery under the Notice. application to leases. Two comments from modifying the Rule to cover all If a larger affirmative recovery is available advocated for the Rule’s application to leases. Thus, the Commission does not against a creditor as a matter of state law, the leases, and one of these commenters propose changing the Rule.28 consumer would retain this right.’’ 30 proposed a rulemaking to extend the Rule to consumer motor vehicle 3. Comments Regarding Recovery of AFSA, however, argued that the plain leases.23 A third comment urged the Attorney’s Fees language of the Rule limits all recovery, Commission to confirm that the Rule Six comments addressed whether the including interests, costs, and attorneys’ applies only to consumer credit Rule’s limitation on recovery to fees, to the amount that the consumer 31 contracts.24 NCLC noted that courts ‘‘amounts paid by the debtor’’ allows or has paid under the contract. generally have found that the Rule does should allow consumers to recover We conclude that if a federal or state not apply to leases. NCLC further attorneys’ fees above that cap: Four law separately provides for recovery of asserted that leases today (in contrast to comments supported having no cap on attorneys’ fees independent of claims or 1976) are widespread, and the Rule’s recovery of attorneys’ fees, while one defenses arising from the seller’s protections are just as essential for opposed it and one proposed a set fee misconduct, nothing in the Rule limits leasing as consumer credit. This schedule in some circumstances.29 such recovery. Conversely, if the comment also indicated that, under According to the comments, some holder’s liability for fees is based on state law, lessees typically can bring courts have permitted fees above the claims against the seller that are seller-related defenses but cannot assert cap, while others have not. NCLC preserved by the Holder Rule Notice, claims against the assignee. AFSA, argued that liability for attorneys’ fees the payment that the consumer may however, stated that the ‘‘plain language under fee-shifting statutes is recover from the holder—including any of the Rule does not apply to consumer independent from an assignee’s recovery based on attorneys’ fees— vehicle leases’’ and urged the derivative liability under the Holder cannot exceed the amount the consumer Commission not to amend or expand the Rule, and therefore is not capped by the paid under the contract. Claims against 25 Rule’s application to leases. Rule’s limitation to ‘‘recovery the seller for attorneys’ fees or other The Commission appreciates the hereunder.’’ NCLC further argued that recovery may also provide a basis for set information provided by these the purpose of fee-shifting statutes is to off against the holder that reduces or comments and notes that the Rule does encourage settlement and make it eliminates the consumer’s obligation. apply to certain leases. Certain contracts feasible for consumers to pursue cases The Commission does not believe that labelled as ‘‘leases’’ are credit through small claims actions—which the record supports modifying the Rule transactions in which a consumer NCLC asserted would be ineffective if to authorize recovery of attorneys’ fees repays debt by paying the lease attorneys’ fee recoveries were limited by from the holder, based on the seller’s installments. Such contracts, when used the Rule to amounts paid by the debtor. conduct, if that recovery exceeds the in the sale or lease of goods or services, 32 26 This comment noted that the Staff amount paid by the consumer. are subject to the Rule. None of the Additionally, one commenter suggested 27 During an FTC-hosted roundtable on 23 that the Commission use the Rule to See NCLC, Bingham. automobile leases in November 2011, one panelist establish a schedule of attorneys’ fees 24 AFSA. discussed the Holder Rule, stating that it was not 25 AFSA. clear whether the Rule applied to leasing. None of and circumstances under which the fees 33 26 The Rule applies when a seller, ‘‘[i]n the panelists specifically advocated for modifying could be awarded. Such measures, connection with any sale or lease of goods to the Rule to include all leases. See The Road Ahead: however, are beyond the scope of the consumers’’ takes or receives ‘‘a consumer credit Selling, Financing & Leasing Motor Vehicles, A Rule, and not supported by any showing contract’’ or accepts proceeds from ‘‘a consumer Roundtable (November 17, 2011), https:// credit contract’’ made in connection with a www.ftc.gov/sites/default/files/documents/public_ purchase money loan. 16 CFR 433.2; see also 16 events/road-ahead-3rd-roundtable-november-17th/ 30 See NCLC (quoting Staff Guidelines, 41 FR at CFR 433.1(j) (‘‘Seller’’ subject to the Holder Rule dc_sess1.pdf; https://www.ftc.gov/sites/default/ 20023); see also NACA. The Staff Guidelines also means a person who ordinarily ‘‘sells or leases’’ files/documents/public_events/road-ahead-3rd- state that the Rule does not eliminate any other goods or services). Some leases satisfy the Rule’s roundtable-november-17th/dc-agenda-final.pdf. rights the consumer may have as a matter of local, definition of ‘‘consumer credit contract,’’ which 28 NACA also suggested that the FTC consider state, or federal law. 41 FR at 20023. encompasses ‘‘[a]ny instrument which evidences or eliminating the real estate mortgage exclusion from 31 AFSA. embodies a debt arising from’’ the transactions the Holder Rule so that it would apply to such 32 Relatedly, AFSA argued that the language of defined in the Rule as a ‘‘Purchase money loan’’ transactions. This suggestion was offered without a the Holder Rule stating that recovery shall not and ‘‘Financing a sale.’’ 16 CFR 433.1(i). ‘‘Financing discussion of the benefits to consumers or cost to exceed amounts paid by the debtor ‘‘prevents using a sale’’ is defined as extending credit in connection business from the proposed change and, therefore, the Rule to impose an injunction on Holders.’’ In with a ‘‘Credit sale’’ within the meaning of TILA and Regulation Z. 16 CFR 433.1(e). Under the TILA the Commission does not have sufficient support of this contention, AFSA cited precedents and Regulation Z, a ‘‘credit sale’’ includes a information to consider such a modification. Wells that discuss the distinction between a legal cause contract in the form of a ‘‘bailment or lease’’ if the Fargo commented that it would be inappropriate to of action and the remedies (such as an injunction) contract is not terminable at will by the consumer, extend the Rule to home mortgages and ‘‘strongly that may be available for a cause of action. Neither and the consumer both contracts ‘‘to pay as urge[d] the FTC to carefully study the potential the precedents cited nor the text of the Holder Rule compensation for use a sum substantially impacts of any expansion, and to engage with support AFSA’s contention that the Holder Rule equivalent to, or in excess of, the total value of the participants in all aspects of the residential does not allow the issuance of an injunction. The property and service involved,’’ and will become mortgage market.’’ final sentence of the Holder Rule Notice does not (or has the option to become), for no additional 29 See 16 CFR 433.2(a) and (b). For comments restrict the types of remedies available when a consideration or for nominal consideration, the supporting no cap on attorneys’ fees recovery, see claim or defense is preserved; it simply states that owner of the property upon compliance with the NCLC, NACA, Anderson, and MFY. For comments the money that a consumer may obtain from a agreement. 15 U.S.C. 1602(h); 12 CFR 226.2(a)(16); opposing having no cap on attorneys’ fees recovery holder based on the Notice may not exceed amounts 12 CFR 1026.2(a)(16). Leases that satisfy these or otherwise limiting the scope of attorneys’ fees in paid. The Commission affirms that the plain conditions are covered by the Holder Rule; leases some situations, see AFSA, CU Direct Corporation language of the Rule does not limit the types of that do not are not ‘‘consumer credit contracts’’ and (‘‘CU Direct’’). Some commenters recommended full relief a court may award against a holder. are not subject to the Rule. elimination of the liability cap. See, e.g., MFY. 33 See CU Direct.

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that such an expansion of the Rule is holder to cut off consumer claims and Thus, practices that purport to waive necessary to achieve its objectives. defenses. Therefore, the Commission a consumer’s rights under the Holder declines to propose modifying the Rule Rule are contrary to its purpose, and 4. Comments Regarding Application of to address these concerns. companies that engage in such practices Rule in Absence of Written Notice risk liability under federal and state 5. Comments Regarding Waiver of Right Some commenters asked the laws. Because the current record does To Assert Claims Commission to modify the Rule not provide examples of misconduct language so that Holder Rule protections Two comments urged that the FTC associated with waivers that is would apply even where the consumer state that consumers’ rights under the occurring despite the existing law, the credit contract does not include the Rule cannot be waived.37 These Commission is not convinced that these Holder Rule Notice.34 According to the commenters, however, did not describe comments warrant considering changes comments, if the contract does not specific ‘‘waiver’’-related practices that to the Rule. However, the Commission contain the Holder Notice, consumers they believed were not adequately staff will continue to monitor this may not be able to preserve claims and addressed by the current Rule, or issue.42 defenses in all the circumstances provide evidence of unfair practices contemplated by the Rule. involving waivers. 6. Comments Regarding Modifying the This issue would arise only in those The Holder Rule was adopted, in part, Rule To Apply More Broadly to Lenders instances where sellers make contracts to prevent the use of contractual waivers Two comments recommended that the or accept the proceeds from purchase to cut off consumer claims and Commission expand the Rule to cover money loans that omit a required Holder defenses.38 Courts have recognized that lenders, in addition to retail ‘‘sellers.’’ 43 Rule Notice. The comments do not the contractual provision required by Specifically, these comments urged the provide evidence that such violations the Rule makes unenforceable other Commission to require lenders to are widespread.35 Moreover, where such provisions that purport to waive or include Holder Rule language in their violations occur, a consumer may be otherwise undermine the consumers’ contracts because they assert that most able assert claims and defenses against ability to assert the claims or defenses.39 credit contracts are drafted by the a holder. Several state laws build upon Some states have also recognized a assignee, rather than the seller, and both the Holder Rule by providing that, if an private right of action under state law the seller and the lender should have instrument is used to finance consumer against sellers, lenders or holders that joint responsibility to include the transactions subject to the Holder Rule, attempt to undermine the Rule through Holder Rule Notice.44 However, a holder’s rights against a consumer are contractual provisions or notices that industry commenters explained that subject to the limitations imposed by might be described as a waiver.40 expanding the requirements to lenders the Holder Rule Notice—just as if the Moreover, the Commission, in an under the Rule would have meaningful Notice was included in the unlitigated settlement of an enforcement costs to lenders that would ultimately instrument.36 The comments do not action, indicated that it is an unfair or be passed on to consumers.45 Upon provide evidence that there are a deceptive practice under federal law for review of the comments, the significant number of transactions in a creditor to represent that consumers Commission concludes that the record which sellers violate the Holder Rule waive their rights under the Holder Rule does not include sufficient evidence to and, despite laws limiting holders’ if they do not give the creditor written support proposing an expansion of the remedies, the sellers’ violations allow a notice of their complaints about Rule to apply to lenders.46 sellers.41 34 See, e.g. DC AG, Joint Attorneys General. Conclusion 35 To the contrary, commenter NADA cited an 37 DC AG (‘‘I also recommend that the Holder The comments uniformly favored FTC press release that stated an FTC investigation Rule Notice state that a consumer’s right to assert retention of the Rule and stated that into 50 automobile dealers ‘‘found broad claims is unconditional and cannot be waived, so there is a continuing need for the Rule; compliance with the Rule among auto dealers.’’ that consumers will be less subject to deceptive NADA (citing FTC, Press Release, FTC Finds Broad statements that state otherwise.’’); Joint Attorneys that the Rule benefits consumers; that Compliance Among Auto Dealers with Rule That General (‘‘The FTC should also clarify that the Protects Consumers with Car Loans (May 16, 2011), holder rule cannot be waived.’’) provided written notification within a certain available at https://www.ftc.gov/news-events/press- 38 40 FR at 53508, 53510, 53512 (describing period ‘‘has the tendency and capacity to deter releases/2011/05/ftc-finds-broad-compliance- practice in which consumers rights are cut off by consumers from asserting valid claims and among-auto-dealers-rule-protects). inserting a waiver of defenses clause in the defenses’’ and violates Section 5 of the FTC Act). 36 See, e.g., Tex. Bus. & Com. Code section consumer’s sales agreement with the seller); see 42 Two commenters urged the Commission to list 3.305(e) (in a consumer transaction, an instrument also id. at 53523 (‘‘[T]he use of promissory notes, specific practices related to the operation of the that omits statement required by law preserving waivers of defenses, and vendor-related loan Holder Rule that are unfair or deceptive under claims and defenses has the same effect as if the financing to foreclose consumer claims and Section 5 of the FTC Act. NCLC; NACA. The statement was included, based on Uniform defenses in credit sale transactions constitutes an Commission declines to enumerate such a list, Commercial Code, rev. art. 3, section 3–305(e) unfair practice under 15 U.S.C. 45, as amended.’’) which is beyond the scope of this regulatory review, (2002), adopted by seven states); Uniform 39 Hinojosa v. Castellow Chevrolet Oldsmobile, but will continue to use its enforcement authority Commercial Code section 9–403(d) (1999) (same for to combat unfair and deceptive practices. record of debt in a consumer transaction that is a 678 SW2d 707, 709–10 (Tex. Ct. App. Corpus Christi 1984); Hernandez v. Forbes Chevrolet Co., 43 See, e.g., MFY, NCLC. secured transaction); Assocs. Home Equity Servs., 44 Inc. v. Troup, 343 N.J. Super. 254, 276, 778 A.2d 680 SW2d 75, 76–77 (Tex. Ct. App. 13th Dist.1984); See NCLC. 529, 542 (App. Div. 2001) (implying Holder Rule but see Blackmon v. Hindrew, 824 SW2d 85, 88 45 See AFSA, MBA. Notice in contract from which it was omitted). A (Mo. Ct. App. 1992) (reaching contrary result by 46 The Commission previously considered few states also have consumer protection statutes giving effect to contract recitals inconsistent with amending the Rule to extend it to third-party that provide remedies against creditors that are the Holder Notice). creditors, but ultimately declined to do so because similar or the same as those contemplated by the 40 Heastie v. Community Bank, 727 F. Supp. 1133 the evidence was ‘‘inadequate to support’’ such an Holder Rule, and are not dependent on the presence (N.D. Ill.1989); Jaramillo v. Gonzales, 50 P.3d 554, amendment. Regulatory Flexibility Act Review of of the Holder Rule Notice in the loan document. See 561–62 (N.M. Ct. App. 2002) (bank’s alleged refusal the Trade Regulation Rule Concerning Preservation Iowa Code § 537.3405 (preserving claims and to acknowledge its liability under the FTC Holder of Consumers’ Claims and Defenses, 53 FR 44456, defenses in specified transactions as a matter of Rule stated a claim for violation of the state’s Unfair 44457 (Nov. 3, 1988). In particular, the Commission law); Md. Code, Com. Law section 12–309 (same); Practices Act). found that ‘‘the record contains little evidence of Mass. Gen. Laws ch. 255D, section 25A (same); N.Y. 41 Beneficial Corporation, 96 F.T.C. 120 (1980) consumer injury occurring after the Holder Rule Gen. Bus. Law section 253 (same); Kan. Stat. (alleging that Beneficial’s notices to consumers became effective and little evidence to suggest that sections 16a-3–404, 16a-3–405 (same, based on stating that the consumers’ ability to assert claims creditor participation in cutting off consumers’ Uniform Consumer Credit Code, 1974). or notices would be waived unless the consumer claims is prevalent.’’ Id.

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the Rule does not impose substantial The FTC plans to review and consider the FTC’s other enforcement tools do economic burdens; and that the benefits revising our consumer education not provide adequate guidance and outweigh the minimal costs the Rule materials to address the concerns raised protection for consumers in the imposes. Although commenters in the comments submitted pursuant to marketplace, it can then consider, based recommended that the Commission this rule review to ensure that on a further record, whether and how to modify certain aspects of the Rule, none consumers more easily understand the amend the Rule. Accordingly, the of the comments provided sufficient Rule’s protections. Furthermore, as Commission has determined to retain evidence demonstrating that such noted in both NCLC’s and NACA’s the current Rule and is terminating this modifications were necessary and comments, the Commission has a review. would, in fact, help consumers. variety of enforcement tools available to Moreover, none of the comments help ensure compliance.47 If, at a later By direction of the Commission. proposing such modifications analyzed date, the Commission concludes that the Julie A. Mack, the associated costs. Rule, case law interpreting the Rule, and Acting Secretary.

LIST OF COMMENTING ORGANIZATIONS AND SHORT-NAMES/ACRONYMS

Short-name/acronyms Commenter

AFSA ...... American Financial Services Association. CU Direct ...... CU Direct Corporation. CUNA ...... Credit Union National Association. DC AG ...... Attorney General for the District of Columbia. Heartland ...... Heartland Credit Union Association. ICUL ...... Illinois Credit Union League. Iowa AG ...... Iowa Attorney General’s Office. Joint Attorney Generals ...... Attorneys General of New York, Idaho, Iowa, Kentucky, Louisiana, Maine, Maryland, Minnesota, Virginia and Washington. MBA ...... Mortgage Bankers Association. MFY ...... MFY Legal Services, Inc., Lincoln Square Legal Services, Inc., and Fordham Law School’s Feerick Center for So- cial Justice. NACA ...... National Association of Consumer Advocates. NADA ...... National Automobile Dealers Association. NCLC ...... National Consumer Law Center, Americans for Financial Reform, The Center for Responsible Lending, Consumer Action, Consumer Federation of America, Consumers for Auto Reliability and Safety, Consumers Union, NAACP, NACA, The Institute for College Access & Success, U.S. Public Interest Research Group, Alabama Appleseed, Arizona Community Action Association, Arkansans Against Abusive Payday Lending, Arkansas Community Organizations, Community Legal Services, Connecticut Association for Human Services, Con- necticut Citizens Action Group, Housing and Economic Rights Advocates, Kentucky Equal Justice Center, LAF, The Legal Assistance Resource Center of Connecticut, North Carolina Justice Center, Public Justice Center, Public Law Center, Veterans Education Success, Virginia Citizens Consumer Council, and Woodstock Institute. NIADA ...... National Independent Automobile Dealers Association. Wells Fargo ...... Wells Fargo Bank.

[FR Doc. 2019–08886 Filed 5–1–19; 8:45 am] withdrawal, add a valuation filing liability information will be applicable BILLING CODE 6750–01–P requirement and a withdrawal liability for plan years ending after July 1, 2019. reporting requirement for certain The amendments to 29 CFR parts terminated plans and insolvent plans, 4041A and 4245 that change the annual PENSION BENEFIT GUARANTY remove certain insolvency notice and actuarial valuation requirement will be update requirements, and reflect the CORPORATION applicable to actuarial valuations repeal of the multiemployer plan prepared for plan years ending after July reorganization rules. 29 CFR Parts 4041A, 4245, and 4281 1, 2019. DATES: Effective date: This rule is RIN 1212–AB38 effective July 1, 2019. FOR FURTHER INFORMATION CONTACT: Hilary Duke ([email protected]), Terminated and Insolvent Applicability dates: The amendments Multiemployer Plans and Duties of to 29 CFR part 4041A that make changes Assistant General Counsel for Plan Sponsors to the definitions, the content of the Regulatory Affairs, Office of the General notice of termination, and the Counsel, Pension Benefit Guaranty AGENCY: Pension Benefit Guaranty determination of plan solvency; and the Corporation, 1200 K Street NW, Corporation. amendments to 29 CFR parts 4245 and Washington, DC 20005–4026; 202–326– ACTION: Final rule. 4281 that make changes to the notices 4400, extension 3839. (TTY users may of insolvency, notices of insolvency call the Federal relay service toll-free at SUMMARY: The Pension Benefit Guaranty benefit level, and applications for 800–877–8339 and ask to be connected Corporation is amending its financial assistance will be applicable as to 202–326–4400, extension 3839.) multiemployer reporting, disclosure, of July 1, 2019. and valuation regulations to reduce the The amendments to 29 CFR parts SUPPLEMENTARY INFORMATION: number of actuarial valuations required 4041A and 4245 that require plan for smaller plans terminated by mass sponsors to file with PBGC withdrawal

47 The Commission encourages all stakeholders Holder Rule to the Commission via ftc.gov/ and consumers to refer suspected violations of the complaints.

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Executive Summary—Purpose of the whether any employers have withdrawn determines that the plan is insolvent Regulatory Action but have not yet been assessed under section 4245 of ERISA. This final rule makes certain reporting withdrawal liability. Before 2015, financially troubled multiemployer plans entered a and disclosure of multiemployer Insolvency Notices and Updates information to PBGC and interested ‘‘reorganization’’ status if their funding parties more efficient and reflects the The plan sponsor of a multiemployer was below a certain level. Plans in repeal of the multiemployer plan plan terminated by mass withdrawal reorganization status were subject to reorganization rules. The rule reduces that is insolvent or is expected to be certain rules affecting plan funding, costs by allowing smaller plans insolvent for a plan year must provide benefits, and reporting and disclosure. terminated by mass withdrawal to certain notices to PBGC and participants The plan sponsor of a plan in perform actuarial valuations less and beneficiaries. Similarly, the plan reorganization that determined the plan frequently and by removing certain sponsor of a multiemployer plan that is was insolvent or was expected to be notice requirements for insolvent plans. certified by the plan’s actuary to be in insolvent for a plan year was required This reduces plan administrative costs critical status and that is expected to to provide PBGC and interested parties and, in turn, may reduce financial become insolvent under section 4245 of notices regarding the plan’s insolvency. assistance provided by PBGC. ERISA must provide certain notices to The Pension Protection Act of 2006 PBGC’s legal authority for this action PBGC and interested parties. Notices established critical and endangered is based on section 4002(b)(3) of the include a notice of insolvency and a statuses for underfunded plans and Employee Retirement Income Security notice of insolvency benefit level. The provided new tools to help Act of 1974 (ERISA), which authorizes final rule eliminates outdated multiemployer plans in those statuses PBGC to issue regulations to carry out information included in the notices and improve plan funding but did not repeal the purposes of title IV of ERISA; changes the frequency of the notices. A the reorganization rules. Section 108 of section 4041A(f)(2) of ERISA, which plan sponsor is required to provide the Multiemployer Pension Reform Act gives PBGC authority to prescribe notices of insolvency if the plan sponsor of 2014 (MPRA) repealed the rules on reporting requirements for terminated determines the plan is insolvent in the reorganization under section 4241 of plans; section 4245(e) of ERISA, which current plan year or is expected to be ERISA effective for plan years beginning directs PBGC to prescribe requirements insolvent in the next plan year. The after December 31, 2014. MPRA also for notices regarding multiemployer final rule also eliminates the amended the notice requirements under plan insolvency; section 4261 of ERISA, requirement to provide most annual section 4245(e) of ERISA and 418E(e) of which authorizes PBGC to provide updates to the notices of insolvency the Internal Revenue Code (Code) to financial assistance to insolvent plans; benefit level. replace the references to a plan in and section 4281(d)(3) of ERISA, which reorganization with references to a plan directs PBGC to prescribe requirements Background in critical status. These amendments did for notices to plan participants and The Pension Benefit Guaranty not substantively change the notice beneficiaries in the event of a benefit Corporation (PBGC) administers two requirements. suspension by an insolvent plan. insurance programs for private-sector On July 16, 2018 (at 83 FR 32815), PBGC published a proposed rule to Executive Summary—Major Provisions defined benefit pension plans under reduce reporting and disclosure of the Regulatory Action title IV of the Employee Retirement Income Security Act of 1974 (ERISA): A requirements for multiemployer plans Plan Sponsor Duties—Annual Valuation single-employer plan termination that are terminated by mass withdrawal and Withdrawal Liability insurance program and a multiemployer or in critical status and that are, or are The plan sponsor of a multiemployer plan insolvency insurance program. In expected to be, insolvent.2 PBGC plan terminated by mass withdrawal is general, a multiemployer pension plan identified the proposed amendments as responsible for specific duties, is a collectively bargained plan part of its ongoing retrospective review including an annual actuarial valuation involving two or more unrelated under Executive Order 13563 of the plan’s assets and benefits. This employers. This final rule deals with ‘‘Improving Regulation and Regulatory final rule reduces administrative burden multiemployer plans. Review.’’ Executive Order 13563 provides for Federal regulations to use by allowing a plan sponsor to perform Under section 4041A of ERISA, a less burdensome means to achieve an actuarial valuation only every 5 years mass withdrawal termination of a plan policy goals, and for agencies to give if the present value of the plan’s occurs when all employers withdraw or careful consideration to the benefits and nonforfeitable benefits is $50 million or cease to be obligated to contribute to the costs of those regulations. Comments less. The final rule adds a new plan. A plan terminated by mass received from one commenter in requirement for plan sponsors of certain withdrawal continues to pay all vested response to PBGC’s July 2017 Request terminated plans and insolvent plans to benefits from existing plan assets and for Information 3 support the changes to file actuarial valuations with PBGC. withdrawal liability payments from reduce notice requirements for insolvent Where the present value of the plan’s withdrawn employers. PBGC’s financial plans. nonforfeitable benefits is $50 million or assistance to the terminated plan starts In response to PBGC’s proposed rule, less, a plan receiving financial only if and when the plan sponsor two commenters submitted comments assistance from PBGC may file determines that the plan is insolvent alternative valuation information. under section 4281(d) of ERISA. PBGC The plan sponsor of a multiemployer 2 In 2014, PBGC amended its regulations to also provides financial assistance to reduce the number of actuarial valuations required plan also is responsible for determining, certain plans in critical status that are for certain smaller terminated plans and remove giving notice of, and collecting not terminated or are terminated by plan certain insolvency notice and update requirements. withdrawal liability. The final rule amendment 1 if the plan sponsor See 79 FR 30459 (May 28, 2014). This rulemaking requires plan sponsors of certain is a continuation of that effort to reduce plan burden. terminated plans and insolvent plans to 1 Termination of a multiemployer plan by plan 3 PBGC Regulatory Planning and Review of file with PBGC information about amendment is determined under section Existing Regulations, Request for Information (82 withdrawal liability payments and 4041A(a)(1) of ERISA. FR 34619, July 26, 2017).

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generally supporting PBGC’s efforts to determinations of plan solvency. The value of the plan’s nonforfeitable reduce regulatory burden. These final rule revises § 4041A.25 of the benefits and the plan’s assets. commenters also made some multiemployer termination regulation to If the present value of a plan’s suggestions and recommendations for clarify the timing of the plan sponsor’s nonforfeitable benefits exceeds $50 changes. In response to the comments, determinations of plan solvency by million, the plan sponsor continues to PBGC is making modifications to the combining similar provisions to be required to perform actuarial forms and instructions associated with eliminate repetition and by removing valuations annually.4 Plans may move this final rule, but the final rule is potentially confusing language. in and out of the 5-year or annual substantially the same as the proposed The plan sponsor of a plan in critical valuation cycle, as applicable, as the rule. The public comments, PBGC’s status must also make determinations of value of nonforfeitable benefits changes. responses, including modifications to Thus, a plan sponsor that had been the forms and instructions, and the plan solvency. If the plan sponsor determines under section 4245(d) of using an actuarial valuation for 5 years provisions of this final rule are is required to perform actuarial discussed below. ERISA that the plan is expected to be insolvent for a plan year, the plan valuations annually if the most recent Regulatory Changes sponsor must file a notice with PBGC, actuarial valuation indicates that the present value of the plan’s including a copy of the most recent Annual Valuation Requirement nonforfeitable benefits exceeds $50 actuarial valuation for the plan. PBGC million. Similarly, a plan sponsor that PBGC’s regulation on Termination of uses the annual actuarial valuation to had been performing the actuarial Multiemployer Plans (29 CFR part estimate the liabilities PBGC will incur valuation annually may use the 4041A) establishes rules for the when the plan becomes insolvent and actuarial valuation for 5 years if the administration of multiemployer plans for purposes of its financial statements. that have terminated by mass most recent actuarial valuation shows withdrawal, including basic duties of The final rule reduces the number of the present value of the plan’s plan sponsors of plans terminated by plans terminated by mass withdrawal nonforfeitable benefits to be $50 million mass withdrawal. Among the that are required to prepare an annual or less. requirements, the plan sponsor of a plan actuarial valuation. Section 4041A.24 of To estimate PBGC’s multiemployer terminated by mass withdrawal must the multiemployer termination plan liabilities, PBGC is adding the value the plan’s nonforfeitable benefits regulation provides that if the value of annual actuarial valuation requirement and assets as of the last day of the plan nonforfeitable benefits for a plan for plan sponsors of insolvent plans year in which the plan terminates and terminated by mass withdrawal is $25 receiving financial assistance from the last day of each plan year thereafter. million or less as determined for a plan PBGC (whether terminated or not The details of the annual actuarial year, the plan sponsor may use the terminated) and plan sponsors of plans valuation requirement are provided in actuarial valuation for the next two terminated by plan amendment that are subpart B of PBGC’s regulation on years and perform a new actuarial expected to become insolvent.5 The Duties of Plan Sponsor Following Mass valuation for the third plan year. The provision allowing smaller plans to use Withdrawal (29 CFR part 4281). final rule increases the threshold less frequent actuarial valuations is The plan sponsor of a plan terminated requirement for plan sponsors and available to these plan sponsors. In by mass withdrawal uses the annual allows them to use less frequent addition, where the present value of the actuarial valuation to determine actuarial valuations. A plan sponsor plan’s nonforfeitable benefits is $50 whether the value of nonforfeitable may use an actuarial valuation for 5 million or less, a plan receiving benefits exceeds the value of assets. If years if the present value of the plan’s financial assistance from PBGC may benefits exceed assets, the plan may nonforfeitable benefits is $50 million or comply with the actuarial valuation need to reduce benefits. If no benefits less and be in compliance with the requirement by filing alternative are subject to reduction, the plan statutory requirement that there be an information as specified in valuation sponsor will continue to make periodic annual written determination of the instructions on PBGC’s website.

SUMMARY OF ACTUARIAL VALUATION FILING REQUIREMENTS

Frequency of actuarial valuation: Alternative information permitted to Size of plan according to most recent actuarial valuation terminated plans and insolvent be filed: plans receiving financial plans assistance

Present Value of Plan’s Nonforfeitable Benefits is $50 Million or Less Every 5 Years ...... Yes. Present Value of Plan’s Nonforfeitable Benefits Exceeds $50 Million ... Each Year ...... No.

PBGC received two comments with less. A second commenter raised every 5 years the alternative information respect to its proposed changes to the concerns about the annual actuarial specified in instructions. The actuarial valuation filing requirements. valuation requirement for plan sponsors commenter stated that requiring One commenter supported PBGC’s of insolvent plans receiving financial actuarial valuations from plan sponsors proposed change to allow plan sponsors assistance from PBGC. The commenter of insolvent plans with nonforfeitable of plans terminated by mass withdrawal suggested that plan sponsors of plans benefits exceeding $50 million is not an to use an actuarial valuation for 5 years receiving financial assistance from effective use of PBGC’s limited if the present value of the plan’s PBGC be able to comply with the resources. nonforfeitable benefits is $50 million or actuarial valuation requirement by filing

4 No valuation is required for a plan year in which 5 Section 4041A.24(a)(2) of PBGC’s termination financial assistance from PBGC from the annual the plan is closed out in accordance with subpart regulation currently excludes plans receiving actuarial valuation requirement. D of part 4041A.

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PBGC considered the comment, financial assistance.8 The number of electronically and within the time PBGC’s need for data to measure its plans receiving and expected to receive period provides for an efficient process liabilities, and the minimal cost of financial assistance led PBGC to for plan sponsors and PBGC. requiring plans to file actuarial examine the way it obtains withdrawal The two commenters expressed valuations, and decided to adopt in the liability information. concerns about the scope of the final rule its proposed changes to the PBGC’s rulemaking requires plan withdrawal liability information annual actuarial valuation requirements. sponsors of plans subject to the actuarial required to be filed with PBGC, The final rule enables PBGC to continue valuation requirement (plans terminated including whether a plan is required to to have reasonably reliable data to by mass withdrawal, plans terminated provide information as to its entire measure its liabilities, while reducing by plan amendment that are expected to historical experience. In response to burden on plans that present smaller become insolvent, and insolvent plans these comments, PBGC is modifying the exposure to PBGC. While PBGC receiving financial assistance from withdrawal liability instructions to currently obtains actuarial valuations PBGC (whether terminated or not clarify that withdrawal liability for plans receiving financial assistance terminated)), to file with PBGC information for plan years ending before by contacting plan sponsors, a change in information about withdrawal liability, the effective date of the final rule will process is needed because of the in the aggregate and by employer, that not be required to be filed. For a plan increasing number of insolvent plans. the plan has or has not yet assessed year filing, information will be required The final rule requires a plan sponsor to withdrawn employers. The information for each employer that withdrew during file the plan’s actuarial valuation or is specified in the withdrawal liability the plan year and has not yet been alternative valuation information with instructions on PBGC’s website. For assessed withdrawal liability. For each PBGC within 180 days after the end of each employer not yet assessed employer that has been assessed the plan year. Having plans file the withdrawal liability, information withdrawal liability, information will be actuarial valuation or alternative includes the name of the employer, required on payments received in the valuation information within that time contribution owed in the plan year plan year and/or expected to be received period provides for a more efficient before withdrawal, and the reasons the in future plan years. In addition, PBGC process for plan sponsors and PBGC and employer has not yet been assessed is clarifying in the withdrawal liability is a more effective use of PBGC’s withdrawal liability. For each employer instructions that a plan sponsor is not resources. assessed withdrawal liability, required to file withdrawal liability information includes the name of the information already filed with PBGC. In The final rule also adopts the employer and whether there are December 2018, PBGC sent a proposed rule’s clarifications and other scheduled periodic payments or there withdrawal liability survey to plan editorial changes to part 4041A. has been a lump-sum settlement. For sponsors of terminated plans and Withdrawal Liability Payments periodic payments, information insolvent plans with 500 or more includes the start date, end date, participants to obtain information about The plan sponsor of a multiemployer frequency of payment (monthly, withdrawal liability assessed and not plan is required to determine and quarterly, annually), amount of yet assessed withdrawn employers.9 collect withdrawal liability in payment, and whether the employer is The information obtained from this accordance with section 4219 of ERISA. current on making its payments. For survey will provide PBGC information The plan sponsor assesses withdrawal lump sum settlements, information about withdrawal liability that liability by issuing a notice to an includes the amount and date of contributing employers owe or owed in employer, including the amount of the payment. To satisfy the filing prior plan years. employer’s liability and a schedule of requirement for employers assessed The commenters also expressed payments. The plan sponsor of a plan withdrawal liability, a plan sponsor may concerns about the withdrawal liability terminated by mass withdrawal must choose to file documents already information becoming publicly file with PBGC a certification that prepared containing the withdrawal available, especially with respect to notices have been provided to liability information for each employer, individual settlement of withdrawal 6 employers. such as withdrawal liability notices liability and withdrawal liability not yet PBGC uses information about setting forth scheduled payments or assessed withdrawn employers. One withdrawal liability payments and withdrawal liability settlement commenter suggested that PBGC collect settlements, and whether employers agreements. aggregated information, or, if PBGC have withdrawn from the plan but have The final rule requires a plan sponsor collects information about a given not yet been assessed withdrawal to file the withdrawal liability employer’s withdrawal liability, that liability, to estimate PBGC’s information with PBGC within 180 days reasonable safeguards be put in place to multiemployer liabilities for purposes of after the earlier of the end of the plan ensure the protection of confidential its financial statements and to provide year in which the plan terminates or and proprietary information. PBGC financial assistance to plans.7 It is becomes insolvent and each plan year considered these comments and decided particularly important for PBGC to thereafter. If a plan sponsor has to adopt in the final rule the proposed identify all sources of available funding previously filed the withdrawal liability amendment to require filing of given the declining financial position of information with PBGC, the plan withdrawal liability information and to the multiemployer program. In the year sponsor may satisfy the filing modify the withdrawal liability ended September 30, 2018, there were requirement by submitting a statement instructions. As explained above, the 78 insolvent plans that received that there is no change in the withdrawal liability information is financial assistance from PBGC and 64 information from what was filed in a required to be filed in the aggregate and terminated plans not yet receiving previous year. Having plan sponsors file on an employer basis. PBGC needs this the withdrawal liability information information, including by employer, to 6 See 29 CFR 4219.17. estimate with more precision PBGC’s 7 PBGC may prescribe reporting requirements for 8 See PBGC FY 2018 Annual Report, page 93 at terminated plans under section 4041A(f)(2) of https://www.pbgc.gov/sites/default/files/pbgc- 9 OMB control number 1212–0071 (expires ERISA. annual-report-2018.pdf. November 30, 2021).

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current and projected future financial level of benefits stated in the plan are beneficiary or a participant class, a assistance needs and the financial required to notify PBGC and plan notice is only required to be provided to position of the multiemployer insurance participants and beneficiaries. PBGC and to each affected person. For program. PBGC will use employer The notice requirements for plans that example, in the latter case, if a information to corroborate filed have terminated by mass withdrawal are participant enters pay status or a information to financial assistance provided under subpart D of PBGC’s participant’s death results in the requests and other plan records, which regulation on Duties of Plan Sponsor payment of benefits to the participant’s will allow for more utility of Following Mass Withdrawal (29 CFR beneficiary, only PBGC and those information received. PBGC’s rules part 4281). Similar notice requirements affected participants and beneficiaries providing and restricting access to its are provided for plans that are in critical are provided notices. One commenter records are set forth in PBGC’s status under PBGC’s regulation on encouraged PBGC to finalize these regulation on Examination and Copying Notice of Insolvency (29 CFR part 4245). changes to eliminate redundant notice of PBGC Records (29 CFR part 4901). If Under the latter, in addition to notifying requirements for terminated plans and PBGC receives a request for confidential PBGC and participants and insolvent plans. information, it notifies the submitter of beneficiaries, plan sponsors must notify Plan sponsors are required to the records, and affords them a other interested parties, including electronically file notices of reasonable period of time to object to employers required to contribute to the termination, notices of insolvency, and the disclosure, pursuant to PBGC plan and employee organizations that, notices of insolvency benefit level.10 procedures and as required under for collective bargaining purposes, The final rule moves the content Executive Order 12600, Predisclosure represent participants employed by requirements for these notices filed with Notification Procedures for Confidential such employers. PBGC from the regulations to Commercial Information. If PBGC There are two types of notice that instructions available on PBGC’s decides not to sustain a submitter’s plan sponsors must provide: a ‘‘notice of website. PBGC generally considers it objection in any request, it provides the insolvency,’’ stating the plan year that preferable to describe information to be submitter with a written statement the plan is insolvent or is expected to filed only in the filing instructions, and explaining why it has determined to be insolvent, and a ‘‘notice of not in the regulation prescribing the disclose the information within a insolvency benefit level,’’ stating the filing, to avoid having two authoritative reasonable number of days before a level of benefits that will be paid during descriptions of the same requirements specified disclosure date. PBGC is a plan year in which a plan is insolvent. and to make it easier for filers to find adding this explanation about its rules The final rule requires the plan sponsor the information they need in one place. providing and restricting access to of a critical status plan or of a plan One commenter expressed concern records to the Paperwork Reduction Act terminated by mass withdrawal to that the approach of moving information notice included with the withdrawal provide notices of insolvency if it from the rule to instructions will not liability instructions. determines that the plan is insolvent in give interested parties enough notice Finally, one of the commenters stated the current plan year or is expected to about changes or the opportunity to that the information collected on why be insolvent in the next plan year. The comment on recommended changes. employers may not have been assessed timing of the delivery of the notice of PBGC does not agree. Although changes withdrawal liability suggests that PBGC insolvency and the notice of insolvency to the forms and instructions need not may use the information for purposes benefit level is the same—by the later of always go through notice and comment outside of its authority. PBGC’s 90 days before the beginning of the rulemaking under the Administrative authority for requiring withdrawal insolvency year or 30 days after the date Procedure Act, they often would still be liability information to be filed by the insolvency determination is made. open to public comment and reviewed terminated plans and insolvent plans In addition, the final rule allows the by OMB under the Paperwork and use of the information are amply plan sponsor to provide one combined Reduction Act (PRA). The PRA requires explained in this preamble and in the notice for the same insolvency year. two sequential public notices to be supporting statement for the PBGC’s regulations currently require published in the Federal Register, each information collection. plan sponsors to provide the notice of with their own comment periods, insolvency benefit level annually. resulting in a total of 90 days for the Terminated Plan and Insolvent Plan PBGC’s experience has been that Notices public to comment. PBGC posts virtually all multiemployer plans that Paperwork Reduction Act submissions The plan sponsor of a multiemployer become insolvent will remain so. Thus, on its website and generally flags plan terminated by mass withdrawal once a plan sponsor has provided the material changes to forms and must make determinations of insolvency initial notice of insolvency benefit level, instructions in its regular ‘‘What’s New’’ annually in accordance with section there is little need to require the plan postings. Moving the information to the 4281 of ERISA and the plan sponsor of sponsor to provide similar subsequent forms and instructions will allow PBGC a multiemployer plan in critical status notices. Consequently, PBGC’s final rule to be more flexible in responding to must make determinations of insolvency eliminates most of the annual updates to future developments, such as changes in in accordance with section 4245(d) of the notices of insolvency benefit level. information technology. ERISA. When the plan sponsor of a The plan sponsor is required to provide The final rule also makes changes to multiemployer plan determines that the updated notices to PBGC and to all the contents of the notice of insolvency plan’s resources are not sufficient to pay participants and beneficiaries only if and notice of insolvency benefit level by the promised level of benefits stated in there is a change in the amount of eliminating outdated information and, the plan when due during the plan year, benefits paid that affects participants the plan sponsor must suspend benefits and beneficiaries generally. If a 10 Section 4000.3(b)(4) of PBGC’s regulation on above the amount that assets will cover. participant or beneficiary enters pay Filing, Issuance, Computation of Time, and Record However, benefits may not be reduced status or is reasonably expected to enter Retention requires, with exceptions, filings to PBGC under parts 4041A, 4245, and 4281 to be made to an amount less than the PBGC pay status during the insolvency year, or electronically in accordance with the instructions guarantee level. Plan sponsors that are there is a change in benefit level that on PBGC’s website, except as otherwise provided by not able to pay benefits at the promised affects only one participant or PBGC.

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consistent with MPRA, by removing required to be issued by the later of 90 plans that were not insolvent. Of that references to reorganization in the days before the beginning of the total, there were 46 plans whose notice of insolvency regulation. The insolvency year, or 30 days after the nonforfeitable benefits have a present final rule changes the permissible date the insolvency determination is value of $25 million or less that will be methods of issuance to alternate payees made. able to use an actuarial valuation for 5 for the notices in parts 4245 and 4281 years instead of 3 years for annual Executive Orders 12866, 13563, and to exclude the methods of posting the savings of approximately $73,600 (46 × 13771 notice at participants’ work sites or $12,000 × .1333 (1/3–1/5)) and 9 plans publishing the notice in a union PBGC has determined that this whose nonforfeitable benefits have a newsletter or in a newspaper of general rulemaking is not a ‘‘significant present value in the range of $25 to $50 circulation in the area or areas where regulatory action’’ under Executive million that will be able to use an participants reside. The final rule also Order 12866 and Executive Order actuarial valuation for 5 years instead of adopts the proposed rule’s clarifications 13771. Accordingly, this final rule is 1 year for annual savings of and other editorial changes to parts exempt from Executive Order 13771 and approximately $216,000 (9 × $30,000 × 4245 and 4281. OMB has not reviewed the rule under .8 (1–1/5)). PBGC estimates annual Executive Order 12866. aggregate savings of approximately Application for Financial Assistance Executive Orders 12866 and 13563 $289,600 to these plans. In the year The plan sponsor of a multiemployer direct agencies to assess all costs and ended September 30, 2018, there were plan must apply to PBGC for financial benefits of available regulatory 78 insolvent plans. Of that total, there assistance if the plan sponsor alternatives and, if regulation is were 14 insolvent plans whose determines that the plan’s resource necessary, to select regulatory nonforfeitable benefits have a present benefit level will be below the level of approaches that maximize net benefits value exceeding $50 million. As PBGC benefits guaranteed by PBGC or that the (including potential economic, currently obtains actuarial valuations plan will be unable to pay guaranteed environmental, public health and safety from these insolvent plans and provides benefits when due for any month during effects, distributive impacts, and financial assistance for the cost of the year. Section 4281.47 of PBGC’s equity). Executive Order 13563 performing the actuarial valuations, duties of plan sponsor regulation emphasizes the importance of PBGC believes there is no additional requires a plan sponsor to file an initial quantifying both costs and benefits, of cost under this final rule for performing application with PBGC at the same time reducing costs, of harmonizing rules, insolvent plan actuarial valuations. that it files a notice of insolvency and of promoting flexibility. This final The savings under the final rule are benefit level. When the plan sponsor rule is associated with PBGC’s ongoing offset by the annual cost of the actuarial determines an inability to pay retrospective review program to identify valuation and alternative valuation guaranteed benefits for any month, the and ameliorate inconsistencies, filing requirements. PBGC estimates that plan sponsor must file a recurring inaccuracies, and requirements made each year, approximately 34 plans will application within 15 days after the irrelevant over time. file actuarial valuations and plan sponsor makes the determination. Although this is not a significant approximately 12 plans will file To provide PBGC adequate time to regulatory action under Executive Order alternative valuation information. As review applications for financial 12866, PBGC has examined the discussed below under the Paperwork assistance, the final rule requires an economic implications of this final rule Reduction Act analysis, PBGC estimates initial application to be filed no later and has concluded that the amendments an annual aggregate hour burden of 20 than 90 days before the first day of the to the annual actuarial valuation hours at an estimated dollar equivalent month for which the plan sponsor has requirements and notice of insolvency of $1,500 and an annual aggregate cost determined that the resource benefit and notice of insolvency benefit level burden of $8,000. level will be below the level of will reduce costs for multiemployer The annual aggregate savings offset by guaranteed benefits. The final rule plans by approximately $540,400. The the annual cost of the filing requires a recurring application to be analysis is as follows. requirements is $280,100 filed as soon as practicable after the ($289,600¥$1,500¥$8,000). plan sponsor determines the plan will Annual Actuarial Valuation be unable to pay guaranteed benefits Requirement Withdrawal Liability Filing when due for a month and makes other PBGC has estimated the value of this Under the final rule, PBGC expects to editorial changes. The contents of the final rule for the annual actuarial receive withdrawal liability information applications for financial assistance are valuation requirements for plans from approximately 140 plans. As moved from the regulations to terminated by mass withdrawal that are discussed below under the Paperwork instructions on PBGC’s website. One not insolvent. PBGC has assumed an Reduction Act analysis, PBGC estimates commenter suggested that the final rule annual actuarial valuation cost of an annual hour burden of 140 hours at require a statement to be added to the $12,000 per plan for plans whose an estimated dollar equivalent of annual funding notice when a plan nonforfeitable benefits have a present $10,500 and an annual cost burden of sponsor submits an application for value of $25 million or less and a cost $56,000. financial assistance to alert participants of $30,000 per plan for plans whose about the status of the plan. Because the nonforfeitable benefits have a present Annual Notice Updates annual funding notice is an ERISA title value in the range of $25 to $50 As discussed below under the I disclosure, PBGC does not have the million.11 In the year ended September Paperwork Reduction Act analysis, authority to require such a statement. 30, 2018, there were 64 terminated PBGC estimates that the annual hour However, as discussed earlier in the burden of preparing the notice of preamble, the notice of insolvency and 11 The cost of an actuarial valuation varies greatly insolvency and notice of insolvency notice of insolvency benefit level by plan size. Based on plan actuary experience, an benefit level without the final rule is actuarial valuation for a smaller plan where the contain similar information to notify present value of the plan’s nonforfeitable benefits approximately 1,320 hours (20 + 1,300) participants about the solvency of the is $50 million or less may cost approximately at an estimated dollar equivalent of plan and, under the final rule, are $10,000 to $35,000. $99,000 and the annual aggregate cost is

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approximately $627,400 ($12,000 + plans is an appropriate substitute for 30, 2021). PBGC estimates that without $615,400). This estimate is based on an evaluating the effect on small entities. the final rule there would be 2,111 estimated 11 plans required to issue the The definition of small entity notices and responses and that the notice of insolvency and 55 plans considered appropriate for this purpose notice of termination and other required to issue an annual update to differs, however, from a definition of requirements in part 4041A would have the notice of insolvency benefit level. small business based on size standards an annual burden of 69 hours and an Allowing plans to issue a combined promulgated by the Small Business annual cost of $50,000. notice and eliminating most of the Administration (13 CFR 121.201) PBGC estimates that the changes to annual updates to the notice of pursuant to the Small Business Act. file withdrawal liability information insolvency benefit level reduces the PBGC therefore requested comments on electronically will have a minimal hour annual hour burden to 256 hours (16 + the appropriateness of the size standard and cost burden as it is expected that 240) at an estimated dollar equivalent of used in evaluating the impact on small the information is easily accessible and $19,200 and the annual aggregate cost to entities of the proposed amendments. that most plans will use documents $380,400 ($10,000 + $370,400), saving PBGC did not receive any such already prepared containing withdrawal plans approximately $326,800 comments. liability information. PBGC estimates ($99,000¥$19,200 + that approximately 140 plans will file Certification $627,400¥$380,400). withdrawal liability information and On the basis of its definition of small that it will take each plan sponsor Regulatory Flexibility Act entity, PBGC certifies under section approximately 2 hours to electronically The Regulatory Flexibility Act 605(b) of the Regulatory Flexibility Act file the information. PBGC further imposes certain requirements with (5 U.S.C. 601 et seq.) that the estimates that the filings will be respect to rules that are subject to the amendments in this rule will not have completed by pension fund office staff notice and comment requirements of a significant economic impact on a (50%) and outside attorneys (50%). The section 553(b) of the Administrative substantial number of small entities. total hour burden is approximately 140 Procedure Act and that are likely to Based on data for the 2018 fiscal year, hours of pension fund office time at an have a significant economic impact on PBGC estimates that only 15 small plans estimated dollar equivalent of $10,500 a substantial number of small entities. of the approximately 1,400 plans (based on an assumed hourly rate of $75 Unless an agency determines that a rule covered by PBGC’s multiemployer for administrative, clerical, and is not likely to have a significant program will be required to file supervisory time). The total cost burden economic impact on a substantial withdrawal liability information and an is approximately $56,000 (based on 140 number of small entities, section 603 of actuarial valuation or alternative contracted hours assuming an average the Regulatory Flexibility Act requires valuation information under the final hourly rate of $400). that the agency present a regulatory rule. While this is not a substantial PBGC expects that an estimated 34 flexibility analysis at the time of the number of small plans, the final rule plans (23 plans with nonforfeitable publication of the final rule describing provides less burdensome filing benefits that exceed $50 million plus 11 the impact of the rule on small entities requirements for small plans. Most plans with nonforfeitable benefits of $50 and seeking public comment on such small plans are not required to file million or less) will file actuarial impact. Small entities include small actuarial valuations. An estimated 12 of valuations and that it will take each businesses, organizations and the small plans are insolvent and have plan 30 minutes to file the information governmental jurisdictions. nonforfeitable benefits less than $50 electronically (approximately 17 hours million, enabling these plans to file for 34 plans). PBGC expects that an Small Entities alternative valuation information. In estimated 12 plans receiving financial For purposes of the Regulatory addition, the final rule will reduce assistance from PBGC will file Flexibility Act requirements with administrative burden for preparing alternative valuation information and respect to this final rule, PBGC notices for terminated plans and that it will take each plan 2 hours to file considers a small entity to be a plan insolvent plans, including small plans. the information electronically with fewer than 100 participants. This An estimated three small plans will be (approximately 24 hours for 12 plans). is substantially the same criterion PBGC relieved of the burden to prepare and PBGC further estimates that the filings uses in other regulations 12 and is distribute an annual notice of will be completed by pension fund consistent with certain requirements in insolvency benefit level update to office staff (50%) and outside attorneys title I of ERISA 13 and the Code,14 as participants and beneficiaries. (50%). The total estimated hour burden well as the definition of a small entity Accordingly, as provided in section 605 to file the actuarial valuations and to that the Department of Labor has used of the Regulatory Flexibility Act (5 complete and file the alternative for purposes of the Regulatory U.S.C. 601 et seq.), sections 603 and 604 valuation information is approximately Flexibility Act.15 do not apply. 20 hours of pension fund office time at Thus, PBGC believes that assessing an estimated dollar equivalent of $1,500 the impact of the final rule on small Paperwork Reduction Act (based on an assumed hourly rate of $75 PBGC is submitting the information for administrative, clerical, and 12 See, e.g., special rules for small plans under requirements under this final rule to the supervisory time). PBGC estimates the part 4007 (Payment of Premiums). Office of Management and Budget total cost burden is $8,000 (based on 13 See, e.g., ERISA section 104(a)(2), which (OMB) under the Paperwork Reduction approximately 20 contracted hours permits the Secretary of Labor to prescribe simplified annual reports for pension plans that Act. An agency may not conduct or assuming an average hourly rate of cover fewer than 100 participants. sponsor, and a person is not required to $400). 14 See, e.g., Code section 430(g)(2)(B), which respond to, a collection of information PBGC estimates that with the final permits plans with 100 or fewer participants to use unless it displays a currently valid OMB rule there will be approximately 2,300 valuation dates other than the first day of the plan control number. notices and responses each year and year. 15 See, e.g., Department of Labor’s final rule on The collection of information in part that the total annual burden of the Prohibited Transaction Exemption Procedures, 76 4041A is approved under control collection of information is an hour FR 66637, 66644 (Oct. 27, 2011). number 1212–0020 (expires November burden of about 229 hours for pension

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fund office time (69 + 140 + 20) at an For the reasons given above, PBGC is ■ ii. Removing ‘‘shall sign and file the estimated dollar equivalent of $17,175 amending 29 CFR parts 4041A, 4245, Notice’’ and adding in its place ‘‘must and a cost burden for work by outside and 4281 as follows: sign and file the notice’’; consultants of $114,000 ($50,000 + ■ c. Amend paragraphs (c)(1) and (2) by $56,000 + $8,000). PART 4041A—TERMINATION OF removing ‘‘the Notice shall be filed with The collection of information in part MULTIEMPLOYER PLANS the PBGC’’ and adding in its place ‘‘the notice must be filed with PBGC’’; and 4245 is approved under control number ■ 1212–0033 (expires November 30, 1. The authority citation for part ■ d. Amend paragraph (d) by removing 2021). PBGC estimates that only 1 plan 4041A is revised to read as follows: ‘‘Filings to PBGC’’ and adding in its will issue new notices of insolvency Authority: 29 U.S.C. 1302(b)(3), 1341a, place ‘‘Filings with PBGC’’. under part 4245 and that each year there 1431, 1441. ■ 4. Revise § 4041A.12 to read as will be 1,038 notices or combined ■ 2. In § 4041A.2: follows: notices issued to participants and ■ a. Revise the introductory text; beneficiaries, PBGC, and other § 4041A.12 Contents of notice. ■ b. Remove the phrase ‘‘In addition, for interested parties. PBGC estimates that (a) Information to be contained in purposes of this part:’’; notice. A notice of termination under without the final rule the annual hour ■ burden would be 20 hours and the c. Add in alphabetical order a § 4041A.11 required to be filed with annual cost burden would be $12,000. definition for ‘‘Actuarial valuation’’; PBGC must contain the information and ■ The final rule will reduce the burden by d. Amend the definition of ‘‘Available certification specified in the allowing plans to combine the notice of resources’’ by removing ‘‘, for a plan instructions for the notice of insolvency and the notice of insolvency year,’’; termination on PBGC’s website ■ benefit level and by eliminating most of e. Amend the definition of ‘‘Benefits (www.pbgc.gov). the annual updates to participants and subject to reduction’’ by removing ‘‘the (b) Additional information. In beneficiaries. PBGC estimates that the PBGC’s’’ and adding in its place addition to the information required final rule will reduce the annual hour ‘‘PBGC’s’’; under paragraph (a) of this section, burden to 16 hours of pension fund ■ f. Amend the definition of ‘‘Financial PBGC may require the submission of office time at an estimated dollar assistance’’ by removing ‘‘the PBGC’’ any other information that PBGC equivalent of $1,200 and the annual cost and adding in its place ‘‘PBGC’’; determines is necessary for review of a burden for work by outside consultants ■ g. Amend the definition of notice of termination. ‘‘Insolvency benefit level’’ by removing to $10,000. § 4041A.21 [Amended] The collection of information in part ‘‘the PBGC’’ and adding in its place 4281 is approved under control number ‘‘PBGC’’; ■ 5. In § 4041A.21: 1212–0032 (expires November 30, ■ h. Amend the definition of ■ a. Amend the first sentence by 2021). PBGC expects to receive the ‘‘Insolvent’’ by removing in the first removing ‘‘shall’’ and adding in its following notices under part 4281: 1 sentence ‘‘that a plan is’’ and by place ‘‘must’’; and notice of benefit reduction; 10 notices of removing the second sentence; and ■ b. Amend the second sentence by insolvency; 55 notices of insolvency ■ i. Amend the definition of removing ‘‘shall be’’ and adding in its benefit level; 10 initial applications for ‘‘Nonguaranteed benefits’’ by removing place ‘‘is’’. ‘‘the PBGC’s’’ and adding in its place financial assistance; and 300 non-initial ■ ‘‘PBGC’s’’. 6. In § 4041A.23: applications for financial assistance. ■ a. Revise the section heading; The revision and addition read as PBGC estimates that without the final ■ b. Designate the undesignated text as follows: rule the annual hour burden would be paragraph (a) and add a heading for 1,300 hours at an estimated dollar § 4041A.2 Definitions. newly designated paragraph (a); equivalent of $97,500 and the annual ■ c. Amend newly designated paragraph cost burden would be $615,400. Under The following terms are defined in § 4001.2 of this chapter: annuity, ERISA, (a) by: the final rule, most of the annual ■ i. Removing ‘‘the PBGC’’ and adding updates to the notice of insolvency insurer, IRS, mass withdrawal, multiemployer plan, nonforfeitable in its place ‘‘PBGC’’; benefit level will be eliminated unless ■ benefit, PBGC, plan, and plan year. In ii. Removing ‘‘shall be responsible for there is a change in benefit level. PBGC determining, imposing and collecting’’ estimates the change will reduce the addition, for purposes of this part: Actuarial valuation means a report and adding in its place ‘‘must number of plans issuing notices of determine, give notice of, and collect’’; insolvency benefit level from 55 plans submitted to a plan of a valuation of plan assets and liabilities that is and to approximately 5 plans. PBGC ■ iii. Removing ‘‘part 4219, subpart C,’’ estimates that 13,826 notices and performed in accordance with subpart B of part 4281 of this chapter. and adding in its place ‘‘subpart C of applications will be issued annually part 4219’’; and under part 4281. PBGC estimates that * * * * * ■ d. Add paragraph (b). the final rule will reduce the annual § 4041A.11 [Amended] The revision and additions read as hour burden of pension fund office time follows: to 240 hours at an estimated dollar ■ 3. In § 4041A.11: equivalent of $18,000 and the annual ■ a. Amend paragraph (a) by removing § 4041A.23 Withdrawal liability. cost burden for work by outside ‘‘A Notice of Termination shall be filed (a) Collection of withdrawal liability. consultants to $370,400. with the PBGC’’ and adding in its place *** ‘‘A notice of termination must be filed (b) Filing of withdrawal liability List of Subjects in 29 CFR Parts 4041A, with PBGC’’; information. For each employer that has 4245, and 4281 ■ b. Amend paragraph (b) by: withdrawn from the plan, the plan Employee benefit plans, Pension ■ i. In the paragraph heading, removing sponsor must file with PBGC, not later insurance, Reporting and recordkeeping ‘‘shall’’ and adding in its place ‘‘must’’; than 180 days after the end of the plan requirements. and year in which the plan terminates and

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each plan year thereafter, the (i) Amend the plan to reduce benefits document was previously filed with information specified in the withdrawal subject to reduction (if any) in PBGC. liability instructions on PBGC’s website accordance with the procedures in (iii) Information reasonably necessary (www.pbgc.gov). subpart C of part 4281 of this chapter to for PBGC to prepare an actuarial ■ 7. Revise § 4041A.24 to read as the extent necessary to ensure that the valuation as specified in the valuation follows: plan’s assets are sufficient to discharge instructions on PBGC’s website when due all of the plan’s obligations (www.pbgc.gov). § 4041A.24 Plan valuations and with respect to nonforfeitable benefits ■ monitoring. 8. In § 4041A.25: or, if that result cannot be achieved, to ■ a. Revise paragraphs (a) and (b); (a) Annual valuation requirement. the maximum extent possible; and ■ b. Amend paragraph (c) by removing The plan sponsor of a plan must have (ii) If, after implementing the ‘‘shall’’ and adding in its place ‘‘must’’; actuarial valuations performed in provisions of paragraph (b)(2)(i) of this and accordance with this section and with section, the plan’s assets are insufficient ■ c. Revise paragraph (d). subpart B of part 4281 of this chapter. to discharge when due all of the plan’s The revisions read as follows: (1) Termination year valuation. The obligations with respect to plan sponsor of a plan must have an nonforfeitable benefits, make § 4041A.25 Periodic determinations of plan actuarial valuation performed for the determinations of plan solvency in solvency. plan for the plan year in which the plan accordance with § 4041A.25. (a) Annual insolvency determination. terminates. (3) Notices of benefit reduction. The A plan that has no benefits subject to (2) High-obligation valuations. If the plan sponsor of a plan that is amended reduction and has assets insufficient to present value of a plan’s nonforfeitable to reduce benefits under paragraph discharge when due all of the plan’s benefits exceeds $50 million according (b)(2)(i) of this section must provide obligations with respect to to the most recent actuarial valuation participants and beneficiaries and PBGC nonforfeitable benefits must make under this paragraph (a), the plan notice of the benefit reduction in periodic determinations of plan sponsor must have an actuarial accordance with § 4281.32 of this solvency in accordance with this valuation performed for the plan for chapter. paragraph (a). No later than six months each plan year. (c) Alternative method of before the beginning of the applicable (3) Low-obligation valuations. If the compliance—(1) Applicability. This plan year described in this paragraph present value of a plan’s nonforfeitable paragraph (c) applies to a plan that (a), or as soon as practicable after the benefits does not exceed $50 million meets both of the following plan sponsor determines the applicable according to the most recent actuarial requirements— plan year, and no later than six months valuation under this paragraph (a), the (i) The plan is receiving financial before each plan year thereafter, the plan sponsor may treat that actuarial assistance from PBGC for the plan year plan sponsor must determine in writing valuation as the actuarial valuation for following the plan year for which an whether the plan is expected to be each of the four plan years following the actuarial valuation is required under insolvent for such plan year. The plan year for which the actuarial paragraph (a) of this section. applicable plan year is— valuation was performed. (ii) The present value of the plan’s (1) For a plan that had no benefits (4) Timing and filing. Each actuarial nonforfeitable benefits does not exceed valuation under this paragraph (a) must subject to reduction when it terminated, $50 million according to the most recent the plan year the plan terminated; or be performed within 150 days after the actuarial valuation under paragraph (a) end of the plan year for which it is (2) For a plan that eliminated benefits of this section. subject to reduction by amendment after performed and must be filed with PBGC (2) Alternative compliance within 180 days after the end of that termination, the plan year in which the requirements. A plan sponsor is amendment that eliminated all (or all plan year in accordance with the considered to comply with the actuarial valuation instructions on PBGC’s remaining) benefits subject to reduction valuation and filing requirements of is effective. website (www.pbgc.gov). paragraph (a) of this section if both— (b) Other determination of insolvency. (5) Exception for plans closing out. (i) The plan sponsor files with PBGC Whether or not a prior determination of Notwithstanding paragraphs (a)(1) the information in paragraph (c)(3) of plan insolvency has been made under through (4) of this section, no actuarial this section within the time required for paragraph (a) of this section (or under valuation is required for the plan year filing the actuarial valuation under section 4245 of ERISA), a plan sponsor in which a plan closes out under paragraph (a)(4) of this section; and subpart D of this part. (ii) If, within 90 days after the plan that has reason to believe, taking into (b) Plan monitoring; benefit sponsor makes the filing described in account the plan’s recent and reductions—(1) Applicability. This paragraph (c)(2)(i) of this section, PBGC anticipated financial experience, that paragraph (b) applies to a plan that is requests other information reasonably the plan is insolvent in the current plan not receiving financial assistance from required to determine the plan’s assets year or is expected to be insolvent in the PBGC for the plan year following the and liabilities, the plan sponsor files next plan year must determine in plan year for which an actuarial such other information within 60 days writing whether the plan is or is valuation is performed under paragraph after PBGC’s request. expected to be insolvent for that plan (a) of this section. (3) Information to be provided. The year. (2) Funding level determination. Upon information the plan sponsor must file * * * * * the plan sponsor’s receipt of each with PBGC under paragraph (c)(2)(i) of (d) Insolvency notices. If the plan actuarial valuation under paragraph (a) this section is all of the following: sponsor determines that the plan is of this section, the plan sponsor must (i) The most recent summary plan insolvent in the current plan year or is determine whether the value of description of the plan or the date the expected to be insolvent in the next nonforfeitable benefits exceeds the document was previously filed with plan year it must provide notices of value of plan assets (including PBGC. insolvency and notices of insolvency withdrawal liability claims). If it does, (ii) The most recent actuarial benefit level to PBGC and to then the plan sponsor must— valuation of the plan or the date the participants and beneficiaries in

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accordance with subpart D of part 4281 (4) Where to file. Filings with PBGC year or is expected to be insolvent in the of this chapter. under this part must be made as next plan year must file with PBGC a ■ 9. Under the authority of 29 U.S.C. described in § 4000.4 of this chapter. notice of insolvency containing the 1302(b)(3), revise the heading for (5) Computation of time. The time information described in § 4245.4(a) and subchapter J to read as follows: period for filing or issuance under this must issue to interested parties a notice part must be computed under the rules of insolvency containing the SUBCHAPTER J—INSOLVENCY, in subpart D of part 4000 of this chapter. information described in § 4245.4(b). TERMINATION, AND OTHER RULES ■ Once notices of insolvency with respect APPLICABLE TO MULTIEMPLOYER PLANS 13. In § 4245.2: ■ a. Revise the introductory text; to a plan have been provided as PART 4245—DUTIES OF PLAN ■ b. Remove the phrase ‘‘In addition, for required, no notices of insolvency need SPONSOR OF AN INSOLVENT PLAN purposes of this part:’’; be provided with respect to the plan for ■ c. Revise the definition of ‘‘Actuarial any subsequent plan year. A notice of ■ 10. The authority citation for part valuation’’; insolvency may be combined with a 4245 is revised to read as follows: ■ d. Amend the definition of ‘‘Available notice of insolvency benefit level under resources’’ by removing ‘‘, for a plan § 4245.5 for the same plan year. Authority: 29 U.S.C. 1302(b)(3), 1341a, (b) When to provide notice. The plan 1431, 1426(e). year,’’; ■ e. Amend the definition of ‘‘Benefits sponsor must provide the notices of ■ 11. Revise the heading for part 4245 subject to reduction’’ by removing ‘‘the insolvency under paragraph (a) of this to read as set forth above. PBGC’s’’ and adding in its place section at the time described in ‘‘PBGC’s’’; § 4281.43(b) of this chapter. ■ 12. Revise § 4245.1 to read as follows: ■ f. Amend the definition of ‘‘Financial ■ 15. Revise § 4245.4 to read as follows: § 4245.1 Purpose, scope, and filing and assistance’’ by removing ‘‘the PBGC’’ § 4245.4 Contents of notice of insolvency. issuance rules. and adding in its place ‘‘PBGC’’; ■ g. Amend the definition of (a) Notice to PBGC. A notice of (a) Purpose and scope. This part insolvency under § 4245.3 required to prescribes insolvency notice ‘‘Insolvency benefit level’’ by removing ‘‘the PBGC’’ and adding in its place be filed with PBGC must contain the requirements and financial assistance information and certification specified requirements pertaining to critical status ‘‘PBGC’’; ■ h. Amend the definition of in the notice of insolvency instructions plans. Plan sponsors of plans that have on PBGC’s website (www.pbgc.gov). terminated by mass withdrawal under ‘‘Insolvent’’ by removing in the first sentence ‘‘that a plan is’’ and by (b) Notices to interested parties. A section 4041A(a)(2) of ERISA are notice of insolvency under § 4245.3 required to file and issue similar removing the second sentence; ■ i. Add in alphabetical order a required to be given to interested parties insolvency notices under part 4281 of must contain all of the following this chapter and withdrawal liability definition for ‘‘Interested parties’’; and ■ j. Remove the definition of information— and actuarial valuation information (1) The information set forth in under part 4041A of this chapter. ‘‘Reorganization’’. The revisions and addition read as § 4281.44(b)(1) through (4) of this (b) Filing and issuance rules—(1) follows: chapter. Method of filing. Filing with PBGC (2) The estimated total amount of under this part must be made by a § 4245.2 Definitions. annual benefit payments under the plan method permitted under the rules in The following terms are defined in (determined without regard to the subpart A of part 4000 of this chapter. § 4001.2 of this chapter: Employer, insolvency) for the insolvency year. (2) Method of issuance. The issuance ERISA, IRS, multiemployer plan, (3) The estimated amount of the of the required notices to interested nonforfeitable benefit, PBGC, person, plan’s available resources for the parties under this part must be made by plan, and plan year. In addition, for insolvency year. one of the following methods— purposes of this part: ■ 16. Revise § 4245.5 to read as follows: (i) A method permitted under the Actuarial valuation means a report § 4245.5 Notice of insolvency benefit level. rules in subpart B of part 4000 of this submitted to a plan of a valuation of (a) Requirement of notice. The plan chapter. plan assets and liabilities that is sponsor of an insolvent plan must file performed in accordance with subpart B (ii) For interested parties other than with PBGC and issue to interested of part 4281 of this chapter. participants and beneficiaries in pay parties notices of insolvency benefit status or reasonably expected to enter * * * * * level containing the information pay status during the insolvency year Interested parties means, with respect described in § 4245.6 in each of the for which the notice is given, and other to a plan— following circumstances— than alternate payees, the plan sponsor (1) Employers required to contribute (1) For the initial insolvency year, may post the notice at participants’ to the plan; provide the notices of insolvency work sites or publish the notice in a (2) Employee organizations that, for benefit level to PBGC and to interested union newsletter or in a newspaper of collective bargaining purposes, parties. general circulation in the area or areas represent plan participants employed by (2) For any insolvency year following where participants reside. Except with such employers; and the initial insolvency year— respect to an alternate payee, notice to (3) Plan participants and (i) If there is a change in the a participant is deemed notice to that beneficiaries. insolvency benefit level that affects plan participant’s beneficiary or * * * * * payees generally, provide the notices of beneficiaries. ■ 14. Revise § 4245.3 to read as follows: insolvency benefit level to PBGC and to (3) Filing and issuance dates. The plan payees (which, for purposes of this date that a filing is sent and the date that § 4245.3 Notice of insolvency. section, means participants and an issuance is provided are determined (a) Requirement of notice. The plan beneficiaries in pay status or reasonably under the rules in subpart C of part 4000 sponsor of a plan that determines that expected to enter pay status during the of this chapter. the plan is insolvent in the current plan insolvency year).

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(ii) If there is a change in the § 4233.14 of this chapter must issue to ■ g. Amend the definition of insolvency benefit level that affects only participants and beneficiaries any notice ‘‘Insolvency benefit level’’ by removing one plan payee or a class of plan payees required under the partition order and ‘‘the PBGC’’ and adding in its place but not plan payees generally (treating is not required to file or issue notices ‘‘PBGC’’; commencement of a person’s benefits under § 4245.3 or § 4245.5. ■ h. Amend the definition of for this purpose as a change in the ■ 19. Revise § 4245.8 to read as follows: ‘‘Insolvent’’ by removing in the first insolvency benefit level for that person), sentence ‘‘that a plan is’’ and by provide the notices of insolvency § 4245.8 Financial assistance. removing the second sentence; and benefit level to PBGC and to each (a) Application for financial ■ i. Amend the definition of ‘‘Pro rata’’ affected plan payee. assistance. If the plan sponsor of a plan by removing ‘‘shall’’ and adding in its (b) Combined notices. The plan determines that the plan’s resource place ‘‘must’’. sponsor may combine a notice of benefit level for an insolvency year is The revision and addition read as insolvency benefit level and a notice of below the level of benefits guaranteed follows: insolvency under § 4245.3 for the same by PBGC or that the plan will be unable § 4281.2 Definitions. plan year. to pay guaranteed benefits when due for (c) When to provide notice. The plan any month during the year, the plan The following terms are defined in sponsor must provide the required sponsor must apply to PBGC for § 4001.2 of this chapter: annuity, notices under this section at the time financial assistance pursuant to section employer, ERISA, fair market value, IRS, described in § 4281.45(c) of this chapter. 4261 of ERISA and in accordance with insurer, irrevocable commitment, mass ■ 17. Revise § 4245.6 to read as follows: § 4281.47 of this chapter. withdrawal, multiemployer plan, (b) Actuarial valuations and nonforfeitable benefit, normal § 4245.6 Contents of notice of insolvency withdrawal liability. The plan sponsor retirement age, PBGC, person, plan, plan benefit level. of an insolvent plan or a terminated administrator, and plan year. In (a) Notice to PBGC. A notice of plan that is expected to become addition, for purposes of this part: insolvency benefit level under insolvent under section 4245 of ERISA Actuarial valuation means a report § 4245.5(a) required to be filed with must— submitted to a plan of a valuation of PBGC must contain the information and (1) File withdrawal liability plan assets and liabilities that is certification specified in the notice of information with PBGC in accordance performed in accordance with subpart B insolvency benefit level instructions on with § 4041A.23 of this chapter. The of this part. PBGC’s website (www.pbgc.gov). filing under § 4041A.23(b) of this * * * * * (b) Notices to interested parties other chapter must be not later than 180 days ■ 22. Revise § 4281.3 to read as follows: than participants and beneficiaries in or after the earlier of the end of the plan entering pay status. A notice of year in which the plan becomes § 4281.3 Filing and issuance rules. insolvency benefit level under insolvent or terminates and each plan (a) Method of filing. Filing with PBGC § 4245.5(a) required to be delivered to year thereafter. under this part must be made by a interested parties, other than to (2) Have performed and file with method permitted under the rules in participants and beneficiaries in pay PBGC actuarial valuations in accordance subpart A of part 4000 of this chapter. status or reasonably expected to enter with § 4041A.24 of this chapter, except (b) Method of issuance. The notices pay status during the insolvency year, that if a plan is not terminated, the under this part must be issued to must include all of the following termination year valuation under participants and beneficiaries by the information— § 4041A.24(a)(1) of this chapter must be methods provided in § 4281.32(c) for (1) The name of the plan. performed for the plan for the plan year notices of benefit reductions, (2) The plan year for which the notice in which the plan becomes insolvent. § 4281.43(c) for notices of insolvency, is issued. and § 4281.45(d) for notices of (3) The estimated amount of annual PART 4281—DUTIES OF PLAN insolvency benefit level. benefit payments under the plan SPONSOR FOLLOWING MASS (c) Filing and issuance dates. The date (determined without regard to the WITHDRAWAL that a filing is sent and the date that an insolvency) for the insolvency year. issuance is provided are determined (4) The estimated amount of the ■ 20. The authority citation for part under the rules in subpart C of part 4000 plan’s available resources for the 4281 is revised to read as follows: of this chapter. insolvency year. Authority: 29 U.S.C. 1302(b)(3), 1341(a), (d) Where to file. Filings with PBGC (5) The amount of financial 1399(c)(1)(D), 1431, and 1441. under this part must be made as assistance, if any, requested from PBGC. described in § 4000.4 of this chapter. (c) Notices to participants and ■ 21. In § 4281.2: (e) Computation of time. The time beneficiaries in or entering pay status. A ■ a. Revise the introductory text; period for filing or issuance under this notice of insolvency benefit level under ■ b. Remove the phrase ‘‘In addition, for part must be computed under the rules § 4245.5(a) required to be delivered to purposes of this part:’’; in subpart D of part 4000 of this chapter. participants and beneficiaries in pay ■ c. Add in alphabetical order a status or reasonably expected to enter definition for ‘‘Actuarial valuation’’; § 4281.11 [Amended] pay status during the insolvency year ■ d. Amend the definition of ‘‘Available ■ 23. In § 4281.11: for which the notice is given must resources’’ by removing ‘‘, for a plan ■ a. Amend paragraph (a) by: include the information set forth in year,’’; ■ i. In the paragraph heading, removing § 4281.46(b)(1) through (7) of this ■ e. Amend the definition of ‘‘Benefits ‘‘Annual valuations’’ and adding in its chapter. subject to reduction’’ by removing ‘‘the place ‘‘Annual actuarial valuation’’; ■ 18. Revise § 4245.7 to read as follows: PBGC’s’’ and adding in its place ■ ii. Removing ‘‘annual valuation’’ and ‘‘PBGC’s’’; adding in its place ‘‘annual actuarial § 4245.7 Successor plan. ■ f. Amend the definition of ‘‘Financial valuation’’; The plan sponsor of a successor plan assistance’’ by removing ‘‘the PBGC’’ ■ iii. Removing ‘‘shall be’’ and adding in created by a partition order under and adding in its place ‘‘PBGC’’; its place ‘‘are’’; and

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■ iv. Removing ‘‘year thereafter’’ and with the first benefit payment made benefit level containing the information adding in its place ‘‘year thereafter for after the date the insolvency described in § 4281.46(a) and issue to which an actuarial valuation is required determination is made. plan payees (which, for purposes of this to be performed under § 4041A.24 of (c) Method of issuance to participants section, means participants and this chapter’’; and and beneficiaries. The issuance of the beneficiaries in pay status or reasonably ■ b. Amend paragraph (b) introductory notice of insolvency to participants and expected to enter pay status during the text by removing ‘‘shall be’’ and adding beneficiaries must be made by one of insolvency year) a notice of insolvency in its place ‘‘is’’. the following methods— benefit level containing the information (1) A method permitted under the described in § 4281.46(b) in each of the § 4281.13 [Amended] rules in subpart B of part 4000 of this following circumstances— ■ 24. In § 4281.13: chapter. ■ a. Amend the introductory text by (2) For participants and beneficiaries, (1) Except as provided in paragraph removing ‘‘shall’’ and adding in its other than those in pay status or (a)(2) of this section, for the initial place ‘‘must’’; and reasonably expected to enter pay status insolvency year and for any insolvency ■ b. Amend paragraph (b) by removing during the insolvency year for which year following the initial insolvency ‘‘described in § 4281.14’’ and by adding the notice is given, and other than year, if there is a change in insolvency in its place ‘‘under § 4044.53 of this alternate payees, the plan sponsor may benefit level that affects plan payees chapter’’. post the notice at participants’ work generally, provide the notices of sites or publish the notice in a union insolvency benefit level to PBGC and to § 4281.14 [Removed and Reserved] newsletter or in a newspaper of general plan payees. ■ 25. Section 4281.14 is removed and circulation in the area or areas where (2) For any insolvency year following reserved. participants reside. Except with respect the initial insolvency year, if there is a change in the insolvency benefit level § 4281.32 [Amended] to an alternate payee, notice to a participant is deemed notice to that that affects only one plan payee or a ■ 26. In § 4281.32(c): participant’s beneficiary or class of plan payees but not plan payees ■ a. Amend the paragraph heading by beneficiaries. generally (treating commencement of a removing ‘‘to interested parties’’ and ■ 28. Revise § 4281.44 to read as person’s benefits for this purpose as a adding in its place ‘‘to participants and follows: change in the insolvency benefit level beneficiaries’’; and for that person), provide the notices of ■ b. Remove in two places ‘‘interested § 4281.44 Contents of notice of insolvency benefit level to PBGC and to parties’’ and add in their place insolvency. each affected plan payee. ‘‘participants and beneficiaries’’. (a) Notice to PBGC. A notice of (b) Combined notices. The plan ■ 27. Revise § 4281.43 to read as insolvency required under § 4281.43(a) sponsor may combine a notice of follows: to be filed with PBGC must contain the insolvency benefit level under this information and certification specified § 4281.43 Notice of insolvency. section and a notice of insolvency under in the notice of insolvency instructions § 4281.43 for the same plan year. (a) Requirement of notice. The plan on PBGC’s website (www.pbgc.gov). sponsor of a plan that determines that (b) Notice to participants and (c) When to provide notice. (1) Except the plan is insolvent in the current plan beneficiaries. A notice of insolvency as provided in paragraph (c)(2) of this year or is expected to be insolvent in the required under § 4281.43(a) to be issued section, the plan sponsor must provide next plan year must file with PBGC a to plan participants and beneficiaries the notices under this section by the notice of insolvency containing the must contain all of the following later of— information described in § 4281.44(a) information— (i) Ninety (90) days before the and issue to plan participants and (1) The name of the plan. beginning of the insolvency year; or beneficiaries a notice of insolvency (2) A statement of the plan year for (ii) Thirty (30) days after the date the containing the information described in which the plan sponsor has determined insolvency determination is made. § 4281.44(b). Once notices of insolvency that the plan is or is expected to be with respect to a plan have been insolvent. (2) The plan sponsor may deliver the provided as required, no notice of (3) A statement that benefits above the notices required under this section to insolvency need be provided with amount that can be paid from available participants and beneficiaries in pay respect to the plan for any subsequent resources or the level guaranteed by status or reasonably expected to enter year. A notice of insolvency may be PBGC, whichever is greater, will be pay status during the insolvency year combined with a notice of insolvency suspended during the insolvency year, for which the notice is given benefit level under § 4281.45 for the with a brief explanation of which concurrently with the first benefit same plan year. benefits are guaranteed by PBGC under payment made after the date the (b) When to provide notice. (1) Except section 4022A of ERISA. insolvency determination is made. as provided in paragraph (b)(2) of this (4) The name, address, and telephone (d) Method of issuance to participants section, the plan sponsor must file or number of the plan administrator or and beneficiaries. The issuance of the issue the notices of insolvency under other person designated by the plan notice of insolvency benefit level to paragraph (a) of this section by the later sponsor to answer inquiries concerning participants and beneficiaries in pay of— benefits. status or reasonably expected to enter (i) Ninety (90) days before the ■ 29. Revise § 4281.45 to read as pay status during the insolvency year beginning of the insolvency year; or follows: for which the notice is given must be (ii) Thirty (30) days after the date the made by a method permitted under the § 4281.45 Notice of insolvency benefit insolvency determination is made. rules in subpart B of part 4000 of this (2) The plan sponsor may deliver the level. chapter. notices of insolvency under paragraph (a) Requirement of notice. The plan (a) of this section to participants and sponsor of an insolvent plan must file ■ 30. Revise § 4281.46 to read as beneficiaries in pay status concurrently with PBGC a notice of insolvency follows:

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§ 4281.46 Contents of notice of insolvency (b) When, how, and where to apply— DEPARTMENT OF HOMELAND benefit level. (1) Initial application. Except as SECURITY (a) Notice to PBGC. A notice of provided in the next sentence, a plan insolvency benefit level required by sponsor must apply for financial Coast Guard § 4281.45(a) to be filed with PBGC must assistance no later than 90 days before contain the information and the first day of the month for which the 33 CFR Part 100 certification specified in the notice of plan sponsor has determined the [Docket Number USCG–2019–0014] insolvency benefit level instructions on resource benefit level will be below the PBGC’s website (www.pbgc.gov). RIN 1625–AA08 (b) Notice to participants and level of guaranteed benefits. If a plan beneficiaries in or entering pay status. A sponsor cannot practicably apply for Special Local Regulations; Sector Ohio notice of insolvency benefit level financial assistance by the date in the Valley Annual and Recurring Special required by § 4281.45(a) to be delivered preceding sentence, the application Local Regulations Update to plan participants and beneficiaries in must be made as soon as practicable AGENCY: Coast Guard, DHS. pay status or reasonably expected to after the plan sponsor has made the enter pay status during the insolvency determination in the preceding ACTION: Final rule. sentence. year must contain all of the following SUMMARY: The Coast Guard is amending information— (2) Recurring application. A plan and updating its special local (1) The name of the plan. sponsor must apply for financial (2) The insolvency year for which the regulations relating to recurring marine assistance as soon as practicable after notice is being sent. parades, regattas, and other events that (3) The monthly benefit that the the plan sponsor determines that the take place in the Coast Guard Sector participant or beneficiary may expect to plan will be unable to pay guaranteed Ohio Valley area of responsibility receive during the insolvency year. benefits when due for a month. (AOR). This rule informs the public of (4) A statement that in subsequent (3) How and where to apply. regularly scheduled events that require plan years, depending on the plan’s Application to PBGC for financial additional safety measures through the available resources, this benefit level assistance must be made in accordance establishing of a special local regulation. Through this rulemaking the current list may be increased or decreased but not with the rules in subpart A of part 4000 of recurring special local regulations is below the level guaranteed by PBGC, of this chapter. See § 4000.4 of this and that the participant or beneficiary updated with revisions, additional chapter for information on where to events, and removal of events that no will be notified in advance of the new apply. benefit level if it is less than the longer take place in Sector Ohio Valley’s participant’s full nonforfeitable benefit (c) Contents of application—(1) Initial AOR. When these special local under the plan. application. A plan sponsor applying regulations are enforced, certain (5) The amount of the participant’s or for financial assistance because the restrictions are placed on marine traffic beneficiary’s monthly nonforfeitable plan’s resource benefit level is below in specified areas. benefit under the plan. the level of guaranteed benefits must file DATES: This rule is effective May 2, (6) The amount of the participant’s or an application that includes the 2019. beneficiary’s monthly benefit that is information specified in the instructions ADDRESSES: To view documents guaranteed by PBGC. for an application for initial financial (7) The name, address, and telephone mentioned in this preamble as being assistance on PBGC’s website available in the docket, go to https:// number of the plan administrator or (www.pbgc.gov). other person designated by the plan www.regulations.gov, type USCG–2019– sponsor to answer inquiries concerning (2) Recurring application. A plan 0014 in the ‘‘SEARCH’’ box and click benefits. sponsor applying for financial ‘‘SEARCH.’’ Click on Open Docket ■ 31. In § 4281.47: assistance because the plan is unable to Folder on the line associated with this ■ a. Amend paragraph (a) by: pay guaranteed benefits for any month rule. ■ i. In the first sentence, removing ‘‘plan must file an application that includes FOR FURTHER INFORMATION CONTACT: If sponsor determines’’ and adding in its the information specified in the you have questions on this rule, call or place ‘‘plan sponsor of a plan instructions for an application for email Petty Officer Riley Jackson, Sector determines’’ and removing ‘‘shall apply recurring financial assistance on PBGC’s Ohio Valley, U.S. Coast Guard; to the PBGC’’ and adding in its place website (www.pbgc.gov). telephone (502) 779–5347, email ‘‘must apply to PBGC’’; (3) Additional information. PBGC may [email protected]. ■ ii. In the second sentence, removing request any additional information that SUPPLEMENTARY INFORMATION: ‘‘shall’’ and adding in its place ‘‘must’’ and removing ‘‘prescribed in paragraph it needs to calculate or verify the I. Table of Abbreviations amount of financial assistance necessary (b) of this section’’ and adding in its CFR Code of Federal Regulations place ‘‘specified under paragraph (b) of as part of the conditions of granting COTP Captain of the Port Sector Ohio this section and must contain the financial assistance pursuant to section Valley information under paragraph (c) of this 4261 of ERISA. DHS Department of Homeland Security section’’; and Issued in Washington, DC. FR Federal Register ■ NPRM Notice of proposed rulemaking iii. Removing the third and fourth William Reeder, sentences; § Section ■ b. Revise paragraphs (b) and (c); and Director, Pension Benefit Guaranty U.S.C. United States Code Corporation. ■ c. Remove paragraphs (d) and (e). II. Background Information and The revisions read as follows: [FR Doc. 2019–08977 Filed 5–1–19; 8:45 am] Regulatory History BILLING CODE 7709–02–P § 4281.47 Application for financial The Captain of the Port Sector Ohio assistance. Valley (COTP) is establishing, * * * * * amending, and updating its current list

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of recurring special local regulations A. Regulatory Planning and Review significant economic impact on any codified under 33 CFR 100.801 in Table vessel owner or operator. no. 1, for the COTP Ohio Valley zone. Executive Orders 12866 and 13563 This rule will affect the following On March 28, 2019, the Coast Guard direct agencies to assess the costs and entities, some of which may be small published a notice of proposed benefits of available regulatory entities: The owners or operators of rulemaking (NPRM) titled Sector Ohio alternatives and, if regulation is vessels intending to transit the special Valley Annual and Recurring Special necessary, to select regulatory local regulation areas during periods of Local Regulations Update (84 FR approaches that maximize net benefits. enforcement. The special local 11688). During the comment period that Executive Order 13771 directs agencies regulations will not have a significant ended April 12, 2019, zero comments to control regulatory costs through a economic impact on a substantial were received. budgeting process. This rule has not number of small entities because they Under 5 U.S.C. 553(d)(3), the Coast been designated a ‘‘significant are limited in scope and will be in effect Guard finds that good cause exists for regulatory action,’’ under Executive for short periods of time. Before the making it effective less than 30 days Order 12866. Accordingly, this rule has enforcement period, the Coast Guard after publication in the Federal not been reviewed by the Office of COTP will issue maritime advisories Register. Delaying the effective date of Management and Budget (OMB), and widely available to waterway users. this rule would be impracticable and pursuant to OMB guidance it is exempt Deviation from the special local contrary to the public interest because from the requirements of Executive regulations established through this immediate action is necessary to Order 13771. rulemaking may be requested from the respond to the potential safety hazards The Coast Guard expects the appropriate COTP and requests will be associated with these marine events. economic impact of this rule to be considered on a case-by-case basis. Under section 213(a) of the Small III. Legal Authority and Need for Rule minimal, and therefore a full regulatory evaluation is unnecessary. This rule Business Regulatory Enforcement The Coast Guard’s authority for establishes special local regulations Fairness Act of 1996 (Pub. L. 104–121), establishing a special local regulation is limiting access to certain areas under 33 we want to assist small entities in contained at 33 U.S.C. 1233. The Coast CFR 100 within Sector Ohio Valley’s understanding this rule. If the rule Guard is amending and updating the AOR. The effect of this rulemaking will would affect your small business, special local regulations under 33 CFR not be significant because these special organization, or governmental part 100 to include the most up to date local regulations are limited in scope jurisdiction and you have questions list of recurring special local regulations and duration. Deviation from the special concerning its provisions or options for for events held on or around navigable local regulations established through compliance, please contact the person waters within the Sector Ohio Valley this proposed rulemaking may be listed in the FOR FURTHER INFORMATION AOR. These events include marine requested from the appropriate COTP CONTACT section. parades, boat races, swim events, and and requests will be considered on a Small businesses may send comments others. The current list under 33 CFR case-by-case basis. Broadcast Notices to on the actions of Federal employees 100.801 requires amending to provide Mariners and Local Notices to Mariners who enforce, or otherwise determine new information on existing special will inform the community of these compliance with, Federal regulations to local regulations, include new special special local regulations so that they the Small Business and Agriculture local regulations expected to recur may plan accordingly for these short Regulatory Enforcement Ombudsman annually or biannually, and to remove restrictions on transit. Vessel traffic may and the Regional Small Business special local regulations that are no request permission from the COTP Ohio Regulatory Fairness Boards. The longer required. Issuing individual Valley or a designated representative to Ombudsman evaluates these actions regulations for each new special local enter the restricted areas. annually and rates each agency’s regulation, amendment, or removal of responsiveness to small business. If you an existing special local regulation B. Impact on Small Entities wish to comment on actions by creates unnecessary administrative costs The Regulatory Flexibility Act of employees of the Coast Guard, call 1– and burdens. This rulemaking reduces 1980, 5 U.S.C. 601–612, as amended, 888–REG–FAIR (1–888–734–3247). The administrative overhead and provides requires Federal agencies to consider Coast Guard will not retaliate against the public with notice through the potential impact of regulations on small entities that question or complain publication in the Federal Register of small entities during rulemaking. The about this rule or any policy or action the upcoming recurring special local term ‘‘small entities’’ comprises small of the Coast Guard. regulations. businesses, not-for-profit organizations C. Collection of Information IV. Discussion of Comments, Changes, that are independently owned and This rule will not call for a new and the Rule operated and are not dominant in their collection of information under the As noted above, we received zero fields, and governmental jurisdictions Paperwork Reduction Act of 1995 (44 comments on our NPRM published with populations of less than 50,000. U.S.C. 3501–3520). March 28, 2019. There are no changes The Coast Guard received no comments D. Federalism and Indian Tribal in the regulatory text of this rule from from the Small Business Administration Governments the proposed rule in the NPRM. on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this A rule has implications for federalism V. Regulatory Analyses rule will not have a significant under Executive Order 13132, We developed this rule after economic impact on a substantial Federalism, if it has a substantial direct considering numerous statutes and number of small entities. effect on the States, on the relationship Executive orders related to rulemaking. While some owners or operators of between the national government and Below we summarize our analyses vessels intending to transit the special the States, or on the distribution of based on a number of these statutes and local regulation may be small entities, power and responsibilities among the Executive orders, and we discuss First for the reasons stated in section V.A various levels of government. We have Amendment rights of protestors. above this rule will not have a analyzed this rule under that Order and

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have determined that it is consistent we do discuss the effects of this rule Protesters are asked to contact the with the fundamental federalism elsewhere in this preamble. person listed in the FOR FURTHER principles and preemption requirements F. Environment INFORMATION CONTACT section to described in Executive Order13132. coordinate protest activities so that your Also, this rule does not have tribal We have analyzed this rule under message can be received without implications under Executive Order Department of Homeland Security jeopardizing the safety or security of 13175, Consultation and Coordination Directive 023–01 and Commandant people, places or vessels. with Indian Tribal Governments, Instruction M16475.1D, which guide the because it does not have a substantial Coast Guard in complying with the List of Subjects in 33 CFR Part 100 direct effect on one or more Indian National Environmental Policy Act of tribes, on the relationship between the 1969(42 U.S.C. 4321–4370f), and have Marine safety, Navigation (water), Federal Government and Indian tribes, determined that this action is one of a Reporting and recordkeeping or on the distribution of power and category of actions that do not requirements, and Waterways. responsibilities between the Federal individually or cumulatively have a For the reasons discussed in the Government and Indian tribes. If you significant effect on the human preamble, the U.S. Coast Guard amends believe this rule has implications for environment. This rule involves the 33 CFR part 100 as follows: federalism or Indian tribes, please establishment of special local contact the person listed in the FOR regulations related to marine event PART 100— SAFETY OF LIFE ON FURTHER INFORMATION CONTACT section. permits for marine parades, regattas, NAVIGABLE WATERWAYS and other marine events. It is E. Unfunded Mandates Reform Act categorically excluded from further ■ 1. The authority citation for part 100 The Unfunded Mandates Reform Act review under paragraph L61 of Figure continues to read as follows: of 1995 (2 U.S.C. 1531–1538) requires 2–1 of the Commandant Instruction. A Federal agencies to assess the effects of Record of Environmental Consideration Authority: 46 U.S.C. 70041; 33 CFR 1.05– their discretionary regulatory actions. In (REC) supporting this determination is 1. particular, the Act addresses actions available in the docket where indicated that may result in the expenditure by a in the ADDRESSES section of this ■ 2. Amend § 100.801 by revising table State, local, or tribal government, in the preamble. 1 to read as follows: aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or G. Protest Activities § 100.801 Annual Marine Events in Sector more in any one year. Though this rule The Coast Guard respects the First Ohio Valley’s AOR. will not result in such an expenditure, Amendment rights of protesters. * * * * * TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS

Date Event/sponsor Ohio valley location Regulated area

1. 3 days—Second or third weekend in Oak Ridge Rowing Association/Cardinal In- Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). March. vitational. 2. 1 day—Third weekend in March ...... Vanderbilt Rowing/Vanderbilt Invite ...... Nashville, TN ...... Cumberland River, Mile 188.0–192.7 (Ten- nessee). 3. 2 days—Fourth weekend in March ...... Oak Ridge Rowing Association/Atomic City Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Turn and Burn. 4. 1 day—One weekend in April ...... Lindamood Cup ...... Marietta, OH ...... Muskingum River, Mile 0.5–1.5 (Ohio). 5. 3 days—Third weekend in April ...... Oak Ridge Rowing Association/SIRA Re- Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). gatta. 6. 2 days—Third Friday and Saturday in Thunder Over Louisville ...... Louisville, KY ...... Ohio River, Mile 597.0–604.0 (Kentucky). April. 7. 1 day—During the last week of April or Great Steamboat Race ...... Louisville, KY ...... Ohio River, Mile 595.0–605.3 (Kentucky). first week of May. 8. 3 days—Fourth weekend in April ...... Oak Ridge Rowing Association/Dogwood Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Junior Regatta. 9. 3 days—Second weekend in May ...... Vanderbilt Rowing/ACRA Henley ...... Nashville, TN ...... Cumberland River, Mile 188.0–194.0 (Ten- nessee). 10. 3 days—Second weekend in May ...... Oak Ridge Rowing Association/Big 12 Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Championships. 11. 3 days—Third weekend in May ...... Oak Ridge Rowing Association/Dogwood Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Masters. 12. 1 day—Third weekend in May ...... World Triathlon Corporation/IRONMAN 70.3 Chattanooga, TN ...... Tennessee River, Mile 462.7–467.5 (Ten- nessee). 13. 1 day—During the last weekend in May Mayor’s Hike, Bike and Paddle ...... Louisville, KY ...... Ohio River, Mile 601.0–604.5 (Kentucky). or on Memorial Day. 14. 2 days—Last weekend in May or first Visit Knoxville/Racing on the Tennessee .... Knoxville, TN ...... Tennessee River, Mile 647.0–648.0 (Ten- weekend in June. nessee). 15. 3 days—First weekend in June ...... Outdoor Chattanooga/Chattanooga Swim Chattanooga, TN...... Tennessee River, Mile 454.0–468.0 (Ten- Festival. nessee). 16. 2 days—First weekend of June ...... Thunder on the Bay/KDBA ...... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky). 17. 1 day—First weekend in June ...... Visit Knoxville/Knoxville Powerboat Classic Knoxville, TN ...... Tennessee River, Mile 646.4–649.0 (Ten- nessee). 18. 1 day—One weekend in June ...... Tri-Louisville ...... Louisville, KY ...... Ohio River, Mile 600.5–604.0 (Kentucky). 19. 2 days—One weekend in June ...... New Martinsville Vintage Regatta ...... New Martinsville,WV ...... Ohio River Mile 127.5–128.5 (West Vir- ginia). 20. 3 days—One of the last three weekends Lawrenceburg Regatta/Whiskey City Re- Lawrenceburg, IN ...... Ohio River, Mile 491.0–497.0 (Indiana). in June. gatta. 21. 3 days—One of the last three weekends Hadi Shrine/Evansville Shriners Festival ..... Evansville, IN ...... Ohio River, Mile 790.0–796.0 (Indiana). in June. 22. 3 days—Third weekend in June ...... TM Thunder LLC/Thunder on the Cum- Nashville, TN ...... Cumberland River, Mile 189.6–192.3 (Ten- berland. nessee).

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TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Event/sponsor Ohio valley location Regulated area

23. 1 day—Third or fourth weekend in June Greater Morgantown Convention and Visi- Morgantown, WV...... Monongahela River, Mile 101.0–102.0 tors Bureau/Mountaineer Triathlon. (West Virginia). 24. 1 day—Fourth weekend in June ...... Team Magic/Chattanooga Waterfront Chattanooga, TN...... Tennessee River, Mile 462.7–466.0 (Ten- Triathlon. nessee). 25. 3 days—The last weekend in June or Madison Regatta ...... Madison, IN ...... Ohio River, Mile 554.0–561.0 (Indiana). one of the first two weekends in July. 26. 1 day—During the first week of July ...... Evansville Freedom Celebration/4th of July Evansville, IN ...... Ohio River, Mile 790.0–797.0 (Indiana). Freedom Celebration. 27. First weekend in July ...... Eddyville Creek Marina/Thunder Over Eddy Eddyville, KY...... Cumberland River, Mile 46.0–47.0 (Ken- Bay. tucky). 28. 2 days—One of the first two weekends Thunder on the Bay/KDBA ...... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky). in July. 29. 1 day—Second weekend in July ...... Bradley Dean/Renaissance Man Triathlon .. Florence, AL ...... Tennessee River, Mile 254.0–258.0 (Ala- bama). 30. 1 day—Third or fourth Sunday of July ... Tucson Racing/Cincinnati Triathlon ...... Cincinnati, OH ...... Ohio River, Mile 468.3–471.2 (Ohio). 31. 2 days—One of the last three weekends Dare to Care/KFC Mayor’s Cup Paddle Louisville, KY ...... Ohio River, Mile 600.0–605.0 (Kentucky). in July. Sports Races/Voyageur Canoe World Championships. 32. 2 days—Last two weeks in July or first Friends of the Riverfront Inc./Pittsburgh Pittsburgh, PA...... Allegheny River, Mile 0.0–1.5 (Pennsyl- three weeks of August. Triathlon and Adventure Races. vania). 33. 1 day—Fourth weekend in July ...... Team Magic/Music City Triathlon ...... Nashville, TN ...... Cumberland River, Mile 189.7–192.3 (Ten- nessee). 34. 2 days—One weekend in July ...... Huntington Classic Regatta ...... Huntington, WV ...... Ohio River, Mile 307.3–309.3 (West Vir- ginia). 35. 2 days—One weekend in July ...... Marietta Riverfront Roar Regatta ...... Marietta, OH ...... Ohio River, Mile 171.6–172.6 (Ohio). 36. 1 day—Last weekend in July or first HealthyTriState.org/St. Marys Tri State Huntington, WV...... Ohio River, Mile 305.1–308.3 (West Vir- weekend in August. Kayathalon. ginia). 37. 1 day—first Sunday in August ...... Above the Fold Events/Riverbluff Triathlon Ashland City, TN ...... Cumberland River, Mile 157.0–159.5 (Ten- nessee). 38. 3 days—First week of August ...... EQT Pittsburgh Three Rivers Regatta ...... Pittsburgh, PA ...... Allegheny River mile 0.0–1.0, Ohio River mile 0.0–0.8, Monongahela River mile 0.5 (Pennsylvania). 39. 2 days—First weekend of August ...... Thunder on the Bay/KDBA ...... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky). 40. 1 day—First or second weekend in Au- Riverbluff Triathlon ...... Ashland City, TN ...... Cumberland River, Mile 157.0–159.0 (Ten- gust. nessee). 41. 1 day—One of the first two weekends in Green Umbrella/Ohio River Paddlefest ...... Cincinnati, OH...... Ohio River, Mile 458.5–476.4 (Ohio and August. Kentucky). 42. 2 days—Third full weekend (Saturday Ohio County Tourism/Rising Sun Boat Rising Sun, IN ...... Ohio River, Mile 504.0–508.0 (Indiana and and Sunday) in August. Races. Kentucky). 43. 3 days—Second or Third weekend in Kittanning Riverbration Boat Races ...... Kittanning, PA ...... Allegheny River mile 42.0–46.0 (Pennsyl- August. vania). 44. 3 days—One of the last two weekends Thunder on the Green ...... Livermore, KY ...... Green River, Mile 69.0–72.5 (Kentucky). in August. 45. 1 day—Fourth weekend in August ...... Team Rocket Tri-Club/Rocketman Triathlon Huntsville, AL ...... Tennessee River, Mile 332.2–335.5 (Ala- bama). 46. 1 day—Last weekend in August ...... Tennessee Clean Water Network/Down- Knoxville, TN ...... Tennessee River, Mile 646.3–648.7 (Ten- town Dragon Boat Races. nessee). 47. 3 days—One weekend in August ...... Pro Water Cross Championships ...... Charleston, WV ...... Kanawha River, Mile 56.7–57.6 (West Vir- ginia). 48. 2 days—One weekend in August ...... POWERBOAT NATIONALS—Ravenswood Ravenswood, WV ...... Ohio River, Mile 220.5–221.5 (West Vir- Regatta. ginia). 49. 2 days—One weekend in August ...... Powerboat Nationals-Parkersburg Regatta/ Parkersburg, WV...... Ohio River Mile 183.5–285.5 (West Vir- Parkersburg Homecoming. ginia). 50. 1 day—One weekend in August ...... YMCA River Swim ...... Charleston, WV ...... Kanawha River, Mile 58.3–61.8 (West Vir- ginia). 51. 3 days—One weekend in August ...... Grand Prix of Louisville ...... Louisville, KY ...... Ohio River, Mile 601.0–605.0 (Kentucky). 52. 3 days—One weekend in August ...... Evansville HydroFest ...... Evansville, IN ...... Ohio River, Mile 790.5–794.0 (Indiana). 53. 1 day—First or second weekend of Sep- SUP3Rivers The Southside Outside ...... Pittsburgh, PA ...... Monongahela River mile 0.0–3.09 Alle- tember. gheny River mile 0.0–0.6 (Pennsylvania). 54. 1 day—First weekend in September or Mayor’s Hike, Bike and Paddle ...... Louisville, KY ...... Ohio River, Mile 601.0–610.0 (Kentucky). on Labor Day. 55. 2 days—Sunday before Labor Day and Cincinnati Bell, WEBN, and Proctor and Cincinnati, OH...... Ohio River, Mile 463.0–477.0 (Kentucky Labor Day. Gamble/Riverfest. and Ohio) and Licking River Mile 0.0–3.0 (Kentucky). 56. 2 days—Labor Day weekend ...... Wheeling Vintage Race Boat Association Wheeling, WV ...... Ohio River, Mile 90.4–91.5 (West Virginia). Ohio/Wheeling Vintage Regatta. 57. 2 days—One of the first three weekends Louisville Dragon Boat Festival ...... Louisville, KY ...... Ohio River, Mile 602.0–604.5 (Kentucky). in September. 58. 1 day—One of the first three weekends Cumberland River Compact/Cumberland Nashville, TN ...... Cumberland River, Mile 189.7–192.1 (Ten- in September. River Dragon Boat Festival. nessee). 59. 2 days—One of the first three weekends State Dock/Cumberland Poker Run ...... Jamestown, KY ...... Lake Cumberland (Kentucky). in September. 60. 3 days—One of the first three weekends Fleur de Lis Regatta ...... Louisville, KY ...... Ohio River, Mile 600.0–605.0 (Kentucky). in September. 61. 1 day—Second weekend in September City of Clarksville/Clarksville Riverfest Card- Clarksville, TN ...... Cumberland River, Mile 125.0–126.0 (Ten- board Boat Regatta. nessee). 62. 1 day—One Sunday in September ...... Ohio River Sternwheel Festival Committee Marietta, OH ...... Ohio River, Mile 170.5–172.5 (Ohio). Sternwheel race reenactment. 63. 1 Day—One weekend in September ..... Parkesburg Paddle Fest ...... Parkersburg, WV ...... Ohio River, Mile 184.3–188 (West Virginia). 64. 2 days—One of the last three weekends Madison Vintage Thunder ...... Madison, IN ...... Ohio River, Mile 556.5–559.5 (Indiana). in September.

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TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Event/sponsor Ohio valley location Regulated area

65. 1 day—Third Sunday in September ...... Team Rocket Tri Club/Swim Hobbs Island .. Huntsville, AL ...... Tennessee River, Mile 332.3–338.0 (Ala- bama). 66. 1 day—Fourth or fifth weekend in Sep- Knoxville Open Water Swimmers/Bridges to Knoxville, TN ...... Tennessee River, Mile 641.0–648.0 (Ten- tember. Bluffs. nessee). 67. 1 day—Fourth or fifth Sunday in Sep- Green Umbrella/Great Ohio River Swim ...... Cincinnati, OH ...... Ohio River, Mile 468.8–471.2 (Ohio and tember. Kentucky). 68. 1 day—One of the last two weekends in Ohio River Open Water Swim ...... Prospect, KY ...... Ohio River, Mile 587.0–591.0 (Kentucky). September. 69. 2 days—One of the last three weekends Captain Quarters Regatta ...... Louisville, KY ...... Ohio River, Mile 594.0–598.0 (Kentucky). in September or the first weekend in Oc- tober. 70. 3 days—One of the last three weekends Owensboro Air Show ...... Owensboro, KY ...... Ohio River, Mile 754.0–760.0 (Kentucky). in September or one of the first two week- ends in October. 71. 1 day—Last weekend in September ...... World Triathlon Corporation/IRONMAN Chattanooga, TN...... Tennessee River, Mile 462.7–467.5 (Ten- Chattanooga. nessee). 72. 3 days—Last weekend of September New Martinsville Records and Regatta New Martinsville, WV ...... Ohio River, Mile 128–129 (West Virginia). and/or first weekend in October. Challenge Committee. 73. 2 days—First weekend of October ...... Three Rivers Rowing Association/Head of Pittsburgh, PA...... Allegheny River mile 0.0–5.0 (Pennsyl- the Ohio Regatta. vania). 74. 1 day—First or second weekend in Oc- Lookout Rowing Club/Chattanooga Head Chattanooga, TN...... Tennessee River, Mile 463.0–468.0 (Ten- tober. Race. nessee). 75. 3 days—First or Second weekend in Vanderbilt Rowing/Music City Head Race ... Nashville, TN ...... Cumberland River, Mile 189.5–196.0 (Ten- October. nessee). 76. 2 days—One of the first three weekends Norton Healthcare/Ironman Triathlon ...... Louisville, KY ...... Ohio River, Mile 600.5–605.5 (Kentucky). in October. 77. 3 days—First weekend in November ..... Atlanta Rowing Club/Head of the Hooch Chattanooga, TN...... Tennessee River, Mile 463.0–468.0 (Ten- Rowing Regatta. nessee). 78. 1 day—One weekend in November or Charleston Lighted Boat Parade ...... Charleston, WV ...... Kanawha River, Mile 54.3–60.3 (West Vir- December. ginia).

* * * * * responses were in agreement with the specify that some forms of foreign Dated: April 29, 2019. revisions to provide clarity and identification are accepted, including M.A. Wike, consistency regarding forms of for establishing Post Office Box service. identification. The Postal Service is also amending Commander, U.S. Coast Guard, Acting Two responses questioned the the applicable product and service Captain of the Port, Sector Ohio Valley. proposal to eliminate university sections to point to new section [FR Doc. 2019–08986 Filed 5–1–19; 8:45 am] identification cards as a form of 608.10.0. This will remove inconsistent BILLING CODE 9110–04–P acceptable photo identification. and redundant text from the DMM. This Response: The Postal Service has includes amending current section reconsidered its position and will allow 507.2.1.4a to expressly require a POSTAL SERVICE U.S. university identification cards as a ‘‘primary’’ form of acceptable form of acceptable photo identification identification under 608.10.3 when 39 CFR Part 111 for certain retail products and services. presenting Form 3575, Mail Forwarding Additions to the Proposed Rule are Change of Address Order, at a Post Forms of Identification included below in section 608.10.3 and Office. Other than requiring a ‘‘primary’’ AGENCY: Postal ServiceTM. Exhibit 608.10.3. form of acceptable identification when As discussed in the Proposed Rule, ACTION: Final rule. Form 3575 is presented at a Post Office, the Postal Service is adding a new the filing methods for a change-of- SUMMARY: The Postal Service is section 608.10.0, Forms of address will remain the same (i.e., mail, amending Mailing Standards of the Identification. This new section will act presenting at a Post Office, or using United States Postal Service, Domestic as the primary source for consistent internet Change of Address (ICOA) at Mail Manual (DMM®) for clarity and standards on forms of acceptable and https://moversguide.usps.com). The consistency in the standards regarding unacceptable identification. DMM Postal Service will also update Form forms of identification. section 608.10.0 will include 3575 to reflect this requirement. subsections that: (1) Provide a table of In addition, the Postal Service will DATES: Effective: June 23, 2019. the products and services that require update Mailing Standards of the United FOR FURTHER INFORMATION CONTACT: forms of acceptable identification and States Postal Service, International Mail Karen Key at (202) 268–7492, Catherine the number of forms (primary and Manual (IMM®) and Publication 52, Knox at (202) 268–5636, or Garry secondary) required, (2) provide a Hazardous, Restricted, and Perishable Rodriguez at (202) 268–7281. description of ‘‘primary’’ forms of Mail, under separate cover. SUPPLEMENTARY INFORMATION: The Postal acceptable identification and include a We believe these revisions will ensure Service published a notice of proposed table of which ‘‘primary’’ forms are clarity and consistency enabling the rulemaking on March 1, 2019, (84 FR acceptable for each product and service, Postal Service to provide a superb 7005–7010) to amend the DMM in (3) provide a description of ‘‘secondary’’ customer experience from sender to various sections for clarity and forms of acceptable identification, and receiver. consistency in the standards regarding (4) provide examples of forms of The Postal Service adopts the forms of identification. unacceptable identification. following changes to Mailing Standards The Postal Service received 4 formal Changes to the ‘‘primary’’ forms of of the United States Postal Service, responses to the proposed rule. Two acceptable identification will also Domestic Mail Manual (DMM),

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incorporated by reference in the Code of 1.2.2 Application Process Form 3575 is presented at the Post Federal Regulations. See 39 CFR 111.1. [Revise the text of 1.2.2 by adding a Office. Accordingly, 39 CFR part 111 is new second sentence to read as follows:] * * * * * amended as follows: * * * Customers must provide a 3.0 Hold for Pickup List of Subjects in 39 CFR Part 111 primary and secondary form of * * * * * Administrative practice and acceptable identification under 608.10.0 procedure, Postal Service. with the completed Form 3615. * * * 3.2 Basic Information * * * * * 3.2.1 Description PART 111—[AMENDED] 3.0 Merchandise Return Service [Revise the text of 3.2.1 by adding a ■ (MRS) 1. The authority citation for 39 CFR new second sentence to read as follows:] part 111 continues to read as follows: * * * * * * * * The addressee or designee must Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 3.2 Basic Standards provide a primary form of acceptable 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, identification under 608.10.3. * * * 401, 403, 404, 414, 416, 3001–3011, 3201– * * * * * 3219, 3403–3406, 3621, 3622, 3626, 3632, * * * * * 3.2.6 Application Process 3633, and 5001. 508 Recipient Services ■ 2. Revise the Mailing Standards of the [Revise the text of 3.2.6 by adding a 1.0 Recipient Options United States Postal Service, Domestic new second sentence to read as follows:] Mail Manual (DMM) as follows: * * * Customers must provide a 1.1 Basic Recipient Concerns primary and secondary form of * * * * * Mailing Standards of the United States acceptable identification under 608.10.0 Postal Service, Domestic Mail Manual with the completed Form 3615. * * * 1.1.5 Addressee Identification (DMM) * * * * * [Revise the text of 1.1.5 to read as * * * * * 4.0 Parcel Return Service follows:] 500 Additional Mailing Services * * * * * If a person claiming to be the 503 Extra Services addressee of certain mail is unknown to 4.2 Basic Standards the delivery employee, the mail may be * * * * * * * * * * withheld pending presentation of a 8.0 USPS Signature Services primary form of acceptable 4.2.5 Approval identification of the claimant under 8.1 Basic Standards The manager, Business Mailer 608.10.3 or suitable under 508.6 for 8.1.1 Description Support reviews each request and general delivery. * * * USPS Signature Services are proceeds as follows: * * * * * available as follows: [Revise the text of item a to read as follows:] 1.1.7 Priority Mail Express and * * * * * Accountable Mail [Revise the second sentence in the a. If the applicant meets the criteria, introductory text of item c to read as the manager, Business Mailer Support The following conditions also apply follows:] approves the letter of request and sends to the delivery of Priority Mail Express, c. * * * Prior to delivery, the an authorization letter outlining the Registered Mail, Certified Mail, mail recipient must provide a primary form terms and conditions for the program. insured for more than $500.00, Adult of acceptable identification under PRS permit holders must submit the Signature, or COD, as well as mail for 608.10.3. * * * authorization letter and Form 3801, which a return receipt is requested or * * * * * Standing Delivery Order, to each the sender has specified restricted applicable facility. A primary form of delivery. 9.0 Collect on Delivery (COD) acceptable identification under 608.10.3 * * * * * is required before each pickup. 9.1 Basic Standards [Revise the text of item c to read as 9.1.1 Description * * * * * follows:] [Revise the fourth sentence in 9.1.1 to 507 Mailer Services c. A primary form of acceptable read as follows:] * * * * * identification under 608.10.3 may be * * * The recipient has the option to required of the recipient before delivery pay the COD charges (with a single form 2.0 Forwarding of the mailpiece. of payment) by cash, or a personal check 2.1 Change-of-Address Order * * * * * or money order made payable to the * * * * * mailer (accepted by the USPS employee 1.1.8 Additional Delivery Standards upon the recipient’s presentation of a 2.1.4 Methods of Filing for Restricted Delivery primary form of acceptable Customers may use one of the [Revise the introductory text of 1.1.8 identification under 608.10.3). * * * following methods to file a change-of- to read as follows:] * * * * * address with the Post Office: In addition to the standards described 505 Return Services [Revise the text of item a to read as under 1.1.7, mail marked ‘‘Restricted follows:] Delivery’’ is delivered only to the 1.0 Business Reply Mail (BRM) a. Mail or present Form 3575 to any addressee or to the person authorized in * * * * * Post Office, or as otherwise directed by writing as the addressee’s agent (the the Postal Service. A customer must USPS may require a primary form of 1.2 Permits provide a primary form of acceptable acceptable identification under 608.10.3 * * * * * identification under 608.10.3 when from the addressee (or agent) to receive

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the mail) and under the following notary public must witness the form of acceptable identification under conditions: signature of the addressee. The 608.10.4 that must contain sufficient * * * * * addressee must complete all entries on information to confirm the applicant’s Form 1583. The CMRA owner or identity and be traceable to the bearer. 1.8 Commercial Mail Receiving manager must verify the documentation *** Agencies to confirm that the addressee resides or a. In all cases: 1.8.1 Procedures conducts business at the permanent * * * * * The procedures for establishing a address shown on Form 1583. The [Delete item a5 in its entirety.] commercial mail receiving agency address is verified if there is no (CMRA) are as follows: discrepancy between information on the * * * * * application and the identification * * * * * presented. If the information on the 5.0 Caller Service [Revise the text of item b to read as application does not match the * * * * * follows:] identification, the applicant must b. Each CMRA must register with the 5.3 Service Post Office responsible for delivery. Any substantiate to the CMRA that the 5.3.1 Application person who establishes, owns, or applicant resides or conducts business manages a CMRA must provide Form at the address shown. A document from a governmental entity or recognized [Revise the text of 5.3.1 to read as 1583–A, Application to Act as a follows:] Commercial Mail Receiving Agency, to financial institution or a utility bill with To reserve a caller number for future the postmaster (or designee) responsible the applicant’s name and current use or to apply for caller service, the for the delivery address. The CMRA permanent address may be used for applicant must complete all relevant owner or manager must complete all such purpose. If the applicant is unable spaces on Form 1093–C, Application for entries and sign the Form 1583–A. The to substantiate the address, the CMRA Post Office Caller Service, and submit it CMRA owner or manager must provide must deny the application. Furnishing to any postal facility that provides retail a primary and secondary form of false information on the application or service. The facility need not be the one acceptable identification under refusing to give required information is where destination caller service is 608.10.0. It must contain sufficient reason for withholding the addressee’s desired. An incomplete or falsified information to confirm that the mail from delivery to the agent and application is sufficient reason to deny applicant is who he or she claims to be returning it to the sender. When any or discontinue service. An application is and is traceable to the bearer. The information required on Form 1583 not considered approved until the USPS postmaster (or designee) may retain a changes, the addressee must file a verifies the applicant’s identity. Primary photocopy of the acceptable revised application (write ‘‘revised’’ on and secondary forms of acceptable identification for verification purposes the form) with the CMRA. The identification can be found under and must list and record sufficient addressee must provide a primary and 608.10.0. information to identify the two types of secondary form of acceptable acceptable identification on Form 1583– identification under 608.10.0. It must * * * * * contain sufficient information to A (block 10). Furnishing false 5.8 Accelerated Reply Mail (ARM) information on the application or confirm that the applicant is who he or refusing to give required information is she claims to be and is traceable to the * * * * * bearer. The CMRA owner or manager reason for denying the application. 5.8.8 Mailer Compliance When any information required on may retain a photocopy of the Form 1583–A changes, the CMRA identification for verification purposes. [Revise the second sentence of 5.8.8 to owner or manager must file a revised The CMRA owner or manager must list read as follows:] and record sufficient information to application (write ‘‘revised’’ on the * * * Besides completing Form form) with the postmaster. identify the primary and secondary forms of acceptable identification on 1093–C, an applicant for ARM must also * * * * * Form 1583 (block 8) and write the complete Form 8061 and submit both 1.8.2 Delivery to CMRA complete CMRA delivery address used forms to the facility where ARM service is desired. Procedures for delivery to a CMRA are to deliver mail to the addressee on Form as follows: 1583 (block 3). 5.8.9 USPS Actions [Revise the text of item a to read as * * * * * [Revise the text of 5.8.9 to read as follows:] 4.0 Post Office Box Service a. Mail delivery to a CMRA requires follows:] that the CMRA owner or manager and * * * * * ARM service is not provided until the each addressee complete and sign Form 4.2 Service USPS verifies the applicant’s primary 1583, Application for Delivery of Mail and secondary forms of acceptable Through Agent. Spouses may complete 4.2.1 Application identification under 608.10.0, and and sign one Form 1583. Each spouse [Revise the second sentence in the service availability at the requested must provide a primary and secondary introductory text of 4.2.1 to read as facility, and makes scheme form of acceptable identification under follows:] preparations. 608.10.0. If any information that is * * * When the application is * * * * * required on Form 1583 is different for presented, the applicants (including either spouse it must be entered in the both spouses or any other individual 7.0 Premium Forwarding Services appropriate box. A parent or guardian listed except for minors) each must * * * * * may receive delivery of a minor’s mail present two items of valid, current by listing the name(s) of each minor on identification; one a primary form of 7.2 Premium Forwarding Service Form 1583 (block 12). The CMRA owner acceptable identification under Residential or manager, authorized employee, or a 608.10.3, and the other a secondary * * * * *

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7.2.4 Use of Post Offices visited to cash the money 9.1.4 Purchase Error orders, must also complete Form 8105– Participation in PFS-Residential is [Revise the last sentence of 9.1.4 to A, Funds Transaction Report (FTR), and subject to the following additional read as follows:] standards: show a primary form of acceptable identification under 608.10.3. * * * A customer exchanging $250 or [Revise item a by adding a new last more of such stock must provide a sentence to read as follows:] 3.3.3 Identification primary form of acceptable a. * * * Customers must provide a identification under 608.10.3, and must primary and secondary form of [Revise the first sentence of 3.3.3 to read as follows:] present the stock for exchange to the acceptable identification under 608.10.0 postal unit from which his or her mail When presenting a money order for with the completed Form 8176. is delivered. * * * * * payment, the customer seeking payment must sign in the presence of a USPS * * * * * 8.0 Firm Holdout employee; a primary form of acceptable 608 Postal Information and Resources * * * * * identification under 608.10.3 can be required. * * * * * * * * 8.2 Obtaining and Using Service [Add new section 608.10, Forms of * * * * * [Revise the text of 8.2 by adding a new Identification, to read as follows:] 600 Basic Standards for All Mailing third sentence to read as follows:] 608.10 Forms of Identification * * * Each employee or authorized Services 10.1 General agent is required to provide a primary * * * * * form of acceptable identification under This section describes the products 604 Postage Payment Methods and 608.10.3. * * * and services that require forms of Refunds * * * * * acceptable identification, the number of * * * * * 509 Other Services forms of acceptable identification 3.0 Precanceled Stamps (primary and secondary), the acceptable * * * * * forms of primary and secondary * * * * * 3.0 Money Orders identification, and forms of 3.2 Permit to Use Precanceled Stamps unacceptable identification as follows: * * * * * a. Section 10.2 provides a table of the 3.2.1 Authorization to Use 3.2.2 Purchase Restrictions products and services that require forms Precanceled Stamps A postal customer may buy multiple of acceptable identification and the money orders at the same time, in the [Revise the text of 3.2.1 by adding a number of forms (primary and same or differing amounts, subject to new second sentence to read as follows:] secondary) required. these restrictions: * * * Customers must provide a b. Section 10.3 provides a description of primary forms of acceptable * * * * * primary and secondary form of [Revise the text of item b to read as acceptable identification under 608.10.0 identification and a table of which follows:] with the completed Form 3615. * * * forms are acceptable for each product b. Any customer whose daily total of * * * * * and service. c. Section 10.4 provides a description purchased money orders is $3,000 or 5.0 Permit Imprint (Indicia) more, regardless of the number of visits of secondary forms of acceptable made by the customer to one or more 5.1 General Standards identification. postal facilities, must complete Form * * * * * d. Section 10.5 provides examples of 8105–A, Funds Transaction Report forms of unacceptable identification. (FTR), and show a primary form of 5.1.4 Permit and Application Information 10.2 Products and Services Requiring acceptable identification under Forms of Acceptable Identification 608.10.3. [Revise the text of 5.1.4 by adding a * * * * * new second sentence to read as follows:] Certain products and services may require forms of acceptable * * * Customers must provide a 3.3 Cashing Money Orders identification in the application process, primary and secondary form of and/or receipt of an item. When * * * * * acceptable identification under 608.10.0 identification is required, the with the completed Form 3615. * * * 3.3.2 Redemption identification presented must be [Revise the third sentence of 3.3.2 to * * * * * current. Exhibit 10.2 provides a list of read as follows:] 9.0 Exchanges and Refunds the products and services requiring * * * Any customer whose daily total forms of identification and the number of cashed money orders exceeds 9.1 Stamp Exchanges of required forms of acceptable $10,000.00, irrespective of the number * * * * * identification (primary and secondary).

EXHIBIT 10.2—PRODUCTS AND SERVICES REQUIRING FORMS OF ACCEPTABLE IDENTIFICATION

Products/services Primary ID Secondary ID

Caller Service ...... ✓ ✓ Certified Mail Services ...... ✓ Change-of-Address (COA) ...... ✓ Collect on Delivery (COD) ...... ✓ Commercial Mail Receiving Agency ...... ✓ ✓ Firm Holdout ...... ✓

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EXHIBIT 10.2—PRODUCTS AND SERVICES REQUIRING FORMS OF ACCEPTABLE IDENTIFICATION—Continued

Products/services Primary ID Secondary ID

Hold For Pickup ...... ✓ Hold Mail ...... ✓ Insurance Services ...... ✓ Money Order ...... ✓ Parcel Return Service ...... ✓ P.O. Box ...... ✓ ✓ Premium Forwarding Service ...... ✓ ✓ Priority Mail Express ...... ✓ Registered Mail Services ...... ✓ Sure Money (DineroSeguro) ...... ✓ USPS Signature Services ...... ✓

10.3 Primary Forms of Acceptable naturalization, or an identification card identification for money orders must Photo Identification issued by a federally or state recognized contain an identification number. This section provides a description of tribal nation (tribal identification card), NEXUS is a joint Canada Border the acceptable primary forms of photo as forms of acceptable photo Services Agency and U.S. Customs and identification which must include a identification. Border Protection operated trusted clear photograph of the individual b. Passport—A customer may use a traveler and expedited border control bearer. Exhibit 10.3 provides a table of U.S. passport, U.S. passport card, or program. the products and services that require a foreign passport as forms of acceptable e. Corporate Identification—A valid primary form of identification and photo identification. customer may use a corporate which forms are acceptable for that c. Matricula Consular (Mexico)—A identification card of a corporation product or service. customer may use a Matricula Consular located and organized in good standing a. U.S. Government I.D.—U.S. card as a form of acceptable photo in the United States as a form of Government I.D. may be federal, state, identification. A Matricula Consular acceptable photo identification for or tribal issued. A customer may use a card is an identification card issued by certain services, as specified in Exhibit state-issued driver’s license or non- the Government of Mexico through its 10.3. driver’s identification card, U.S. Armed consulate offices to Mexican nationals f. U.S. University Identification—A Forces card or Uniformed Service ID residing outside of Mexico. customer may use a public or private card, U.S. permanent resident or other d. NEXUS (Canada)—A customer may U.S. university identification card as a identification card issued by U.S. use a NEXUS card as a form of form of acceptable photo identification Citizenship and Immigration Services, acceptable photo identification. A for certain retail products and services U.S. certificate of citizenship or NEXUS card used as a form of as specified in Exhibit 10.3.

EXHIBIT 10.3—PRIMARY FORMS OF ACCEPTABLE PHOTO IDENTIFICATION FOR PRODUCTS AND SERVICES

Matricula Products/services U.S. Gov’t U.S./foreign Consular NEXUS U.S. U.S. Corp. passport Mexico Canada University

Caller Service ...... ✓ ✓ ✓ ✓ ✓ ✓ Certified Mail Services ...... ✓ ✓ ✓ ✓ ✓ Change-of-Address (COA) ...... ✓ ✓ ✓ ✓ ✓ Collect on Delivery (COD) ...... ✓ ✓ ✓ ✓ ✓ Commercial Mail Receiving Agency ...... ✓ ✓ ✓ ✓ ✓ Firm Holdout ...... ✓ ✓ ✓ ✓ ✓ Hold For Pickup ...... ✓ ✓ ✓ ✓ ✓ Hold Mail ...... ✓ ✓ ✓ ✓ ✓ Insured Mail Services ...... ✓ ✓ ✓ ✓ ✓ Money Order ...... ✓ ✓ ✓ ✓ ✓ Parcel Return Service ...... ✓ ✓ ✓ ✓ ✓ P.O. Box ...... ✓ ✓ ✓ ✓ ✓ ✓ Premium Forwarding Service ...... ✓ ✓ ✓ ✓ Priority Mail Express ...... ✓ ✓ ✓ ✓ ✓ Registered Mail Services ...... ✓ ✓ ✓ ✓ ✓ Sure Money (DineroSeguro) ...... ✓ ✓ ✓ ✓ ✓ USPS Signature Services ...... ✓ ✓ ✓ ✓ ✓

10.4 Secondary Forms of Acceptable the address provided by the customer may also use a non-photo form of Identification when applying or requesting those acceptable identification such as: A As provided under 10.2, certain products and services. A customer may current lease, mortgage, or deed of trust; products and services require a use an additional valid primary form of voter or vehicle registration card; home secondary form of acceptable acceptable identification to meet the or vehicle insurance policy; utility bill; identification that is traceable to the secondary form of acceptable or Form I–94, Arrival and Departure bearer, in order to verify the validity of identification requirement. A customer Record.

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10.5 Forms of Unacceptable available, e.g., confidential business VOC sources for Allegheny County in Identification information (CBI) or other information another SIP submission. As specified under 608.10.0, forms of whose disclosure is restricted by statute. Allegheny County’s Regulations and acceptable identification provide proof Certain other material, such as Statutes, under Allegheny County of identity and validation of an address. copyrighted material, is not placed on Article XXI 2105.10, 2105.11, 2105.12, Social Security cards, birth certificates, the internet and will be publicly 2105.13, 2105.15, 2105.16, 2105.19, credit cards or other similar items are available only in hard copy form. 2105.70, 2105.71, 2105.72., 2105.74, unacceptable as primary or secondary Publicly available docket materials are 2105.76, 2105.77, 2105.78, 2105.79, forms of identification. available through https:// 2105.80, 2105.81, 2105.82, 2105.83, www.regulations.gov, or please contact * * * * * 2015.84, 2105.85, and 2105.86 contain the person identified in the FOR FURTHER We will publish an appropriate the VOC CTG RACT controls that were INFORMATION CONTACT section for amendment to 39 CFR part 111 to reflect implemented and approved into additional availability information. these changes. Pennsylvania’s SIP under the 1-hour FOR FURTHER INFORMATION CONTACT: and 1997 8-hour ozone NAAQS. PADEP Brittany M. Johnson, Megan Goold, Planning & is certifying that these regulations, all Attorney, Federal Compliance. Implementation Branch (3AD30), Air & previously approved by EPA into the [FR Doc. 2019–08991 Filed 5–1–19; 8:45 am] Radiation Division, U.S. Environmental SIP, continue to meet the RACT BILLING CODE 7710–12–P Protection Agency, Region III, 1650 requirements for the 2008 8-hour ozone Arch Street, Philadelphia, Pennsylvania NAAQS for CTG-covered sources of 19103. The telephone number is (215) VOCs in Allegheny County, PA. PADEP ENVIRONMENTAL PROTECTION 814–2027. Ms. Goold can also be also submitted a negative declaration for AGENCY reached via electronic mail at the CTGs that have not been adopted [email protected]. because Allegheny County does not 40 CFR Part 52 contain the affected source categories. SUPPLEMENTARY INFORMATION: [EPA–R03–OAR–2018–0764; FRL–9993–02– More detailed information on these Region 3] I. Background provisions as well as a detailed summary of EPA’s review can be found Approval and Promulgation of Air On February 13, 2019 (84 FR 3742), in the Technical Support Document Quality Implementation Plans; EPA published a notice of proposed (TSD) for this action which is available Pennsylvania; Allegheny County rulemaking (NPRM) for the on line at https://www.regulations.gov, Reasonably Available Control Commonwealth of Pennsylvania. In the Docket number EPA–R03–OAR–2018– Technology for the 2008 Ozone NPRM, EPA proposed approval of a SIP 0764. National Ambient Air Quality Standard revision addressing the VOC CTG RACT An explanation of the Clean Air Act requirements set forth by the CAA for requirements, a detailed analysis of the AGENCY: Environmental Protection the 2008 8-hour ozone NAAQS for revisions, and EPA’s reasons for Agency (EPA). Allegheny County (the 2018 VOC CTG proposing approval were provided in ACTION: Final rule. RACT Submission for Allegheny the NPRM and will not be restated here. County). The formal SIP revision was SUMMARY: The Environmental Protection No public comments were received on submitted by Pennsylvania on behalf of the NPRM. Agency (EPA) is approving a state Allegheny County on July 24, 2018. implementation plan (SIP) revision III. Final Action submitted by the Pennsylvania II. Summary of SIP Revision and EPA Department of Environmental Protection Analysis EPA is approving Pennsylvania’s 2018 VOC CTG RACT Submission for (PADEP) on behalf of the Allegheny On July 24, 2018, PADEP submitted a County Health Department (ACHD) for Allegheny County on the basis that it SIP revision for Allegheny County to demonstrates that existing regulations in the purpose of satisfying the volatile address the VOC CTG RACT organic compound (VOC) reasonably the Allegheny County portion of requirements set forth by the CAA for Pennsylvania’s SIP represent RACT for available control technology (RACT) the 2008 8-hour ozone NAAQS. requirements for source categories the purposes of compliance with the Specifically, the 2018 VOC CTG RACT 2008 8-hour ozone standard for all covered by control technique guidelines Submission for Allegheny County (CTGs) under the 2008 8-hour ozone stationary sources of VOCs covered by includes: (1) A certification that for a CTG issued prior to July 20, 2014. national ambient air quality standard certain categories of sources, previously- (NAAQS). EPA is approving these adopted VOC RACT controls in the IV. Statutory and Executive Order revisions addressing the VOC CTG Allegheny County portion of Reviews RACT requirements set forth by the Pennsylvania’s SIP that were approved A. General Requirements CAA for the 2008 8-hour ozone NAAQS by EPA under the 1979 1-hour and 1997 for Allegheny County in accordance 8-hour ozone NAAQS continue to be Under the CAA, the Administrator is with the requirements of the Clean Air based on the currently available required to approve a SIP submission Act (CAA). technically and economically feasible that complies with the provisions of the DATES: This final rule is effective on controls, and continue to represent CAA and applicable Federal regulations. June 3, 2019. RACT for implementation of the 2008 8- 42 U.S.C. 7410(k); 40 CFR 52.02(a). ADDRESSES: EPA has established a hour ozone NAAQS; and (2) a negative Thus, in reviewing SIP submissions, docket for this action under Docket ID declaration that certain CTG sources of EPA’s role is to approve state choices, Number EPA–R03–OAR–2018–0764. All VOC do not exist in Allegheny County, provided that they meet the criteria of documents in the docket are listed on PA. This SIP revision does not cover the CAA. Accordingly, this action the https://www.regulations.gov non-CTG sources in Allegheny County. merely approves state law as meeting website. Although listed in the index, PADEP will address RACT for major Federal requirements and does not some information is not publicly sources of NOX and for major non-CTG impose additional requirements beyond

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those imposed by state law. For that health or environmental effects, using judicial review nor does it extend the reason, this action: practicable and legally permissible time within which a petition for judicial • Is not a ‘‘significant regulatory methods, under Executive Order 12898 review may be filed, and shall not action’’ subject to review by the Office (59 FR 7629, February 16, 1994). postpone the effectiveness of such rule of Management and Budget under In addition, this rule does not have or action. This action approving the Executive Orders 12866 (58 FR 51735, tribal implications as specified by 2018 VOC CTG RACT Submission for October 4, 1993) and 13563 (76 FR 3821, Executive Order 13175 (65 FR 67249, Allegheny County may not be January 21, 2011); November 9, 2000), because the SIP is challenged later in proceedings to • Is not an Executive Order 13771 (82 not approved to apply in Indian country enforce its requirements. (See section FR 9339, February 2, 2017) regulatory located in the state, and EPA notes that 307(b)(2)). action because SIP approvals are it will not impose substantial direct List of Subjects in 40 CFR Part 52 exempted under Executive Order 12866. costs on tribal governments or preempt • Does not impose an information tribal law. Environmental protection, Air collection burden under the provisions pollution control, Incorporation by B. Submission to Congress and the of the Paperwork Reduction Act (44 reference, Intergovernmental relations, Comptroller General U.S.C. 3501 et seq.); Nitrogen dioxide, Ozone, Reporting and • Is certified as not having a The Congressional Review Act, 5 recordkeeping requirements, Volatile significant economic impact on a U.S.C. 801 et seq., as added by the Small organic compounds. substantial number of small entities Business Regulatory Enforcement Dated: April 18, 2019. under the Regulatory Flexibility Act (5 Fairness Act of 1996, generally provides U.S.C. 601 et seq.); that before a rule may take effect, the Diana Esher, • Does not contain any unfunded agency promulgating the rule must Acting Regional Administrator, Region III. mandate or significantly or uniquely submit a rule report, which includes a 40 CFR part 52 is amended as follows: affect small governments, as described copy of the rule, to each House of the in the Unfunded Mandates Reform Act Congress and to the Comptroller General PART 52—APPROVAL AND of 1995 (Pub. L. 104–4); of the United States. EPA will submit a PROMULGATION OF • Does not have Federalism report containing this action and other IMPLEMENTATION PLANS implications as specified in Executive required information to the U.S. Senate, Order 13132 (64 FR 43255, August 10, the U.S. House of Representatives, and ■ 1. The authority citation for part 52 1999); the Comptroller General of the United continues to read as follows: • Is not an economically significant States prior to publication of the rule in Authority: 42 U.S.C. 7401 et seq. regulatory action based on health or the Federal Register. A major rule safety risks subject to Executive Order cannot take effect until 60 days after it Subpart NN—Pennsylvania 13045 (62 FR 19885, April 23, 1997); is published in the Federal Register. • Is not a significant regulatory action This action is not a ‘‘major rule’’ as ■ 2. In § 52.2020, the table in paragraph subject to Executive Order 13211 (66 FR defined by 5 U.S.C. 804(2). (e)(1) is amended by adding the entry 28355, May 22, 2001); ‘‘2008 8-hour Ozone National Ambient • Is not subject to requirements of C. Petitions for Judicial Review Air Quality Standard Reasonably section 12(d) of the National Under section 307(b)(1) of the CAA, Available Control Technology Technology Transfer and Advancement petitions for judicial review of this Standard’’ at the end of the table to read Act of 1995 (15 U.S.C. 272 note) because action must be filed in the United States as follows: application of those requirements would Court of Appeals for the appropriate § 52.2020 Identification of plan. be inconsistent with the CAA; and circuit by July 1, 2019. Filing a petition • Does not provide EPA with the for reconsideration by the Administrator * * * * * discretionary authority to address, as of this final rule does not affect the (e) * * * appropriate, disproportionate human finality of this action for the purposes of (1) * * *

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

******* 2008 8-hour Ozone National Ambient Allegheny County ..... 07/24/18 5/2/2019, [insert This action pertains to sources covered Air Quality Standard Reasonably Federal Register by CTGs issued prior to July 20, Available Control Technology Stand- citation]. 2014. ard.

* * * * * [FR Doc. 2019–08853 Filed 5–1–19; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION I. Background Other specific requirements of AGENCY commercial fuel oil sulfur limits for On February 12, 2019 (84 FR 3387), combustion units in Allegheny County 40 CFR Part 52 EPA published a notice of proposed and the rationale for EPA’s proposed rulemaking (NPRM) for the action are explained in the NPRM and [EPA–R03–OAR–2018–0513; FRL–9993–01– Commonwealth of Pennsylvania. In the will not be restated here. No adverse Region 3] NPRM, EPA proposed to incorporate public comments were received on the low sulfur fuel oil provisions for NPRM. One positive comment was Approval and Promulgation of Air Allegheny County into the Pennsylvania received. Quality Implementation Plans; SIP. These provisions will reduce the Pennsylvania; Commercial Fuel Oil amount of sulfur in fuel oils used in III. Final Action Sulfur Limits for Combustion Units in combustion units in Allegheny County. EPA is approving Pennsylvania’s May Allegheny County The formal SIP revision was submitted 8, 2018 SIP submittal regarding sulfur by the Allegheny County Health limits in fuel oil for combustion units in AGENCY: Environmental Protection Department (ACHD) through the Allegheny County as a revision to the Agency (EPA). Pennsylvania Department of Pennsylvania SIP. Environmental Protection (PADEP) on ACTION: Final rule. May 8, 2018. IV. Incorporation by Reference SUMMARY: The Environmental Protection The SIP revision consists of an In this document, EPA is finalizing Agency (EPA) is approving a state amendment to implement the use of low regulatory text that includes implementation plan (SIP) revision sulfur fuel oils used in combustion units incorporation by reference. In submitted by the Commonwealth of in Allegheny County, adding sampling accordance with requirements of 1 CFR Pennsylvania (Pennsylvania). The and testing methods, and amending 51.5, EPA is finalizing the incorporation revision updates Allegheny County’s associated definitions. The SIP revision by reference of Allegheny County’s rules portion of the Pennsylvania SIP by submittal adds Sections 2104.10 regarding sulfur content in commercial incorporating low sulfur fuel oil (Commercial Fuel Oil) and 2107.16 fuel oils discussed in Sections I and II provisions. Implementation of these (Sulfur in Fuel Oil) of Article XXI to the of this action. EPA has made, and will provisions will reduce the amount of Pennsylvania SIP and amends, within continue to make, these materials sulfur in fuel oils used in combustion the SIP, Section 2101.20 (Definitions) of generally available through https:// units in Allegheny County. EPA is Article XXI. www.regulations.gov and at the EPA approving this revision to the Region III Office (please contact the II. Summary of SIP Revision and EPA person identified in the FOR FURTHER Pennsylvania SIP in accordance with Analysis the requirements of the Clean Air Act INFORMATION CONTACT section of this (CAA). Section 2104.10 implements low preamble for more information). sulfur fuel oil provisions that will Therefore, these materials have been DATES: This final rule is effective on reduce the amount of sulfur in fuel oils approved by EPA for inclusion in the June 3, 2019. that are offered for sale, delivered for SIP, have been incorporated by reference by EPA into that plan, are ADDRESSES: EPA has established a use, exchanged in trade or permitted to fully Federally enforceable under docket for this action under Docket ID use in Allegheny County, Pennsylvania. sections 110 and 113 of the CAA as of Number EPA–R03–OAR–2018–0513. All Section 2104.10(a) establishes the effective date of the final rulemaking documents in the docket are listed on maximum allowable sulfur content for of EPA’s approval, and will be the https://www.regulations.gov commercial fuel oil, expressed as parts incorporated by reference in the next website. Although listed in the index, per million (ppm) by weight or update to the SIP compilation.1 some information is not publicly percentage by weight, for number 2 and available, e.g., confidential business lighter distillate oil to 0.05 percent V. Statutory and Executive Order information (CBI) or other information sulfur content by weight (500 ppm), Reviews whose disclosure is restricted by statute. number 4 residual oil to 0.25 percent A. General Requirements Certain other material, such as sulfur content by weight (2,500 ppm), copyrighted material, is not placed on and 0.5 percent sulfur content by weight Under the CAA, the Administrator is the internet and will be publicly (5,000 ppm) for number 5 and number required to approve a SIP submission available only in hard copy form. 6 and heavier commercial fuel oils by that complies with the provisions of the Publicly available docket materials are no later than July 1, 2016. Commercial CAA and applicable Federal regulations. available through https:// fuel oil stored by the ultimate consumer 42 U.S.C. 7410(k); 40 CFR 52.02(a). www.regulations.gov, or please contact in Allegheny County prior to the Thus, in reviewing SIP submissions, the person identified in the FOR FURTHER applicable compliance date may be used EPA’s role is to approve state choices, INFORMATION CONTACT section for after the applicable compliance date if provided that they meet the criteria of additional availability information. the fuel oil met the applicable the CAA. Accordingly, this action maximum allowable sulfur content at merely approves state law as meeting FOR FURTHER INFORMATION CONTACT: Erin the time it was stored. Section Federal requirements and does not Trouba, Planning and Implementation 2104.10(c) and (d) of Article XXI impose additional requirements beyond Branch (3AD30), Air and Radiation establish sampling, testing, those imposed by state law. For that Division, U.S. Environmental Protection recordkeeping, and reporting reason, this action: Agency, Region III, 1650 Arch Street, requirements. Definitions for • Is not a ‘‘significant regulatory Philadelphia, Pennsylvania 19103. The terminology which relate to reporting action’’ subject to review by the Office telephone number is (215) 814–2023. and recordkeeping requirements were of Management and Budget under Ms. Trouba can also be reached via added and amended. Section 2107.16 of Executive Orders 12866 (58 FR 51735, electronic mail at [email protected]. Article XXI establishes the sampling SUPPLEMENTARY INFORMATION: methods that must be used. 1 62 FR 27968 (May 22, 1997).

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October 4, 1993) and 13563 (76 FR 3821, In addition, this rule does not have postpone the effectiveness of such rule January 21, 2011); tribal implications as specified by or action. This action which limits the • Is not an Executive Order 13771 (82 Executive Order 13175 (65 FR 67249, sulfur content in fuel oil used by FR 9339, February 2, 2017) regulatory November 9, 2000), because the SIP is combustion units in Allegheny County action because SIP approvals are not approved to apply in Indian country may not be challenged later in exempted under Executive Order 12866. located in the state, and EPA notes that proceedings to enforce its requirements. • Does not impose an information it will not impose substantial direct (See section 307(b)(2).) costs on tribal governments or preempt collection burden under the provisions List of Subjects in 40 CFR Part 52 of the Paperwork Reduction Act (44 tribal law. U.S.C. 3501 et seq.); B. Submission to Congress and the Environmental protection, Air • Is certified as not having a Comptroller General pollution control, Incorporation by significant economic impact on a reference, Ozone, Particulate matter, substantial number of small entities The Congressional Review Act, 5 Reporting and recordkeeping under the Regulatory Flexibility Act (5 U.S.C. 801 et seq., as added by the Small requirements, Sulfur oxides. Business Regulatory Enforcement U.S.C. 601 et seq.); Dated: April 18, 2019. • Does not contain any unfunded Fairness Act of 1996, generally provides that before a rule may take effect, the Diana Esher, mandate or significantly or uniquely agency promulgating the rule must Acting Regional Administrator, Region III. affect small governments, as described submit a rule report, which includes a in the Unfunded Mandates Reform Act 40 CFR part 52 is amended as follows: copy of the rule, to each House of the of 1995 (Pub. L. 104–4); Congress and to the Comptroller General • Does not have Federalism PART 52—APPROVAL AND of the United States. EPA will submit a implications as specified in Executive PROMULGATION OF report containing this action and other IMPLEMENTATION PLANS Order 13132 (64 FR 43255, August 10, required information to the U.S. Senate, 1999); the U.S. House of Representatives, and ■ • Is not an economically significant 1. The authority citation for part 52 the Comptroller General of the United continues to read as follows: regulatory action based on health or States prior to publication of the rule in safety risks subject to Executive Order the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq. 13045 (62 FR 19885, April 23, 1997); • cannot take effect until 60 days after it Subpart NN—Pennsylvania Is not a significant regulatory action is published in the Federal Register. subject to Executive Order 13211 (66 FR This action is not a ‘‘major rule’’ as ■ 2. In § 52.2020, the table in paragraph 28355, May 22, 2001); defined by 5 U.S.C. 804(2). • Is not subject to requirements of (c)(2) is amended by adding: Section 12(d) of the National C. Petitions for Judicial Review ■ a. Under ‘‘Part A—General’’, a tenth Technology Transfer and Advancement Under section 307(b)(1) of the CAA, entry for ‘‘2101.20’’; Act of 1995 (15 U.S.C. 272 note) because petitions for judicial review of this ■ b. Under ‘‘Part D—Pollutant Emission application of those requirements would action must be filed in the United States Standards’’, an entry for ‘‘2104.10’’; and be inconsistent with the CAA; and Court of Appeals for the appropriate ■ c. Under ‘‘Part G—Methods’’, an entry • Does not provide EPA with the circuit by July 1, 2019. Filing a petition for ‘‘2107.16’’. discretionary authority to address, as for reconsideration by the Administrator The additions read as follows: appropriate, disproportionate human of this final rule does not affect the health or environmental effects, using finality of this action for the purposes of § 52.2020 Identification of plan. practicable and legally permissible judicial review nor does it extend the * * * * * methods, under Executive Order 12898 time within which a petition for judicial (c) * * * (59 FR 7629, February 16, 1994). review may be filed and shall not (2) * * *

Article XX or XXI State citation Title/subject effective date EPA approval date Additional explanation/§ 52.2063 citation

Part A—General

******* 2101.20 ...... Definitions ...... 12/08/2017 5/2/2019, [Insert Federal Reg- Revised and added definitions relating to ister citation]. sale and usage of commercial fuel oil.

*******

Part D—Pollutant Emission Standards

******* 2104.10 ...... Commercial Fuel Oil ...... 12/08/2017 5/2/2019, [Insert Federal Reg- ister citation].

*******

Part G—Methods

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Article XX or XXI State citation Title/subject effective date EPA approval date Additional explanation/§ 52.2063 citation

******* 2107.16 ...... Sulfur in Fuel Oil ...... 12/08/2017 5/2/2019, [Insert Federal Reg- ister citation].

*******

* * * * * [FR Doc. 2019–08854 Filed 5–1–19; 8:45 am] BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 84, No. 85

Thursday, May 2, 2019

This section of the FEDERAL REGISTER All public comments are available the definition of ‘‘financial institution,’’ contains notices to the public of the proposed from the Board’s website at http:// consistent with FDICIA’s purpose of issuance of rules and regulations. The www.federalreserve.gov/generalinfo/ enhancing efficiency and reducing purpose of these notices is to give interested foia/ProposedRegs.cfm as submitted, systemic risk in the financial markets. In persons an opportunity to participate in the unless modified for technical reasons or defining ‘‘financial institution’’ in rule making prior to the adoption of the final rules. to remove personally identifiable Regulation EE, the Board intended to information at the commenter’s request. include financial market participants Accordingly, comments will not be that regularly enter into financial FEDERAL RESERVE SYSTEM edited to remove any identifying or contracts on both sides of a financial contact information. Public comments market, where the failure of the 12 CFR Part 231 may also be viewed electronically or in participant could create systemic problems in the financial markets in [Regulation EE; Docket No. R–1661] paper in Room 146, 1709 New York Avenue NW, Washington, DC 20006, terms of losses to counterparties or RIN 7100–AF 48 between 9:00 a.m. and 5:00 p.m. on market confidence and liquidity.3 weekdays. Specifically, Regulation EE expands the Netting Eligibility for Financial FDICIA definition of ‘‘financial FOR FURTHER INFORMATION CONTACT: Institutions institution’’—and therefore expands Evan Winerman, Senior Counsel (202– FDICIA’s netting protections—using an AGENCY: Board of Governors of the 872–7578), Justyna Bolter, Attorney activities-based test that includes a Federal Reserve System. (202–452–2686), Legal Division. Users qualitative component and a ACTION: Notice of proposed rulemaking. of Telecommunication Device for Deaf quantitative component. The qualitative (TDD) only, call (202) 263–4869. SUMMARY: The Board of Governors component requires that the person (Board) is seeking comment on a SUPPLEMENTARY INFORMATION: ‘‘represent[ ], orally or in writing, that it proposal to amend Regulation EE to I. Background will engage in financial contracts as a include certain new entities in the counterparty on both sides of one or Sections 401–407 of the Federal definition of ‘‘financial institution’’ more financial markets.’’ 4 A person that Deposit Insurance Corporation contained in section 402 of the Federal makes this representation demonstrates Improvement Act of 1991 (FDICIA) 1 Deposit Insurance Corporation that it is willing to engage in validate netting contracts among Improvement Act of 1991 (FDICIA) so transactions on both sides of the market financial institutions. Parties to a that they will be covered by FDICIA’s and is, in effect, holding itself out as a netting contract agree that they will pay netting provisions. The proposal would market intermediary.5 The quantitative or receive the net, rather than the gross, also clarify how the existing activities- component requires that the person payment due under the netting contract. based test in Regulation EE applies have either (1) one or more financial FDICIA provides certainty that netting following a consolidation of legal contracts of a total gross dollar value of contracts will be enforced, even in the entities. at least $1 billion in notional principal event of the insolvency of one of the amount outstanding on any day during DATES: Comments must be received on parties. FDICIA’s netting provisions the previous 15-month period with or before July 1, 2019. were designed to promote efficiency and counterparties that are not its affiliates ADDRESSES: When submitting reduce systemic risk within the banking or (2) total gross mark-to-market comments, please consider submitting system and financial markets.2 As positions of at least $100 million your comments by email or fax because market participants generally manage (aggregated across counterparties) in one paper mail in the Washington, DC area their counterparty risk by setting or more financial contracts on any day and at the Board may be subject to bilateral exposure limits vis-a`-vis other during the previous 15-month period delay. You may submit comments, market participants, FDICIA’s netting with counterparties that are not its identified by Docket No. R–1661, RIN protections allow market participants to affiliates.6 Since Regulation EE was 7100–AF 48, by any of the following rely on net exposure values, thereby finalized in 1994, the Board has made methods: enhancing market liquidity and only a non-substantive amendment in • Agency Website: http:// reducing counterparty risk. 1996 to clarify that the representation of www.federalreserve.gov. Follow the The netting provisions apply to financial market intermediary status can instructions for submitting comments at bilateral netting contracts between two be made orally or in writing. http://www.federalreserve.gov/ financial institutions and multilateral Regulation EE does not expand the generalinfo/foia/ProposedRegs.cfm. netting contracts among members of a definition of ‘‘financial institution’’ by • Email: regs.comments@ clearing organization. FDICIA section rule to include institutions or federalreserve.gov. Include docket 402(9) defines ‘‘financial institution’’ to individuals who are end users and not number in the subject line of the include a depository institution, a market intermediaries. However, the message. securities broker or dealer, a futures • Fax: (202) 452–3819 or (202) 452– commission merchant, or any other 3 58 FR 29149, 29150 (May 19, 1993). 3102. 4 12 CFR 231.3(a). Regulation EE generally defines • institution as determined by the Board. Mail: Ann E. Misback, Secretary, In Regulation EE, the Board broadened the term ‘‘financial contract’’ by reference to the Board of Governors of the Federal term ‘‘qualified financial contract’’ under section 11(e)(8)(D) of the Federal Deposit Insurance Act, 12 Reserve System, 20th Street and 1 Public Law 102–242; 105 Stat. 2236, 2372–3; 12 U.S.C. 1821(e)(8)(D). 12 CFR 231.2(c). Constitution Avenue NW, Washington, U.S.C. 4401–4407. 5 59 FR 4780, 4782 (Feb. 2, 1994). DC 20551. 2 See FDICIA section 401, 12 U.S.C. 4401. 6 Id.

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Board has issued a limited number of A. Qualification as a Financial certain categories of institutions to the case-by-case ‘‘financial institution’’ Institution Based on Type of Entity definition of ‘‘financial institution’’ determinations with respect to certain Consistent with the purposes of would benefit financial markets that government-sponsored end users and FDICIA’s netting provisions, the continue to rely on FDICIA’s netting members in a large-value fund transfer proposal would apply the netting provisions. system.7 benefits in Regulation EE to entities 1. Swap Dealers and Security-Based Certain payment, clearing, and whose coverage would reduce systemic Swap Dealers risk and increase efficiency in the settlement systems continue to rely on As noted above, when the Board financial markets. (The Board FDICIA’s netting provisions to ensure proposed Regulation EE in 1993, the recognizes that some entities that would that their netting agreements will be Board recognized the important role that qualify as financial institutions under enforceable if a participant in the swap dealers played in the financial the proposal might already qualify as system becomes insolvent.8 An markets but stated that swap dealers financial institutions under FDICIA’s were ‘‘unregulated.’’ 13 Congress organization that relies on the bilateral statutory definition or under the subsequently imposed extensive new netting provisions of FDICIA section existing activities-based test in requirements on swap dealers and 403 would require that all of its Regulation EE.) members qualify as financial When the Board promulgated security-based swap dealers. institutions under FDICIA’s statutory Regulation EE in 1994, the Board chose Specifically, Title VII of the Dodd-Frank definition or under Regulation EE. An not to adopt a test for expanding Act imposes a variety of requirements organization that relies on the financial institution status based on an on swap dealers and security-based multilateral netting provisions of entity’s regulatory status or charter swap dealers, including a requirement FDICIA section 404 would generally category. The Board stated at the time to register with the CFTC or the SEC, respectively, when they exceed a de require that all of its members qualify as that such a test would have been over- 14 either (1) financial institutions under inclusive because it would have minimis level of dealing activity. The requirements in Title VII of the FDICIA’s statutory definition or under extended financial institution status to Dodd-Frank Act recognize the important Regulation EE or (2) clearing entities that (1) were not market intermediaries and (2) did not engage in role that swap dealers and security- organizations as defined in FDICIA based swap dealers play as section 402(2).9 a volume of transactions that could create systemic risk.10 The Board also intermediaries in derivatives markets. II. Description of Proposed Rule noted, when it proposed Regulation EE Proposed § 231.3(d)(1) and (2) would in 1993, that a test based on regulatory clarify that swap dealers registered with The Board proposes to extend status or charter category would have the CFTC and security-based swap ‘‘financial institution’’ status for been under-inclusive because it would dealers registered with the SEC are purposes of FDICIA’s netting provisions have excluded ‘‘major unregulated financial institutions. to certain new categories of entities. The market participants, such as swap 2. Major Swap Participants and Major Board also proposes to clarify how the dealers ....’’11 Security-Based Swap Participants existing activities-based test in Since the Board promulgated Title VII of the Dodd-Frank Act not Regulation EE applies following a Regulation EE in 1994, the domestic and only imposes new requirements on consolidation of legal entities. global landscape for financial regulation swap dealers and security-based swap has changed dramatically. For example, dealers, but also on major swap 7 Pursuant to these case-by-case determinations, the Dodd-Frank Wall Street Reform and the Board has granted ‘‘financial institution’’ status participants (MSPs) and major security- ® Consumer Protection Act (Dodd-Frank to certain members of the CHIPS funds-transfer Act),12 signed into law on July 21, 2010, based swap participants (MSBSPs). system and to certain government-sponsored imposed or expanded federal MSPs and MSBSPs are, generally, enterprises including Fannie Mae, Freddie Mac, entities that hold large derivatives Sallie Mae, the Farm Credit System Banks, and the supervision and regulation for multiple Federal Home Loan Banks. types of entities that serve as financial positions but are not swap dealers or 15 8 The Board recognizes that certain financial market intermediaries or are security-based swap dealers. Like institutions and clearing organizations may also systemically important, including swap swap dealers and security-based swap rely on provisions of the Bankruptcy Code, the dealers, MSPs and MSBSPs must, inter Federal Deposit Insurance Act, and other statutes to dealers, security-based swap dealers, ensure the enforceability of netting agreements for nonbank financial companies that the alia, register with the CFTC and SEC, 16 particular financial contracts (e.g., swap agreements Financial Stability Oversight Council respectively. The requirements in and repurchase agreements) and master netting (FSOC) has subjected to Board Title VII of the Dodd-Frank Act agreements for multiple types of financial contracts. supervision and regulation, and FSOC- recognize that, while MSPs and MSBSPs 9 FDICIA section 402(2) generally defines are not necessarily intermediaries, they ‘‘clearing organization’’ to include entities that designated financial market utilities. In provide clearing, netting, and settlement services to subjecting these entities to higher levels may present an important source of risk their members and in which all members of the of regulation and supervision due to in the derivatives markets. Proposed entity are themselves financial institutions or § 231.3(d)(1) and (2) would clarify that clearing organizations. However, certain entities their activities, transaction volumes, qualify as clearing organizations under FDICIA and risks presented to the financial 13 section 402(2)—and are therefore eligible for the markets, Congress indicated the 58 FR 29149, 29150 (May 19, 1993). multilateral netting protections under FDICIA 14 See 7 U.S.C. 6s (swap dealer registration importance of the smooth functioning of requirement) and 17 CFR 1.3 (swap dealer section 404—without regard to whether all of their these entities to the financial markets. members qualify as financial institutions or clearing definition and de minimis thresholds); 15 U.S.C. organizations. Specifically, an entity automatically In keeping with FDICIA’s goals of 78o–10 (security-based swap dealer registration qualifies as a clearing organization if it is (1) reducing systemic risk and increasing requirement) and 17 CFR 240.3a71–1 and 240.3a71– registered with the Securities and Exchange efficiency in the financial markets, the 2 (security-based swap dealer definition and de Commission (SEC) as a clearing agency or has been Board believes that the addition of minimis thresholds). exempted from registration by SEC order or (2) 15 See 7 U.S.C. 1a(33) (MSP definition) and 15 registered with the Commodity Futures Trading U.S.C. 78c(a)(67) (MSBSP definition). Commission (CFTC) as a derivatives clearing 10 59 FR 4780, 4783 (Feb. 2, 1994). 16 See 7 U.S.C. 6s (MSP registration requirement) organization or has been exempted from registration 11 58 FR 29149, 29150 (May 19, 1993). and 15 U.S.C. 78o–10 (MSBSP registration by the CFTC. 12 Public Law 111–203, 124 Stat. 1376. requirement).

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MSPs registered with the CFTC and a. Derivatives Clearing Organizations designate an entity as a DFMU, the MSBSPs registered with the SEC are and Clearing Agencies FSOC considers the aggregate monetary financial institutions. The Dodd-Frank Act and other post- value of its transactions, its aggregate FDICIA legislation demonstrate specific exposure, interconnectedness with other 3. Nonbank Systemically Important entities, effect of its failure or disruption Financial Institutions Congressional interest in derivatives clearing organizations (DCOs) and on the financial system and any other 17 clearing agencies (CAs).22 For example, factors that the FSOC deems Title I of the Dodd-Frank Act 29 extends Board supervision and the Commodity Futures Modernization appropriate. The FSOC has currently 23 designated eight FMUs, including a U.S. regulation to certain nonbank financial Act of 2000 amended the Commodity dollar payment system,30 a multi- companies that could pose a threat to Exchange Act to create core principles currency foreign exchange settlement financial stability.18 Title I authorizes with which a DCO must comply in system,31 a CSD/SSS,32 and CCPs for the FSOC to subject nonbank financial order to be registered and to maintain registration as a DCO, while Title VII of securities and derivatives.33 Ensuring companies to supervision and that all DFMUs (not just those that are regulation by the Board in order to the Dodd-Frank Act amended the Commodity Exchange Act to provide CAs or DCOs, which are captured in the address any potential risks that these explicitly that the CFTC can implement discussion above) qualify as ‘‘financial companies pose to financial stability these core principles via rulemaking.24 institutions’’ would ensure that all (such designated entities are referred to Similarly, Title VII of the Dodd-Frank DFMUs can participate in other FMUs as ‘‘nonbank systemically important Act amended the Securities Exchange that rely on FDICIA’s netting financial institutions’’ or ‘‘nonbank Act to, inter alia, require the SEC to protections, which would reduce 19 SIFIs’’). In determining whether to adopt rules governing CAs that clear systemic risk and increase efficiency in designate an entity as a nonbank SIFI, security-based swaps.25 the financial markets. the FSOC considers its leverage, off- Under FDICIA section 402(2), DCOs Accordingly, proposed § 231.3(d)(5) balance-sheet exposures, and CAs are ‘‘clearing organizations,’’ would define ‘‘financial institution’’ to interconnectedness with other entities, and therefore their members are eligible include DFMUs. importance as a source of liquidity, for the multilateral netting protections 5. Foreign Banks source of credit, manner of asset under FDICIA section 404 without management, asset mix, other regulatory regard to whether all participants in a FDICIA section 402(9) defines the oversight, amount and nature of DCO or CA qualify as financial term ‘‘financial institution’’ to include financial assets, amount and types of institutions or clearing organizations. ‘‘a depository institution,’’ and FDICIA liabilities, and other risk-related However, DCOs and CAs do not section 402(6) defines ‘‘depository factors.20 themselves automatically qualify as institution’’ to include ‘‘a branch or ‘‘financial institutions.’’ Ensuring that agency of a foreign bank, a foreign bank FSOC designation of a nonbank SIFI DCOs and CAs are ‘‘financial and any branch or agency of the foreign indicates that the nonbank SIFI plays an institutions’’ would ensure that DCOs bank, or the foreign bank that important role in U.S. financial markets. and CAs can participate in other FMUs established the branch or agency, as Consistent with FDICIA’s purpose of that rely on the bilateral netting those terms are defined in section 1(b) enhancing efficiency and reducing protections in FDICIA section 403, of the International Banking Act of systemic risk in the financial markets, which would reduce systemic risk and 1978.’’ The International Banking Act proposed § 231.3(d)(6) would define increase efficiency in the financial defines ‘‘foreign bank’’ broadly to ‘‘financial institution’’ to include markets. encompass banking institutions nonbank SIFIs. Accordingly, proposed § 231.3(d)(3) organized under the laws of a foreign would define ‘‘financial institution’’ to 4. Certain Financial Market Utilities country, a territory of the United States, include DCOs that are registered with Puerto Rico, Guam, American Samoa, or Financial market utilities (FMUs) are the CFTC or have been exempted from the Virgin Islands.34 entities that manage or operate registration by the CFTC,26 and The Board believes that FDICIA’s multilateral systems for the purpose of proposed § 231.3(d)(4) would define statutory definitions of ‘‘depository transferring, clearing or settling ‘‘financial institution’’ to include CAs institution’’ and ‘‘financial institution’’ payments, securities, or other financial that are registered with the SEC or have extend to all foreign banks, including transactions among participants or been exempted from registration by the foreign banks that do not have a U.S. SEC.27 between participants and the FMU branch or agency. This view is itself.21 FMUs include payment b. Designated Financial Market Utilities consistent with the statutory language as well as the relevant legislative history.35 systems, central securities depositories Under Title VIII of the Dodd-Frank (CSDs), securities settlement systems Act, the FSOC can designate FMUs as 29 (SSSs), and central counterparties 12 U.S.C. 5463. systemically important, after which 30 The Clearing House Payment Company, L.L.C., (CCPs). Since FDICIA was enacted in such designated FMUs (DFMUs) become on the basis of its role as operator of the Clearing 1991, lawmakers and regulators around subject to an enhanced supervisory House Interbank Payments System. the world have increasingly recognized framework.28 In determining whether to 31 CLS Bank International. the importance of FMUs, which can 32 The Depository Trust Company. 33 Chicago Mercantile Exchange, Inc.; ICE Clear 22 DCOs provide clearing services for CFTC- serve a critical role in fostering financial Credit L.L.C.; The Options Clearing Corporation; regulated derivatives, while CAs provide clearing stability but can also pose significant Fixed Income Clearing Corporation; and National services for securities. See 7 U.S.C. 1a(15) and 15 Securities Clearing Corporation. risks to the financial system. U.S.C. 78c(a)(23). 34 12 U.S.C. 3101(7). 23 Public Law 106–554, 114 Stat. 2763 (2000). 35 See H.R. Rep No. 109–31, at 126 (2005) (noting 17 12 U.S.C. chapter 53, subchapter 1. 24 See 7 U.S.C. 7a–1(c)(2). that expanding FDICIA’s definition of ‘‘financial 18 25 12 U.S.C. 5311(a)(4). 15 U.S.C. 78q–1(j). institutions’’ to include foreign banks would 19 12 U.S.C. 5323. 26 See 7 U.S.C. 7a–1(a) and (h). ‘‘extend the protections of FDICIA to ensure that 20 Id. 27 See 15 U.S.C. 78q–1(b) and (k). U.S. financial organizations participating in netting 21 12 U.S.C. 5462. 28 See 12 U.S.C. 5461–5472. Continued

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Certain market participants have institution status to any ‘‘depository 5390(h), respectively, or a similar entity expressed concern that an alternative institution.’’ 40 The Board also believes organized under foreign law.’’ reading of the statute is possible and that a foreign bridge bank would qualify 7. Federal Reserve Banks that a court might find that a foreign as a financial institution under FDICIA’s bank does not qualify as a ‘‘depository statutory definition, because FDICIA’s The Federal Reserve Banks participate institution’’—and thus does not meet statutory definitions of ‘‘depository in financial markets through various FDICIA’s statutory definition of institution’’ and ‘‘financial institution’’ types of transactions, called ‘‘open ‘‘financial institution’’—unless the extend to all foreign banks, including market operations,’’ that are used to foreign bank has a U.S. branch or foreign bridge banks.41 implement monetary policy.43 In the agency. Proposed § 231.3(d)(7) would Proposed § 231.3(d)(8) would ensure event that a Federal Reserve Bank does clarify that all foreign banks are that all bridge institutions that are not separately meet the quantitative test financial institutions, including foreign established to help resolve financial in Regulation EE, the Board believes banks that do not have a U.S. branch or institutions—including bridge financial that it should be clear that each Federal agency and bridge banks that foreign companies established by the FDIC and Reserve Bank is a ‘‘financial institution’’ authorities establish to facilitate the similar nonbank bridge institutions and is able to benefit from the netting resolution of foreign banks. established under foreign law—can provisions of Regulation EE. Proposed § 231.3(d)(9) would ensure that the 6. Bridge Institutions qualify as financial institutions. Proposed § 231.3(d)(8) would provide Federal Reserve Banks qualify as Under certain circumstances, that ‘‘[a] bridge institution established financial institutions. governmental authorities can charter for the purpose of resolving a financial 8. Request for Comment bridge institutions to facilitate the institution’’ is itself a financial resolution of another legal entity, The Board requests comment on institution.42 Proposed § 231.2(c) would including a non-bank entity. For whether the entities described above define ‘‘bridge institution’’ as ‘‘a legal example, under Title II of the Dodd- should qualify as financial institutions. entity that has been established by a Frank Act, the Federal Deposit The Board also requests comment on governmental authority to take over, Insurance Corporation (FDIC) can whether other categories of entities transfer, or continue operating critical establish a ‘‘bridge financial company’’ should qualify as financial institutions. functions and viable operations of an when the FDIC acts as receiver for a In addition, the Board requests entity in resolution. A bridge institution nonbank ‘‘covered financial comment on whether it should include company.’’ 36 Title II allows a bridge could include a bridge depository in the definition of financial institution financial company to, inter alia, assume institution or a bridge financial an entity that is a qualifying central liabilities of the covered financial company organized by the Federal counterparty under 12 CFR 217.2. What company and purchase assets from the Deposit Insurance Corporation in entities might benefit from such covered financial company.37 Similarly, accordance with 12 U.S.C. 1821(n) or inclusion? section 11(n) of the Federal Deposit B. Activities-Based Test Insurance Act allows the FDIC to 40 The first prong of FDICIA’s definition of ‘‘depository institution’’ includes a depository As noted above, the quantitative establish a bridge bank or savings institution as defined in section 19(b)(1)(A) of the association to facilitate the resolution of component of the activities-based test Federal Reserve Act (other than clause (vii)). The requires that a person have either (1) a failed bank or savings association.38 relevant section of the Federal Reserve Act states Foreign authorities can establish similar that the term ‘‘depository institution’’ includes, one or more financial contracts of a total bridge institutions.39 inter alia, any insured bank as defined in section gross dollar value of at least $1 billion 3 of the Federal Deposit Insurance Act and any in notional principal amount The Board believes that any bridge savings association (as defined in section 3 of the institution, foreign or domestic, would Federal Deposit Insurance Act) which is an insured outstanding on any day during the require uninterrupted access to payment depository institution (as defined in such Act). previous 15-month period with systems or clearing organizations, some Section 3(h) of the Federal Deposit Insurance Act counterparties that are not its affiliates in turn defines the term ‘‘insured bank’’ to mean or (2) total gross mark-to-market of which might require participants to any bank, the deposits of which are insured in be financial institutions for purposes of accordance with the provisions of the Act, and positions of at least $100 million FDICIA’s netting provisions. A bridge section 3(c)(2) of the Federal Deposit Insurance Act (aggregated across counterparties) in one bank or savings association that the defines ‘‘insured depository institution’’ to mean or more financial contracts on any day any bank or savings association, the deposits of during the previous 15-month period FDIC establishes pursuant to section which are insured by the Corporation pursuant to 11(n) of the Federal Deposit Insurance the Act. Section 11(n)(d) of the Federal Deposit with counterparties that are not its 44 Act would qualify as a financial Insurance Act states that a bridge depository affiliates. The Board proposes to add institution under FDICIA’s statutory institution shall be an insured depository definition, which extends financial institution from the time it is chartered as a national 43 See sections 12A and 14 of the Federal Reserve bank or Federal savings association. Accordingly, at Act (allowing the Federal Open Market Committee the time the FDIC charters a bridge bank or savings to authorize the Federal Reserve Banks to engage in agreements with foreign banks are covered by association, the deposits of that bridge bank or various types of open market operations). [FDICIA], thereby enhancing the safety and savings association are insured by the FDIC, and the 44 12 CFR 231.3(a). The Bankruptcy Code soundness of these arrangements’’). bridge bank or savings association therefore includes a test for identifying ‘‘financial 36 12 U.S.C. 5390(h). qualifies as (1) an insured bank and/or an insured participants’’ that is substantively identical to the 37 12 U.S.C. 5390(h)(1)(b). depository institution under the Federal Deposit quantitative test in Regulation EE. 11 U.S.C. 38 12 U.S.C. 1821(n). Insurance Act and (2) a depository institution under 101(22A). Under the Bankruptcy Code, financial 39 See, e.g., Directive 2014/59/EU of the European Federal Reserve Act section 19(b)(1)(A) and FDICIA participants that enter into certain types of financial Parliament and of the Council of 15 May 2014 section 402. contracts and master netting agreements for those establishing a framework for the recovery and 41 As noted above, proposed § 231.3(d)(7) would financial contracts are exempt from provisions of resolution of credit institutions and investment codify the Board’s existing view that all foreign the Bankruptcy Code that might otherwise delay or firms and amending Council Directive 82/891/EEC, banks are financial institutions, including foreign prevent netting related to those contracts. See, e.g., and Directives 2001/24/EC, 2002/47/EC, 2004/25/ bridge banks. 11 U.S.C. 362(b)(6), (7), (17), and (27) (specifying EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/ 42 This provision would apply to a bridge that the Bankruptcy Code’s automatic stay does not EU and 2013/36/EU, and Regulations (EU) No 1093/ institution established for the purpose of resolving prevent a financial participant from exercising a 2010 and (EU) No 648/2012, of the European an entity that either (1) meets FDICIA’s statutory contractual right to, inter alia, ‘‘offset or net out any Parliament and of the Council, 2014 OJ (L 173) 190, definition of financial institution or (2) qualifies as termination value, payment amount, or other Article 40. a financial institution under Regulation EE. transfer obligation arising under or in connection

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language to clarify, consistent with its thresholds.’’ The Board requests to which the proposed rule will apply. current understanding, that the comment on this proposed approach. The Small Business Administration ‘‘previous 15-month period’’ also The Board also requests comment on (SBA) has adopted small entity size includes the day on which the notional whether it should make any other standards which generally provide that principal amount of $1 billion is met by modifications to the existing activities- financial entities are ‘‘small entities’’ adding the words ‘‘at such time’’ to based test. The Board does not propose only if they have (1) at most, $38.5 proposed §§ 231.3(a)(1) and (a)(2).45 to make any other changes at this time. million or less in annual receipts or (2) for depository institutions and credit The Board also proposes to clarify IV. Regulatory Analysis card issuers, $550 million or less in how the existing activities-based test in A. Paperwork Reduction Act assets.50 The Board does not believe that Regulation EE applies following a the proposed rule would apply to any consolidation of legal entities. The In accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. small entities. The proposed rule would quantitative component of the activities- extend ‘‘financial institution’’ status to based test may not be clear if, for 3506; 5 CFR part 1320, Appendix A.1), the Board may not conduct or sponsor, swap dealers, security-based swap example, two or more entities dealers, MSPs, MSBSPs, DCOs, clearing consolidate and each of these entities and a respondent is not required to respond to, an information collection agencies, bridge institutions, and did not, on its own, meet the Federal Reserve Banks.51 The Board has quantitative thresholds described above. unless it displays a valid Office of Management and Budget (OMB) control previously determined that DFMUs are Accordingly, the Board is proposing to not small entities; 52 the CFTC has clarify that, upon the consolidation of number. The Board reviewed the proposed rule under the authority previously determined that swap two or more entities, the surviving delegated to the Board by the OMB and dealers, MSPs, and DCOs are not small entity may aggregate the total gross 53 determined that it contains no entities; and the SEC has previously dollar value of notional principal collections of information under the determined that security-based swap amounts outstanding or the total gross PRA.47 Accordingly, there is no dealers, MSBSPs, and clearing agencies mark-to-market positions of both are not small entities.54 The Federal paperwork burden associated with the 55 entities on each calendar day during the rule. Reserve Banks are not small entities. previous 15-month period, and such Similarly, a bridge financial company total amounts would be used to B. Regulatory Flexibility Act would not be a small entity.56 As noted determine whether the surviving entity In accordance with section 4 of the above, under U.S. law, the FDIC can meets the quantitative thresholds of the Regulatory Flexibility Act (RFA), 5 establish a bridge financial company activities-based test.46 Proposed U.S.C. 601 et seq., the Board is when it acts as receiver for a failing § 231.3(b) would clarify that ‘‘[a]fter two publishing an initial regulatory financial company. In order for the FDIC or more persons consolidate, such as flexibility analysis for the proposed to be appointed as receiver for a through a merger or acquisition, the rule. The RFA generally requires an financial company, the Secretary of the surviving person meets the quantitative agency to assess the impact a rule is Treasury must determine that, inter alia, thresholds . . . if, on the same, single expected to have on small entities. The ‘‘the failure of the financial company calendar day during the previous 15- RFA requires an agency either to and its resolution under otherwise month period, the aggregate financial provide a regulatory flexibility analysis applicable Federal or State law would contracts of the consolidated persons or to certify that the proposed rule will have serious adverse effects on financial would have met such quantitative not have a significant economic impact stability in the United States.’’ 57 The on a substantial number of small failure of a financial company that is a with’’ certain types of financial contracts and entities. ‘‘small entity’’ would not affect financial master netting agreements for those financial Two of the requirements of an initial contracts). regulatory flexibility analysis 48—a 50 13 CFR 121.201, sector 52 (SBA small entity 45 This amendment would align Regulation EE size standards for finance and insurance entities). with the Bankruptcy Code test for identifying description of the reasons why the action is being considered and a 51 As explained above, the proposed rule would ‘‘financial participants’’, which is substantively also codify the Board’s existing view that foreign identical to the activities-based test in Regulation statement of the objectives of, and legal banks are financial institutions. EE but includes the words ‘‘at such time.’’ 11 U.S.C. basis for, the proposed rule—are 52 79 FR 65543, 65556 (Nov. 5, 2014). 101(22A). contained in the information above. 53 See, e.g., 81 FR 80563, 80565 (Nov. 16, 2016); 46 For example, if company A acquires company 76 FR 69334, 69428 (Nov. 8, 2011). B and, on the same, single calendar day in the last There are no reporting provisions or 54 fifteen months, company A and company B each relevant federal rules that duplicate, See, e.g., 81 FR 29959, 30142 (May 3, 2016); 81 had financial contracts of a total gross dollar value overlap, or conflict with the proposed FR 70744, 70784 (Oct. 13, 2016). 55 None of the industry codes in the SBA’s small of $500 million in notional principal amount rule.49 outstanding (equaling an aggregate notional entity size standards necessarily apply to the principal amount of $1 billion outstanding on that Another requirement for the initial Federal Reserve Banks per se, but the SBA’s size day), company A would meet the quantitative test regulatory flexibility analysis is a standards for commercial depository institutions even if it does not currently have financial contracts description of, and where feasible, an are instructive. Generally, the SBA’s size standards provide that depository institutions are small of a total gross notional value of $1 billion. estimate of, the number of small entities Similarly, if company A and company B each had, entities if they have $550 million or less in assets. on the same, single calendar day in the last fifteen 13 CFR 121.201, sector 52. Each of the Federal months, total gross mark-to-market positions of $50 47 See 44 U.S.C. 3502(3). Reserve Banks holds significantly more than $550 million in one or more financial contracts (equaling 48 5 U.S.C. 603(b). million in assets. See the Statement of Condition of an aggregate gross mark-to-market position of $100 49 As noted above, certain entities and financial Each Federal Reserve Bank, https:// million on such day), company A would meet the markets do not rely on FDICIA’s netting provisions www.federalreserve.gov/releases/h41/current/ quantitative test even if it does not currently have to ensure the enforceability of their netting h41.htm#h41tab10a. financial contracts with a total gross mark-to-market agreements, but instead rely on provisions of the 56 A bridge depository institution might be a positions of at least $100 million. Each of these Bankruptcy Code, the Federal Deposit Insurance small entity, but this proposed rule would not affect qualifications under the quantitative test for Act, and other statutes to ensure the enforceability the status of bridge depository institutions under surviving company A would last 15 months from of netting agreements for particular financial FDICIA because (as noted above) such institutions the day on which the relevant quantitative contracts (e.g., swap agreements and repurchase qualify as ‘‘financial institutions’’ under FDICIA’s threshold was reached, unless surviving company agreements) and master netting agreements for statutory definition. A subsequently independently meets the test. multiple types of financial contracts. 57 12 U.S.C. 5383(b)(2).

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stability in the United States.58 governmental authority to take over, Trading Commission pursuant to Accordingly, the FDIC would not act as transfer, or continue operating critical section 5b(a) of the Commodity receiver—and would not form a bridge functions and viable operations of an Exchange Act (7 U.S.C. 7a–1(a)) or a financial company—for a small entity. It entity in resolution. A bridge institution derivatives clearing organization that is therefore unlikely that a bridge could include a bridge depository the Commodity Futures Trading financial company would be a small institution or a bridge financial Commission has exempted from entity. company organized by the Federal registration by rule or order pursuant to C. Plain Language Deposit Insurance Corporation in section 5b(h) of the Commodity accordance with 12 U.S.C. 1821(n) or Exchange Act (7 U.S.C. 7a–1(h)). Section 722 of the Gramm-Leach 5390(h), respectively, or a similar entity (4) A clearing agency registered with Bliley Act requires the Board to use organized under foreign law. the U.S. Securities and Exchange plain language in all proposed and final ■ 3. Amend § 231.3 by revising Commission pursuant to section 17A(b) rules published after January 1, 2000. paragraph (a), re-designating paragraph of the Securities Exchange Act of 1934 The Board invites your comments on (c) as paragraph (d) and paragraph (b) as (15 U.S.C. 78q–1(b)) or a clearing agency how to make this proposed rule easier paragraph (c) and adding new that the U.S. Securities and Exchange to understand. For example: paragraphs (b) and (e) to read as follows: Commission has exempted from • Has the Board organized the registration by rule or order pursuant to material to suit your needs? If not, how § 231.3 Qualification as a financial section 17A(k) of the Securities could this material be better organized? institution. • Exchange Act of 1934 (15 U.S.C. 78q– Are the requirements in the (a) Activities-based test: A person 1(k)). proposed rule clearly stated? If not, how qualifies as a financial institution for (5) A financial market utility that the could the proposed rule be more clearly purposes of sections 401–407 of the Act Financial Stability Oversight Council stated? if it represents, orally or in writing that • has designated as, or as likely to Does the proposed rule contain it will engage in financial contracts as become, systemically important language or jargon that is not clear? If a counterparty on both sides of one or pursuant to 12 U.S.C. 5463. so, which language requires more financial markets and either— (6) A nonbank financial company that clarification? (1) Had one or more financial the Financial Stability Oversight • Would a different format (grouping contracts of a total gross dollar value of Council has determined shall be and order of sections, use of headings, at least $1 billion in notional principal supervised by the Board and subject to paragraphing) make the proposed rule amount outstanding at such time or on prudential standards, pursuant to 12 easier to understand? If so, what any day during the previous 15-month U.S.C. 5323; changes to the format would make the period with counterparties that are not (7) A foreign bank as defined in proposed rule easier to understand? its affiliates; or section 1(b) of the International Banking • What else could the Board do to (2) Had total gross mark-to-market Act of 1978 (12 U.S.C. 3101), including make the regulation easier to positions of at least $100 million a foreign bridge bank; understand? (aggregated across counterparties) in one (8) A bridge institution established for List of Subjects in 12 CFR Part 231 or more financial contracts at such time the purpose of resolving a financial or on any day during the previous 15- institution; or Banks, Banking, Financial month period with counterparties that institutions, Netting. (9) A Federal Reserve Bank. are not its affiliates. For the reasons set forth in the By order of the Board of Governors of the (b) After two or more persons Federal Reserve System, April 26, 2019. preamble, the Board proposes to amend consolidate, such as through a merger or Ann Misback, Regulation EE, 12 CFR part 231, as acquisition, the surviving person meets follows: the quantitative thresholds under Secretary of the Board. paragraphs (a)(1) and (a)(2) if, on the [FR Doc. 2019–08898 Filed 5–1–19; 8:45 am] PART 231—NETTING ELIGIBILITY FOR BILLING CODE 3210–01–P FINANCIAL INSTITUTIONS same, single calendar day during the (REGULATION EE) previous 15-month period, the aggregate financial contracts of the consolidated ■ 1. The authority citation for Part 231 persons would have met such FEDERAL TRADE COMMISSION quantitative thresholds. continues to read as follows: 16 CFR Chapter I Authority: 12 U.S.C. 4402(1)(B) and * * * * * 4402(9). (e) Other financial institutions: A Regulatory Review Schedule ■ person qualifies as a financial 2. In § 231.2, redesignate paragraphs institution for purposes of sections 401– AGENCY: Federal Trade Commission. (c) through (f) as paragraphs (d) through 407 of the Act if it is— ACTION: Intent to request public (g), and add new paragraph (c) to read (1) A swap dealer or major swap comments. as follows: participant registered with the Commodity Futures Trading SUMMARY: As part of its ongoing, § 231.2 Definitions. systematic review of all Federal Trade * * * * * Commission pursuant to section 4s of the Commodity Exchange Act (7 U.S.C. Commission rules and guides, the (c) Bridge institution means a legal Commission announces a modified ten- entity that has been established by a 6s). (2) A security-based swap dealer or year regulatory review schedule. No major security-based swap participant Commission determination on the need 58 See 13 CFR 121.201, sector 52 (Small Business for, or the substance of, the rules and Administration small entity size standards for registered with the U.S. Securities and finance and insurance entities), which generally Exchange Commission pursuant to guides listed below should be inferred provides that financial entities are ‘‘small entities’’ section 15F of the Securities Exchange from this notice. only if they have (1) at most, $38.5 million or less DATES: May 2, 2019. in annual receipts or (2) for depository institutions Act of 1934 (15 U.S.C. 78o–10). and credit card issuers, $550 million or less in (3) A derivatives clearing organization FOR FURTHER INFORMATION CONTACT: assets. registered with the Commodity Futures Further details about particular rules or

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guides may be obtained from the contact website 1 to facilitate comment. This 311, Test Procedures and Labeling person listed below for the rule or website contains an updated review Standards for Recycled Oil; 16 CFR 460, guide. schedule, a list of rules and guides Labeling and Advertising of Home SUPPLEMENTARY INFORMATION: To ensure previously eliminated in the regulatory Insulation, and 16 CFR 316, CAN– that its rules and industry guides remain review process, and the Commission’s SPAM Rule. During 2018 and 2019, it relevant and are not unduly regulatory review plan. also repealed 16 CFR 410, Deceptive Advertising as to Sizes of Viewable burdensome, the Commission reviews Modified Ten-Year Schedule for Pictures Shown By Television Receiving them on a ten-year schedule. Each year Review of FTC Rules and Guides the Commission publishes its review Sets, and voted to rescind 16 CFR 18, schedule, with adjustments made in For 2019, the Commission intends to Guides for the Nursery Industry. A copy response to public input, changes in the initiate a review of, and solicit public of the Commission’s modified marketplace, and resource demands. comments on, the following rule: regulatory review schedule, indicating When the Commission reviews a rule (1) Funeral Industry Practices, 16 CFR initiation dates for reviews through or guide, it publishes a document in the part 453. Agency Contact: Patricia H. 2029, is appended. The Commission, in Federal Register seeking public Poss, (202) 326–2413, Federal Trade its discretion, may modify or reorder the comment on the continuing need for the Commission, Bureau of Consumer schedule in the future to incorporate rule or guide, as well as the rule’s or Protection, Division of Marketing new rules, or to respond to external guide’s costs and benefits to consumers Practices, 600 Pennsylvania Avenue factors (such as changes in the law) or and businesses. Based on this feedback, NW, Washington, DC 20580. other considerations. the Commission may modify or repeal The Commission is currently Authority: 15 U.S.C. 41–58. 2 the rule or guide to address public reviewing 10 of the 64 rules and guides By direction of the Commission. concerns or changed conditions, or to within its jurisdiction. During 2018 and Julie A. Mack, reduce undue regulatory burden. 2019, it completed reviews of 16 CFR Acting Secretary. The Commission posts information 23, Guides for the Jewelry, Precious about its review schedule on its Metals, and Pewter Industries; 16 CFR Appendix

REGULATORY REVIEW MODIFIED TEN–YEAR SCHEDULE

16 CFR part Topic Year to initiate review

24 ...... Guides for Select Leather and Imitation Leather Products ...... Currently Under Review. 308 ...... Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992 Currently Under Review. [Pay Per Call Rule]. 310 ...... Telemarketing Sales Rule ...... Currently Under Review. 314 ...... Standards for Safeguarding Customer Information ...... Currently Under Review. 315 ...... Contact Lens Rule ...... Currently Under Review. 423 ...... Care Labeling of Textile Wearing Apparel and Certain Piece Goods ...... Currently Under Review. 433 ...... Preservation of Consumers’ Claims and Defenses [Holder in Due Course Rule] ...... Currently Under Review. 436 ...... Disclosure Requirements and Prohibitions Concerning Franchising ...... Currently Under Review. 456 ...... Ophthalmic Practice Rules (Eyeglass Rule) ...... Currently Under Review. 681 ...... Identity Theft [Red Flag] Rules ...... Currently Under Review. 453 ...... Funeral Industry Practices ...... 2019. 14 ...... Administrative Interpretations, General Policy Statements, and Enforcement Policy Statements ..... 2020. 255 ...... Guides Concerning Use of Endorsements and Testimonials in Advertising ...... 2020. 313 ...... Privacy of Consumer Financial Information ...... 2020. 317 ...... Prohibition of Energy Market Manipulation Rule ...... 2020. 318 ...... Health Breach Notification Rule ...... 2020. 432 ...... Power Output Claims for Amplifiers Utilized in Home Entertainment Products ...... 2020. 640 ...... Duties of Creditors Regarding Risk-Based Pricing ...... 2020. 641 ...... Duties of Users of Consumer Reports Regarding Address Discrepancies ...... 2020. 642 ...... Prescreen Opt-Out Notice ...... 2020. 660 ...... Duties of Furnishers of Information to Consumer Reporting Agencies ...... 2020. 680 ...... Affiliate Marketing ...... 2020. 698 ...... Model Forms and Disclosures ...... 2020. 801 ...... [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules ...... 2020. 802 ...... [Hart-Scott-Rodino Antitrust Improvements Act] Exemption Rules ...... 2020. 803 ...... [Hart-Scott-Rodino Antitrust Improvements Act] Transmittal Rules ...... 2020. 437 ...... Business Opportunity Rule ...... 2021. 233 ...... Guides Against Deceptive Pricing ...... 2022. 238 ...... Guides Against Bait Advertising ...... 2022. 251 ...... Guide Concerning Use of the Word ‘‘Free’’ and Similar Representations ...... 2022. 260 ...... Guides for the Use of Environmental Marketing Claims ...... 2022. 312 ...... Children’s Online Privacy Protection Rule ...... 2022. 254 ...... Guides for Private Vocational and Distance Education Schools ...... 2023. 309 ...... Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles ...... 2023. 429 ...... Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations ...... 2023. 20 ...... Guides for the Rebuilt, Reconditioned, and Other Used Automobile Parts Industry ...... 2024. 240 ...... Guides for Advertising Allowances and Other Merchandising Payments and Services [Fred Meyer 2024. Guides].

1 http://www.ftc.gov/enforcement/rules/ 2 The Commission will have 63 rules and guides regulatory-review. within its jurisdiction after its rescission of 16 CFR 18 becomes effective.

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REGULATORY REVIEW MODIFIED TEN–YEAR SCHEDULE—Continued

16 CFR part Topic Year to initiate review

300 ...... Rules and Regulations under the Wool Products Labeling Act of 1939 ...... 2024. 301 ...... Rules and Regulations under Fur Products Labeling Act ...... 2024. 303 ...... Rules and Regulations under the Textile Fiber Products Identification Act ...... 2024. 425 ...... Use of Prenotification Negative Option Plans ...... 2024. 435 ...... Mail, Internet, or Telephone Order Merchandise ...... 2024. 424 ...... Retail Food Store Advertising and Marketing Practices [Unavailability Rule] ...... 2024. 239 ...... Guides for the Advertising of Warranties and Guarantees ...... 2025. 306 ...... Automotive Fuel Ratings, Certification and Posting ...... 2025. 305 ...... Energy Labeling Rule ...... 2025. 444 ...... Credit Practices ...... 2025. 500 ...... Regulations under Section 4 of the Fair Packaging and Labeling Act ...... 2025. 501 ...... Exemptions from Requirements and Prohibitions under Part 500 ...... 2025. 502 ...... Regulations under Section 5(c) of the Fair Packaging and Labeling Act ...... 2025 503 ...... Statements of General Policy or Interpretation [under the Fair Packaging and Labeling Act] ...... 2025. 700 ...... Interpretations of Magnuson-Moss Warranty Act ...... 2025. 701 ...... Disclosure of Written Consumer Product Warranty Terms and Conditions ...... 2025. 702 ...... Pre-Sale Availability of Written Warranty Terms ...... 2025. 703 ...... Informal Dispute Settlement Procedures ...... 2025. 304 ...... Rules and Regulations under the Hobby Protection Act ...... 2026. 455 ...... Used Motor Vehicle Trade Regulation Rule ...... 2026. 259 ...... Guide Concerning Fuel Economy Advertising for New Automobiles ...... 2027. 682 ...... Disposal of Consumer Report Information and Records ...... 2027. 23 ...... Guides for the Jewelry, Precious Metals, and Pewter Industries ...... 2028. 311 ...... Test Procedures and Labeling Standards for Recycled Oil ...... 2028. 460 ...... Labeling and Advertising of Home Insulation ...... 2028. 316 ...... CAN–SPAM Rule ...... 2029.

[FR Doc. 2019–08936 Filed 5–1–19; 8:45 am] insure the ongoing effectiveness of the For information on viewing public BILLING CODE 6750–01–P approved accreditation program(s) and comments, see the beginning of the to minimize risk to patient safety. SUPPLEMENTARY INFORMATION section. DATES: Comments: To be assured FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND consideration, comments must be Monda Shaver, 410–786–3410. received at one of the addresses HUMAN SERVICES SUPPLEMENTARY INFORMATION: provided below, no later than 5 p.m. on Inspection Centers for Medicare & Medicaid July 1, 2019. of Public Comments: All comments received before the close of the Services ADDRESSES: In commenting, refer to file comment period are available for code CMS–3368–P. Because of staff and viewing by the public, including any 42 CFR Parts 410, 414, 424, 488, and resource limitations, we cannot accept personally identifiable or confidential 493 comments by facsimile (FAX) business information that is included in transmission. [CMS–3368–P] Comments, including mass comment a comment. We post all comments received before the close of the RIN 0938–AT83 submissions, must be submitted in one of the following three ways (please comment period on the following website as soon as possible after they Medicare Program; Accrediting choose only one of the ways listed): have been received: http:// Organizations—Changes to Change of 1. Electronically. You may submit www.regulations.gov. Follow the search Ownership electronic comments on this regulation to http://www.regulations.gov. Follow instructions on that website to view AGENCY: Centers for Medicare & the ‘‘Submit a comment’’ instructions. public comments. Medicaid Services (CMS), HHS. 2. By regular mail. You may mail I. Background ACTION: Proposed rule. written comments to the following address ONLY: Centers for Medicare & Medicare-certified providers and SUMMARY: This proposed rule would add Medicaid Services, Department of suppliers participate in the Medicare requirements and a specified process to Health and Human Services, Attention: program by entering into a provider address changes of ownership as they CMS–3368–P, P.O. Box 8010, Baltimore, agreement with the Medicare program. relate to the sale, transfer, and/or MD 21244–8010. Medicare-certified providers and purchase of assets of Accrediting Please allow sufficient time for mailed suppliers include hospitals, skilled Organizations (AOs) with the Centers comments to be received before the nursing facilities (SNFs), home health for Medicare & Medicaid Services close of the comment period. agencies (HHAs), hospice programs, (CMS)-approved accreditation programs. 3. By express or overnight mail. You rural health clinics (RHCs), critical This change is intended to provide CMS may send written comments to the access hospitals (CAHs), comprehensive the ability to receive notice when an AO following address ONLY: Centers for outpatient rehabilitation facilities is contemplating undergoing or Medicare & Medicaid Services, (CORFs), laboratories, clinics, negotiating a change of ownership and Department of Health and Human rehabilitation agencies, public health the ability to review the AO’s capability Services, Attention: CMS–3368–P, Mail agencies, End Stage Renal Disease to perform its tasks after a change of Stop C4–26–05, 7500 Security (ESRD) dialysis facilities and ownership has occurred, in order to Boulevard, Baltimore, MD 21244–1850. ambulatory surgical centers (ASCs). To

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participate in the Medicare program, beneficiaries. These five supplier types change of ownership takes place when Medicare-certified providers and are Advanced Diagnostic Imaging (ADI) the responsible legal entity has changed suppliers of health care services must suppliers, Home Infusion Therapy (HIT) and typically occurs when a Medicare among other things, be substantially in suppliers, Diabetic Self-Management provider has been purchased (or leased) compliance with specified statutory Training (DSMT) entities, Durable by another organization. This section requirements of the Social Security Act Medical Equipment suppliers, suppliers specifically defines what constitutes a (the Act), as well as any additional of Prosthetics, Orthotics, and Supplies change of ownership for purposes of regulatory requirements related to the (DMEPOS), and clinical laboratories. We Medicare, the effect on the provider health and safety of patients specified describe these providers and suppliers agreement, and requires a provider that by the Secretary of the Department of as ‘‘non-certified’’ because they are is contemplating or negotiating a change Health and Human Services (the enrolled in the Medicare program but of ownership to notify CMS (See Secretary). These health and safety are not eligible to become Medicare- § 489.18(b)). In general, and with certain requirements are generally called certified by entering into a participation limited exceptions, under this existing conditions of participation (CoPs) for agreement with Medicare. process if a facility’s new owner accepts most providers, requirements for SNFs, These proposed provisions would the assignment of the provider conditions for coverage (CfCs) for ASCs affect all of the AOs that accredit agreement and provider number (also and other suppliers, and conditions for providers and suppliers, both those that known as a CMS Certification Number certification for RHCs. A Medicare- are enrolled in the Medicare program, (CCN), the provider agreement remains certified provider or supplier that does and those that enter into a participation intact, the new owner retains all the not substantially comply with the agreement with Medicare. We believe benefits and liabilities of that applicable health and safety that a change of ownership could occur agreement, and the provider’s Medicare requirements risks having its Medicare with an AO that accredits either participation continues without provider agreement terminated. category of providers or suppliers. interruption. If the purchaser (or lessee) Section 1865(a) of the Act allows most Any national AO seeking approval of elects not to accept automatic types of Medicare-certified providers an accreditation program in accordance assignment or transfer of the provider and suppliers to demonstrate with section 1865(a) of the Act must agreement, then that rejection is compliance with the applicable health apply for and be approved by CMS for considered to be a voluntary and safety requirements through a period not to exceed 6 years (See 42 termination of the existing provider accreditation by a Centers for Medicare CFR 488.5(e)(2)(i)). The AO must also agreement. Therefore, the purchaser or & Medicaid Services (CMS)-approved reapply for renewed CMS approval of an lessee is considered a new applicant accreditation program of a national accreditation program before the date its and must request initial certification as accreditation body, known as an existing approval period expires. This a new provider and obtain a new allows CMS to continue to ensure that Accrediting Organization (AO). This is provider agreement. It is important to accreditation provided by these AOs referred to as ‘‘deemed’’ accreditation, clarify that CMS does not approve the continue to indicate that the providers because, if an AO is recognized by the actual business transaction between or suppliers accredited are meeting or Secretary as having standards for entities that result in the change of the exceeding Medicare standards. accreditation that meet or exceed responsible legal entity. Instead, CMS’ Regulations implementing these Medicare requirements, any provider or role when provider ownership changes provisions are found at 42 CFR 488.1 supplier which is accredited by that is to ensure that a new owner who AO’s CMS-approved accreditation through 488.9. accepts the automatic assignment of the program is deemed by CMS as We have an established process for existing provider agreement (a change of complying with the applicable Medicare the change of ownership of Medicare- ownership) is eligible for Medicare conditions or requirements. certified providers and suppliers set The CMS is responsible for providing forth at § 489.18 and in Chapter 100–07 participation. If so, we continue to treat continued oversight of national AOs’ of the State Operations Manual (SOM). the provider as the same entity, with Medicare accreditation programs to Although the existing provider and only the owner having changed. Section ensure that providers or suppliers supplier change of ownership process 489.18(d) provides that where there is a accredited by the AO meet the required does not apply to the sale and transfer change of ownership (defined as quality and patient safety standards. We of AOs, we believe that it serves as an automatic assignment of the provider must ensure that the AOs have appropriate model for what we are agreement at § 489.18(c)), the provider formalized procedures to determine proposing to require for changes of agreement under the new owner is whether the healthcare facilities deemed ownership of AOs. subject to all applicable statutes and under their accreditation programs meet Section 489.18 defines what regulations, and to the terms and the AO’s accreditation standards (which constitutes a change of ownership, the conditions under which it was must meet or exceed the applicable required notice from the current originally issued. This includes Medicare program requirements). CMS provider, the disposition of the current successor liability for Medicare is also responsible for ensuring that the provider agreement and the conditions overpayments and penalties. AO’s accreditation standards and that apply to the provider agreement If the new owner rejects automatic practices for surveying providers and once it is assigned or transferred to the assignment of the provider agreement, suppliers meet or exceed CMS’s new owner. The Medicare regulations at then it must seek initial Medicare standards and practices for granting § 489.18, as well as the CMS State enrollment and certification for the approval. Operations Manual (CMS Pub. 100–07), facility, which may take several months. Additionally, while accreditation by outline processes concerning how a A new owner who rejects automatic an AO is generally voluntary on the part change of ownership of a provider or assignment cannot receive payment for of the Medicare-certified providers or supplier affects Medicare participation, any services it may provide for suppliers, accreditation is mandated by such as how a provider agreement is Medicare beneficiaries between the date statute for five supplier-types in order to automatically assigned to a new owner it acquires the facility and the date we receive payment from Medicare for the unless the new owner rejects determine that it meets all Medicare services furnished to Medicare assignment of the provider agreement. A requirements at § 489.13.

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Currently, the regulations governing II. Provisions of the Proposed any CMS-approved AOs negotiating or AOs do not include a process for Regulations engaging in a change of ownership notifying CMS of pending changes of Although the existing provider and transaction must provide notice of this ownership or other procedures, which supplier change of ownership process change of ownership transaction to would allow CMS to review information outlined above (§ 489.18) does not apply CMS. At proposed § 488.5(f)(1)(ii) and about the proposed transfer of to the sale and transfer of AOs, we have (iii), we would require that this notice ownership of accreditation program(s) used it as a model for this proposal be provided to CMS in writing no less and the authority for CMS to approve or because stakeholders are familiar with it than 90 days prior to the effective date deny the transfer of the existing CMS and we are hopeful to reduce their of the transfer of ownership. This notice approval for the accreditation burden. In addition to the current AO requirement would allow CMS to perform an evaluation of whether the program(s) to be transferred. Under our regulations for application and AO, under the new ownership, would current regulations, CMS does not reapplication procedures for national (1) be viable or equipped to accredit AOs (§ 488.5), we are proposing to add typically become aware of a sale or facilities under its existing CMS notification and approval requirements transfer until an AO applies for renewal approval; (2) be able to enforce the in the event there is an anticipated of CMS approval of its accreditation health and safety requirements of CMS change of ownership of an AO. The program(s) or if voluntarily notified by for that program; (3) operate effectively; proposed procedure would enable CMS the AO (although CMS always retains and (4) continue to meet or exceed the to determine whether the new AO the right to conduct comparability or Medicare standards. validation surveys in accordance with would be able to meet the appropriate We would further require the § 488.8). Thus, we do not believe that accreditation requirements to be prospective new owner or transferee to awarded deeming authority by CMS for we currently have the explicit submit certain information to CMS for the new or transferred CMS-approved regulatory authority to prospectively review in support of their request for accreditation programs. This means that review and approve or deny the transfer transfer of the existing CMS-approval of we would make a decision as to whether of the existing Medicare-approval of the CMS-approved accreditation to allow the existing Medicare-approval programs to be transferred. We propose accreditation programs being transferred for the accreditation programs involved in a change of ownership transaction to at § 488.5(f)(2)(iii), to require the in the change of ownership transaction prospective new owner or transferee to ensure that after such transfer, the AO to be transferred to the new owner/ could continue to ensure that the submit the following information: (1) transferee. The name and address of the legal entity entities it accredits meet or exceed CMS As noted above, we currently have no that would be the owner of the new AO requirements in order to be granted regulatory authority to review and after the transfer is completed; (2) the CMS approval of its program(s). approve the transfer of the existing three most recent audited financial We believe that the current situation, Medicare approval of the accreditation statements of the organization that whereby a change in ownership of CMS- programs undergoing a change of demonstrate that the organization’s approved accreditation programs may ownership to ensure that immediately staffing, funding, and other resources occur without notice to CMS, which after the transfer, the purchaser or are adequate to perform the required does not provide an opportunity for transferee ensures that the providers surveys and related activities; (3) a and suppliers it accredits continue to CMS to review and approve or deny the transition plan that summarizes the meet or exceed CMS accreditation and transfer of the existing CMS-approval of details of how the accreditation survey requirements. Additionally, we the accreditation programs to be functions will be transitioned to the consider AOs which have ceased doing transferred. We believe that this new owner. Section 488.5(f)(2)(iii)(C) business to have voluntarily terminated would require that the AO’s transition scenario must be addressed so that we their Medicare approval(s); therefore, if may assure Medicare beneficiaries that plan include the following information: another entity subsequently purchased (1) Changes to management and the standards and conditions for the property of the defunct AO with the governance structures including current surveying facilities will continue to be intent of operating as an AO, we would and proposed organizational charts; (2) met by the accreditation programs that require that entity to begin the AO a list of the CMS-approved accreditation are transferred under new ownership. approval process from the beginning. In programs that will be transferred to the We also believe it is possible that the most cases, CMS would be able to purchaser/buyer/transferee; (3) AO, after a change of ownership determine an AO’s cessation of business Employee changes, if applicable; (4) transaction, may not be viable or either through—(1) a change in their anticipated timelines for action; (5) equipped to accredit facilities under the accreditation name on the required plans for notification to employees; and transferred CMS approved CMS reapplication documents for approval of (6) any other relevant information that accreditation programs, due to the new their accrediting programs; (2) CMS finds necessary. owner’s inability to enforce the health notification of cessation of business, or It is important in the process of a and safety requirements of CMS. notification that the entity approved for change of ownership that the purchaser Without the authority to require AOs to deeming authority (published in the or transferee and seller develop a provide CMS with notice when they are Federal Register) is no longer in control transition plan that allows for details to contemplating or negotiating a change of or operation of the AO; or (3) a be considered and addressed, which ownership, and the authority to review validation survey process. may be relevant to the transfer of the the ability of the prospective new We propose at § 488.5 to add a new CMS approved accreditation program owner’s capability to perform the paragraph (f) that would set out the that could impact the health and safety requirements and processes for CMS’ of patients. Transition plans may required accreditation tasks, after a review and approval of the transfer of include but are not limited to change of ownership, CMS is unable to the existing CMS-approval for the management structures, organizational confirm the ongoing effectiveness of the accreditation program(s) to be charts which reflect existing and new transferred CMS-approved accreditation transferred in the change of ownership positions or departments, governance, program(s). event. We propose at § 488.5(f)(1)(i), that employee changes, and any substantive

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changes to the AOs operations or accreditation program(s) until they change of ownership event, the subject accreditation programs associated with received from CMS a notice of approval AO would be able to continue operating the sale or transfer. In the event the of the transfer of the CMS approved under the existing CMS approval for its transition plans provided to CMS by the accreditation programs. accreditation programs if the change of purchaser or transferee were determined We propose at § 488.5(f)(4)(i), that the ownership transaction was not by CMS to be inadequate, we could parties to the change of ownership completed. The exception to this request revisions to the plans or deny would be required to notify the proposal would be in the event that our the transfer of the existing CMS- providers and suppliers affected by the review of the un-finalized change of approval for the accreditation change of ownership within 15 calendar ownership transaction revealed program(s), which are part of the change days after being notified of CMS’s performance and/or compliance issues of ownership transaction, as we believe approval of the transfer to the existing that were previously unknown to CMS these plans directly impact patient CMS-approval for the accreditation with the AO that was the subject of the safety within facilities. In addition, we program(s) being transferred. un-finalized transfer. believe that the review of this Additionally, we propose at We also propose at § 488.5(f)(7)(ii), information would allow CMS to ensure § 488.5(f)(4)(ii), that if the AO or that CMS would be able to withdraw the an AO is capable of continuing to accreditation program(s) being acquired CMS approval of an AO’s accreditation provide safe and effective accreditation were under a performance review or programs in accordance with services to those healthcare settings they under probationary status at the time § 488.8(c)(3)(ii) and (iii), if a change of serve. the change of ownership notice was ownership transaction was completed We propose at § 488.5(f)(3)(i), to submitted, the purchaser or transferee without notice to CMS or without the require the purchaser or transferee to would have to acknowledge such status approval of CMS to transfer the existing provide a written acknowledgement, in writing. We believe that the CMS approval for the accreditation which states that if CMS approve the purchaser or transferee must understand program(s) to the new owner. transfer of the existing CMS-approval of that when the CMS-approved We propose at § 488.5(f)(8), that in the the accreditation programs that are part accreditation program(s) are transferred event parties completed the change of of the change of ownership transaction, under the change of ownership, all ownership transaction, notwithstanding the new owner will become current terms and conditions, and CMS disapproval of the request to managerially, legally, and financially responsibilities are included in the transfer the existing CMS approval for responsible for the operations of all transfer. the accreditation programs to the new CMS-approved accreditation programs We propose at § 488.5(f)(5), that we ownership, and the purchaser or being transferred. This means that upon would publish a notice in the Federal transferee attempted to operate the our approval of the transfer of the Register, which would acknowledge the transferred accreditation programs existing CMS-approval for the transfer of the CMS-approved under the CMS-approval granted to the accreditation programs being accreditation program(s) due to the previous owner of the accreditation transferred, and upon the finalization of change of ownership event and state program(s), for which the transfer was the change of ownership transaction, the that the accreditation program(s) to be disapproved, CMS would withdraw the purchaser or transferee would be transferred, which were previously approval of the accreditation programs completely responsible for the approved by CMS will retain this CMS- in accordance with the procedures set management of the business operations approval under the new ownership. out at § 488.8(c)(3)(ii) and (iii). of the AO, including, but not limited to This notice is only intended to inform We propose at § 488.5(f)(9), that, in the day to day business operations, the the public of the ownership change; accordance with § 488.8(g), if CMS survey and accreditation processes, the therefore, the notice would not solicit withdrew the existing approval of oversight of accredited providers and public comments. This section further transferred accreditation program(s) suppliers, the handling of complaints provides that we would not publish this because a change of ownership regarding accredited suppliers, and the notice after CMS has issued approval for transaction was completed without compliance with all CMS requirements. the transfer, without first receiving notice to or the approval of CMS, an This acknowledgement would ensure written confirmation that the change of affected Medicare-certified provider’s or that the purchaser or transferee knows ownership has taken place. We believe supplier’s deemed status would that they will be accountable for any this would avoid potential issues in continue in effect for 180 calendar days oversight concerns from the date CMS which CMS may publish a notice in the after the removal of the existing CMS grants approval of the transfer of the Federal Register based solely on its accreditation approval if the provider or program and deeming authority and approval, without having confirmation supplier took the steps stated in after the change of ownership has taken of the completed transaction. § 488.8(g). First, the Medicare-certified affect, in accordance with CMS’ policy We propose at § 488.5(f)(6), that in the provider or supplier would be required of successor liability. event CMS did not approve the transfer to submit an application to another Furthermore, we propose at of the existing CMS approval for the CMS-approved accreditation program § 488.5(f)(3)(ii), to require the purchaser accreditation programs subject to the within 60 calendar days from the date or transferee to provide CMS with a change of ownership event, CMS would of publication of the removal notice in written acknowledgment stating that notify all parties to the change of the Federal Register. Second, the they agree to operate the transferred ownership transaction in writing. This Medicare-certified provider or supplier CMS-approved accreditation program(s) notice would be sent to the relevant would be required to provide written under all the terms and conditions parties at the existing AO and the notice to the SA stating that it has found at §§ 488.5 through 488.9. prospective transferee. submitted an application for We propose at § 488.5(f)(3)(iii), that We propose at § 488.5(f)(7)(i), in the accreditation under another CMS- the purchaser or transferee would be event CMS was not made aware of a approved accreditation program within required to provide a written change of ownership transaction, or did the 60-calendar day timeframe specified acknowledgement that they would not not approve the transfer of the existing in § 488.8(g). Failure to comply with the operate the accreditation program(s) it CMS approval for the accreditation timeframe requirements specified in acquired as a CMS-approved program(s) subject to transfer through a § 488.8(g) would place the affected

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Medicare-certified provider or supplier process, they would not be able to • Documentation Requirements: under the SA’s authority for continued receive reimbursement from Medicare Financial statements, a transition plan participation in Medicare and on-going for any services furnished to Medicare and other relevant information as monitoring. The intent of proposed beneficiaries. For many of these deemed necessary. § 488.5(f)(9) is to protect Medicare- suppliers, Medicare beneficiaries make • Written Acknowledgements: certified providers and suppliers that up a large portion of their client Requirement for AOs to provide written have been accredited by an AO that population and provides a large source acknowledgement that it understands received the accreditation program(s) in of revenue for them. Therefore, these the financial and legal responsibilities a change of ownership transaction that suppliers are likely to suffer significant involved with the change of ownership was completed without notice to CMS hardship if left without CMS-approved process. or without receiving the approval of accreditation for a 6 to 9 month period. CMS for the transfer of the existing CMS Also, if these suppliers were not able to We are also requesting that approval for the accreditation provide services to Medicare stakeholders provide us with comments program(s) transferred. It is necessary to beneficiaries for an extended period of on additional information they may provide this protection because, if CMS time, it may create access to care issue believe to be critical to submit to CMS were to withdraw approval for the for Medicare beneficiaries for the for a change of ownership of AOs. We improperly transferred accreditation services provided by these suppliers. welcome any feedback received that is program(s) the providers and suppliers For this reason, CMS will recognize an related to the text of this proposed rule accredited by the affected AO would be accreditation for a 1 year period after and will take the comments under left with non-CMS approved Federal Register notification that CMS’s consideration for final rulemaking. accreditation. approval of the non-certified provider or However, the provisions of § 488.8(g) supplier’s accreditation organization is IV. Collection of Information would not apply to non-certified being withdrawn. Requirements providers and suppliers, because the Because we propose to add the same Under the Paperwork Reduction Act statute does not authorize SAs to engage requirements for ADI, HIT, DSMT, and of 1995, we are required to publish a 60- in oversight of these types of providers DMEPOS suppliers, and clinical day notice in the Federal Register and and suppliers. Therefore, we propose at laboratories, we would add cross solicit public comment before a § 488.5(f)(10) that if CMS withdrew the references to the provisions in § 488.5(f) collection of information requirement is existing approval of transferred non- for these suppliers so that they would be submitted to the Office of Management certified accreditation program(s) subject to the same proposed and Budget (OMB) for review and because a change of ownership requirements for a change of ownership. approval. In order to fairly evaluate transaction was completed without Specifically, for DSMT suppliers at whether an information collection notice to or the approval of CMS, an § 410.142, we propose to add a new should be approved by OMB, section affected non-certified provider’s or paragraph (k); for ADI suppliers at 3506(c)(2)(A) of the Paperwork supplier’s deemed status would § 414.68, we propose to add a new Reduction Act of 1995 requires that we continue in effect for 1 year after the paragraph (j); for DMEPOS at § 424.58, solicit comment on the following issues: removal of the existing CMS we propose to add a new paragraph (f); • The need for the information accreditation approval if the non- for HIT suppliers at § 488.1030, we collection and its usefulness in carrying certified provider or supplier submitted propose to add new paragraph (g); and out the proper functions of our agency. an application to another CMS- for laboratories at § 493.553, we propose approved accreditation program within to add a new paragraph (e). • The accuracy of our estimate of the 60 calendar days from the date of information collection burden. publication of the removal notice in the III. Solicitation of Comments • Federal Register and provided written The quality, utility, and clarity of notice of such application to the CMS We are soliciting public comments the information to be collected. within such timeframe. Failure to related to our proposed regulatory • Recommendations to minimize the requirements, which would govern of comply with the timeframe information collection burden on the the transfer of the existing CMS requirements would result in a CMS affected public, including the use of approval for accreditation programs determination that the provider or automated collection techniques. supplier was no longer accredited. when there is a change of ownership We are soliciting public comment on For non-certified suppliers such as event of an AO, and more specifically, each of the section 3506(c)(2)(A)- ADI and DSMT suppliers, CMS- the requirement for the proposed new required issues for the following approved accreditation is required as a owner or transferee to submit an information collection requirements condition for receipt of CMS applications to CMS with (ICRs). reimbursement for the services documentation, which shows that the CMS-approved transferred accreditation furnished to Medicare beneficiaries. If Wage Data these suppliers were suddenly left programs will continue to perform its without CMS-approved accreditation tasks safely and effectively after a To derive average costs, we used data they would have to seek new change in ownership has occurred to from the U.S. Bureau of Labor Statistics’ accreditation from a CMS-approved AO. insure the ongoing effectiveness of the (BLS’) May 2016 National Occupational We estimate that it would take no less approved accreditation program(s) and Employment and Wage Estimates for all than 6 to 9 months for these suppliers to minimize risk to patient safety. salary estimates (http://www.bls.gov/ to complete the reaccreditation process While we are soliciting comments on oes/current/oes_nat.htm). In this regard, and obtain new CMS-approved the general provision of requiring an the following table presents the mean accreditation. We are concerned that application to be filed with CMS, we are hourly wage, the cost of fringe benefits during the time that these suppliers specifically seeking comments on the and overhead (calculated at 100 percent were undergoing the reaccreditation following areas: of salary), and the adjusted hourly wage.

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TABLE 1—NATIONAL OCCUPATIONAL EMPLOYMENT AND WAGE ESTIMATES

Adjusted Occupation Mean hourly hourly BLS occupation title code wage wage ($/hr) ($/hr)

Registered Nurse ...... 29–1141 $35.36 $70.72 Medical or Health Services Manager ...... 11–9111 53.69 107.38

As indicated, we are adjusting our amount of $70.72 for the preparation of wage for a and the mean hourly wage for employee hourly wage estimates by a the response to CMS (1 hour × $70.72) a medical or health services manager is factor of 100 percent. This is necessarily At § 488.5(f)(2)(iii), we also propose to $53.69 (https://www.bls.gov/oes/ a rough adjustment, both because fringe require the prospective purchaser or current/oes119111.htm) and we believe benefits and overhead costs vary transferee to submit a transition plan this proposed written notice would not significantly from employer to that summarizes the details of how the exceed 1 hour to develop; therefore, the employer, and because methods of accreditation functions will be burden associated would be $70.72 estimating these costs vary widely from transitioned to the new owner. While ($53.69 × 1 hour × 2 to include overhead study to study. Nonetheless, there is no most existing AOs engaged in business and fringe benefits). practical alternative and we believe that transactions such as a change of At § 488.5(f)(3)(ii), we propose to doubling the hourly wage to estimate ownership would have already require the purchasing AO to provide total cost is a reasonably accurate developed a transition plan as proposed written acknowledgement that it agrees estimation method. under Section II of this proposed rule, to operate the new AO as defined by this process will be more time CMS’ standards under §§ 488.5 and 1. Documentation Requirements consuming. The development of a 488.9, as well as include acknowledgements on any program At § 488.5(f)(1), we propose that the transition plan would take reviews or probationary terms. This AO that is the subject of the transaction approximately 45 hours of time to gather, obtain, or prepare all would be a minimal cost burden as we provide notice to CMS that it intends to documentation for submission. We are not defining a specific format for the request approval for a change of estimate that the AO would have a total written acknowledgement. Therefore, ownership. This initial notice would be of two staff work on transition plan and according to the U.S. Bureau of Labor minimal such as a coversheet, email, or that the staff would likely be clinicians Statistics, the mean hourly wage for a any type of formal notice and would be such as registered nurse or medical or and the mean hourly wage for a medical included in the additional health services manager, as they or health services manager is $53.69 documentation requirements of currently serve in roles for submission (https://www.bls.gov/oes/current/ § 488.5(f)(2). of general accrediting approvals. oes119111.htm) and we believe this At § 488.5(f)(2)(i) and (ii), we propose According to the U.S. Bureau of Labor proposed written notice would not that the prospective purchaser or Statistics, the mean hourly wage for a exceed 1 hour to develop, therefore the transferee provide three most recent registered nurse is $35.36 (https:// burden associated would be $70.72 audited financial statements of the www.bls.gov/oes/current/ ($53.69 × 1 hour × 2 to include overhead organization that demonstrate that the oes291141.htm) and the mean hourly and fringe benefits). organization’s staffing, funding, and wage for a medical or health services At § 488.5(f)(3)(iii), we are proposing other resources are adequate to perform manager is $53.69 (https://www.bls.gov/ to require the purchasing AO to provide the required surveys and related oes/current/oes119111.htm). Therefore, written acknowledgement that would activities. Additionally, we would we estimate that the AOs would incur not operate the accreditation program require the name and address of the wages for 45 hours of time by a until it received a notice of approval of legal entity that would be the owner of registered nurse and wages for 45 hours the transfer of the CMS approved the new AO. We believe that this of time by a medical or health services accreditation program from CMS. Given information is documentation that manager in the amount of $8,014 (45 this requirement is minimal and the would be easily accessible and require hours x $70.72 per hour = $3,182) + (45 purchasing AO is already required to minimal time to gather and submit. hours × $107.38 = $4,832 per hour) +. include a written acknowledgment as Therefore, we have considered that the outlined at proposed § 488.5(f)(3)(ii), it cost burden for the AO to submit the 2. Written Acknowledgements is likely that this written notice would financial statements and other At § 488.5(f)(3), we propose the include both acknowledgements; information deemed necessary by CMS purchasing AO to provide several therefore, we would include this in the would be approximately $70.72. We written acknowledgements. At hour of burden and cost described believe it is likely that the AOs use a § 488.5(f)(3)(i), we are proposing to under § 488.5(f)(3)(ii) above. registered nurse to gather information; require the purchaser or transferee to At § 488.5(f)(5), we propose to require therefore, according to the U.S. Bureau provide written acknowledgement that the purchasing AO to provide of Labor Statistics, the mean hourly it understands the financial and legal documentation within 15 days after the wage for a registered nurse is $35.36 responsibilities involved with the sale confirming the change of (https://www.bls.gov/oes/current/ change of ownership process. We ownership. Given that this would be a oes291141.htm) and we estimate the believe this written acknowledgement standard business practice or time to gather the financial statements would be developed by a health services documentation that would generally be would not exceed one hour. The wage manager, as they currently serve in roles required to confirm the sale outside of rate would be doubled to include for submission of general accrediting these proposed requirements, this overhead and fringe benefits. The AO approvals. According to the U.S. Bureau burden to provide proof of sale would would incur a cost burden in the of Labor Statistics, the mean hourly be minimal. This would solely require

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the purchasing AO to provide a copy; Regulatory Review (January 18, 2011), While we recognize that most existing therefore, we estimate the cost to be the Regulatory Flexibility Act (RFA) AOs would likely be familiar and have $53.39. According to the U.S. Bureau of (September 19, 1980, Pub. L. 96 354), majority of the documentation CMS is Labor Statistics, the mean hourly wage section 1102(b) of the Social Security requesting at proposed § 488.5(f), we for a and the mean hourly wage for a Act, section 202 of the Unfunded believe that due to the need for the medical or health services manager is Mandates Reform Act of 1995 (March selling or transferring and purchasing $53.69 (https://www.bls.gov/oes/ 22, 1995; Pub. L. 104–4), Executive AOs to submit documentation for both current/oes119111.htm) and this Order 13132 on Federalism (August 4, entities, that this would take proposed written notice would only 1999), the Congressional Review Act (5 approximately 2 hours of time to gather, require 30 minutes to provide a copy to U.S.C. 804(2)), and Executive Order obtain or prepare all documentation CMS via electronic methods (email); 13771 on Reducing Regulation and required by proposed § 488.5(f). It therefore, the burden associated would Controlling Regulatory Costs (January would take approximately 2 hours as be $53.69 ($26.84 × 0.5 hours × 2 to 30, 2017). the AOs have previously submitted an include overhead and fringe benefits). Executive Orders 12866 and 13563 application to CMS requesting approval Finally, there is potential for AOs to direct agencies to assess all costs and of their accreditation program; therefore, incur a cost burden for the wages of the benefits of available regulatory would already be familiar with the AO staff that are involved with alternatives and, if regulation is application process and requirements reviewing CMS’ additional requests for necessary, to select regulatory and have the majority of the documents information and the preparation of the approaches that maximize net benefits requested under the change of written acknowledgements. The AO (including potential economic, ownership, readily available. staff that would review information environmental, public health and safety The AOs (selling or transferring and requested by CMS regarding the change effects, distributive impacts, and purchasing) would incur costs of ownership would be a clinician such equity). Section 3(f) of Executive Order associated with the preparation and submission of the requested documents, as registered nurse, as is generally the 12866 defines a ‘‘significant regulatory development of the written case in AO applications seeking action’’ as an action that is likely to acknowledgement letters, and deeming authority. According to the result in a rule: (1) Having an annual submission of the documents. The AO U.S. Bureau of Labor Statistics, the effect on the economy of $100 million would incur costs for the wages of all mean hourly wage for a registered nurse or more in any 1 year, or adversely and AO staff that work on the preparation of is $35.36 (https://www.bls.gov/oes/ materially affecting a sector of the the change of ownership application. current/oes291141.htm). In order to economy, productivity, competition, We estimate that the AO would have a include overhead and fringe benefits the jobs, the environment, public health or total of two staff work on the wage is doubled. Therefore, the AO safety, or state, local or tribal preparation of the application. We would incur a cost burden in the governments or communities (also amount of $70.72 for the preparation of believe that the AO staff that prepare the × referred to as ‘‘economically application would likely be clinicians the response to CMS (1 hour $70.72). significant’’); (2) creating a serious We want to emphasize that these such as registered nurse or medical or inconsistency or otherwise interfering anticipated costs and burdens are only health services manager, as they with an action taken or planned by subject to those AOs seeking a change currently serve in roles for submission another agency; (3) materially altering of ownership. To date, there has only of general accrediting approvals. the budgetary impacts of entitlement been one change of ownership request According to the U.S. Bureau of Labor grants, user fees, or loan programs or the of an AO in over 20 years or more, Statistics, the mean hourly wage for a rights and obligations of recipients therefore this occurrence is rare. registered nurse is $35.36 (https:// thereof; or (4) raising novel legal or The requirements and burden will be www.bls.gov/oes/current/ policy issues arising out of legal submitted to OMB under (OMB control oes291141.htm) and the mean hourly mandates, the President’s priorities, or number 0938-New). wage for a medical or health services the principles set forth in the Executive manager is $53.69 (https://www.bls.gov/ V. Response to Comments Order. A regulatory impact analysis oes/current/oes119111.htm). Therefore, Because of the large number of public (RIA) must be prepared for major rules we estimate that the AOs would incur comments we normally receive on with economically significant effects wages for 2 hours of time by a registered Federal Register documents, we are not ($100 million or more in any 1 year). We nurse and wages for 2 hours of time by able to acknowledge or respond to them do not expect this rule to reach that a medical or health services manager in individually. We will consider all threshold, and thus it is neither the amount of $356.20 (2 hours × $35.36 comments we receive by the date and economically significant under E.O. per hour = $70.72) + (2 hours × $53.69 time specified in the DATES section of 12866, nor a major rule under the = $107.38) + ($178.10 for fringe benefits this preamble, and, when we proceed Congressional Review Act. and overhead, estimated at 100% of the with a subsequent document, we will Burden for Change of Ownership hourly wage). respond to the comments in the Among Accrediting Organizations Furthermore, under proposed preamble to that document. § 488.5(e)(8), we would require the AOs The AOs which seek to sell or transfer to provide additional information as VI. Regulatory Impact Statement or purchase another AO and undergo a requested by CMS to ensure the In accordance with the provisions of change of ownership would incur time continuity of oversight for facilities Executive Order 12866, this regulation and cost burdens associated with the currently accredited. Therefore, there is was reviewed by the Office of preparation of the information they potential for AOs to incur a cost burden Management and Budget. We have submit to CMS to request approval of for the wages of the AO staff that are examined the impacts of this rule as their new accreditation program under involved with reviewing CMS’s required by Executive Order 12866 on the change of ownership. This would additional requests for information and Regulatory Planning and Review include the preparation, gathering or the preparation of the documents and (September 30, 1993), Executive Order obtaining of all the documentation program standards. The AO staff that 13563 on Improving Regulation and required in proposed § 488.5(f). would review information requested by

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CMS regarding the change of ownership operations of a substantial number of 42 CFR Part 424 would be a clinician such as registered small rural hospitals. Conditions for Medicare payment, nurse, as is generally the case in AO Section 202 of the Unfunded Emergency medical services, Health applications seeking deeming authority. Mandates Reform Act of 1995 also facilities, Health professions, Medicare, According to the U.S. Bureau of Labor requires that agencies assess anticipated Reporting and recordkeeping Statistics, the mean hourly wage for a costs and benefits before issuing any requirements. registered nurse is $35.36 (https:// rule whose mandates require spending www.bls.gov/oes/current/ in any 1 year of $100 million in 1995 42 CFR Part 488 oes291141.htm). Therefore, the AO dollars, updated annually for inflation. Administrative practice and would incur a cost burden in the In 2019, that threshold is approximately procedure, Health facilities, Medicare, amount of $70.72 for the preparation of $154 million. This rule will have no Reporting and recordkeeping × the response to CMS (1 hour $35.36 consequential effect on state, local, or requirements, Survey, certification, and per hour = $35.36) + ($35.36 for fringe tribal governments or on the private enforcement procedures benefits and overhead). sector. 42 CFR Part 493 We want to emphasize that these Executive Order 13132 establishes anticipated costs and burdens are only certain requirements that an agency Administrative practice and subject to those AOs seeking a change must meet when it promulgates a procedure, Grant programs—health, of ownership. To date, there has only proposed rule (and subsequent final Health facilities, Laboratories, Medicaid, been one change of ownership request rule) that imposes substantial direct Medicare, Penalties, Reporting and of an AO in over 20 years or more, requirement costs on state and local recordkeeping requirements. therefore this occurrence is rare in its governments, preempts state law, or For the reasons set forth in the entirety. otherwise has Federalism implications. preamble, the Centers for Medicare & As these change of ownerships are Since this regulation does not impose Medicaid Services propose to amend 42 rare among AOs, we do not believe that any costs on state or local governments, CFR chapter IV as follows: the burden would be substantial. We are the requirements of Executive Order soliciting comments, specifically from 13132 are not applicable. PART 410—SUPPLEMENTARY stakeholders and AOs and request AOs Executive Order 13771, titled MEDICAL INSURANCE (SMI) to submit their comments to include a Reducing Regulation and Controlling BENEFITS breakdown of potential costs they Regulatory Costs, was issued on January ■ would estimate for this to be completed. 30, 2017, and requires that the costs 1. The authority citation for part 410 The RFA requires agencies to analyze associated with significant new continues to read as follows: options for regulatory relief of small regulations ‘‘shall, to the extent Authority: 42 U.S.C. 1302, 1395m, entities, if a rule has a significant impact permitted by law, be offset by the 1395hh, 1395rr, and 1395ddd. on a substantial number of small elimination of existing costs associated ■ 2. Section 410.142 is amended by entities. For purposes of the RFA, small with at least two prior regulations.’’ adding paragraph (k) to read as follows: entities include small businesses, OMB’s interim guidance, issued on nonprofit organizations, and small April 5, 2017, https://www.whitehouse § 410.142 CMS process for approving governmental jurisdictions. Most .gov/sites/whitehouse.gov/files/omb/ national accreditation organizations. hospitals and most other providers and memoranda/2017/M-17-21-OMB.pdf, * * * * * suppliers are small entities, either by explains that for Fiscal Year 2017 the (k) Change of ownership. An nonprofit status or by having revenues above requirements only apply to each accreditation organization whose of less than $7.5 million to $38.5 new ‘‘significant regulatory action that accreditation program(s) is (are) million in any 1 year. Individuals and imposes costs.’’ It has been determined approved and recognized by CMS that states are not included in the definition that this proposed rule is not a wishes to undergo a change of of a small entity. We are not preparing ‘‘significant regulatory action’’ and thus ownership is subject to the requirements an initial regulatory flexibility analysis does not trigger the above requirements set out at § 488.5(f) of this chapter. because we have determined, and the of Executive Order 13771. PART 414—PAYMENT FOR PART B Secretary certifies, that this proposed In accordance with the provisions of MEDICAL AND OTHER HEALTH rule would not have a significant Executive Order 12866, this proposed SERVICES economic impact on a substantial rule was reviewed by the Office of number of small entities. Management and Budget. ■ In addition, section 1102(b) of the Act 3. The authority citation for part 414 requires us to prepare an RIA if a rule List of Subjects continues to read as follows: Authority: 42 U.S.C. 1302, 1395hh, and may have a significant impact on the 42 CFR Part 410 operations of a substantial number of 1395rr(b)(l). small rural hospitals. This analysis must Health facilities, Health professions, ■ 4. Section 414.68 is amended by conform to the provisions of section 603 Diseases, Laboratories, Medicare, adding paragraph (j) to read as follows: of the RFA. For purposes of section Reporting and recordkeeping 1102(b) of the Act, we define a small requirements, Rural areas, § 414.68 Imaging accreditation. rural hospital as a hospital that is Supplementary Medical Insurance (SMI) * * * * * located outside of a Metropolitan benefits, X-rays. (j) Change of ownership. An Statistical Area for Medicare payment 42 CFR Part 414 accreditation organization whose regulations and has fewer than 100 accreditation program(s) is (are) beds. We are not preparing an analysis Administrative practice and approved and recognized by CMS that for section 1102(b) of the Act because procedure, Health facilities, Health wishes to undergo a change of we have determined, and the Secretary professions, Kidney diseases, Medicare, ownership are subject to the certifies, that this proposed rule would Reporting and recordkeeping requirements set out at § 488.5(f) of this not have a significant impact on the requirements chapter.

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PART 424—CONDITIONS FOR CMS-approved accrediting organization approved accreditation program(s) MEDICARE PAYMENT or accreditation programs (that is, under all of the CMS imposed terms and purchaser, buyer or transferee) through conditions, to include program reviews ■ 5. The authority citation for part 424 a change of ownership transaction must and probationary status terms, currently continues to read as follows: do the following: approved by CMS; and Authority: 42 U.S.C. 1302 and 1395hh. (i) Seek approval from CMS for the (iii) The purchaser/buyer/transferee ■ 6. Section 424.58 is amended by purchase or transfer of the existing CMS must not operate the accreditation adding paragraph (f) to read as follows: approval for the accreditation program(s) it acquired in the change in program(s) to be transferred in the ownership transaction as CMS approved § 424.58 Accreditation. change of ownership event; and accreditation programs, until the * * * * * (ii) Meet the requirements of effective date set forth within the notice (f) Change of ownership. An paragraphs (f)(2)(iii) through (f)(4) of of approval from CMS. accreditation organization whose this section to demonstrate that the (iv) The purchaser/buyer/transferee accreditation program(s) is (are) entities that will be accredited with the agrees to operate the transferred CMS- approved and recognized by CMS that transferred accrediting program(s) approved accreditation program(s) wishes to undergo a change of continue to meet or exceed the under all of the terms and conditions ownership are subject to the applicable Medicare conditions or found at §§ 488.5 through 488.9. requirements outlined under § 488.5(f) requirements. (4) Notification. The following written of this chapter. (iii) The following information must notifications are required after the be submitted to CMS in the purchaser’s/ change of ownership transaction has PART 488—SURVEY, CERTIFICATION, buyer’s/transferee’s request for approval been approved by CMS: AND ENFORCEMENT PROCEDURES of a transfer of the existing CMS (i) All parties to the change of approval for the accreditation ■ 7. The authority citation for part 488 ownership transaction must notify the program(s) to be transferred in the continues to read as follows: providers and suppliers affected by such change or ownership transaction: change within 15 calendar days after Authority: 42 U.S.C. 1302; and 1395hh. (A) The legal name and address of the being notified of CMS’s approval of the ■ 8. Section 488.5 is amended by adding new owner; transfer of the existing CMS-approval paragraph (f) to read as follows: (B) The three most recent audited for the accreditation programs to be financial statements of the organization transferred in the change of ownership § 488.5 Application and re-application that demonstrate the organization’s procedures for national accrediting transaction. staffing, funding and other resources are (ii) If applicable, the purchaser/buyer/ organizations. adequate to perform the required * * * * * transferee must acknowledge in writing surveys and related activities; to CMS that the accrediting organization (f) Change of ownership. What (C) A transition plan that summarizes or accreditation program(s) being Constitutes Change of Ownership. A the details of how the accreditation acquired through a purchase or transfer description of what could constitute a functions will be transitioned to the of ownership was under a performance change of ownership with respect to a new owner, including: review or under probationary status at national accrediting organization are (1) Changes to management and the time the change of ownership notice those activities described in governance structures including current was submitted. § 489.18(a)(1) through (3) of this and proposed organizational charts; chapter. (2) A list of the CMS-approved (5) Federal Register notice. CMS (1) Notice to CMS. Any CMS- accreditation programs that will be will publish a notice of approval in the approved accrediting organization that transferred to the purchaser/buyer/ Federal Register of the transfer of the is contemplating or negotiating a change transferee, existing CMS approval for the of ownership for must notify CMS of the (3) Employee changes, if applicable, accreditation program(s) to be change of ownership. (4) Anticipated timelines for action; transferred to the new owner, only after (i) This notice requirement applies to (5) Plans for notification to CMS receives written confirmation from any national accrediting organization employees; and the new owner that the change of with CMS-approved accreditation (6) Any other relevant information ownership has taken place. program(s) that is the subject of a that CMS finds necessary. (6) Notification to parties in the event potential or actual change of ownership (3) Written acknowledgements. The that CMS does not approve the transfer transaction, including accrediting purchaser/buyer/transferee must of the existing CMS approval. In the organizations for Advanced Diagnostic provide a written acknowledgement to event that CMS does not approve the Imaging (ADI) suppliers; Home Infusion CMS, which states the following: transfer of the existing CMS approval for Therapy (HIT) suppliers; Diabetic Self- (i) If the application for the transfer of the accreditation program(s) to be Management Training (DSMT) entities, the existing CMS-approval for the transferred in the change of ownership Durable Medical Equipment Prosthetics, accreditation program(s) to be transaction, CMS will notify all parties Orthotics and Supplies (DMEPOS) transferred in the change of ownership to the change of ownership transaction suppliers, and clinical laboratories. transaction is approved by CMS, said of such in writing. (ii) This notice must be provided to purchaser/buyer/transferee must assume (7) Withdrawal of CMS approval for CMS in writing. complete responsibility for the transferred accreditation programs due (iii) This notice must be provided to operations (that is, managerial, to failure to notify CMS of intent to CMS no less than 90 days prior to the financial, and legal) of the CMS- transfer accreditation programs. In the anticipated effective date of the change approved accreditation programs event that CMS was not made aware of of ownership transaction. transferred, immediately upon the or did not approve the transfer of the (2) Information submitted with the finalization of the change of ownership existing CMS-approval for the request for approval for change of transaction. accreditation program(s) to be ownership transaction. The person(s) or (ii) The purchaser/buyer/transferee transferred under a change of organization(s) acquiring an existing agrees to operate the transferred CMS- ownership:

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(i) The existing AO would be continued participation in Medicare and § 493.553 Approval process (application permitted to continue operating their on-going monitoring. and reapplication) for accreditation existing CMS-approved accreditation organizations and State licensure (10) Requirements for continuation of programs. programs, if the change of ownership accreditation for non-certified suppliers transaction was not completed, unless * * * * * when CMS withdraws the existing (e) Change of ownership. An our review of the transaction revealed approval of the transferred accreditation issues with the AO that were the subject accrediting organization that wishes to program(s). If CMS withdraws its undergo a change of ownership is of the un-finalized change of ownership existing approval from a transferred transaction that was previously subject to the requirements set out at non-certified accreditation program for § 488.5(f) of this chapter. unknown to CMS. Advanced Diagnostic Imaging (ADI) (ii) If a change of ownership suppliers; Home Infusion Therapy (HIT) Dated: November 7, 2018. transaction was completed without suppliers; Diabetic Self-Management Seema Verma, notice to CMS or the approval of CMS, Training (DSMT) entities; Durable Administrator, Centers for Medicare & CMS would be able to withdraw the Medical Equipment Prosthetics, Medicaid Services. existing approval of the AO’s Orthotics and Supplies (DMEPOS) Dated: April 2, 2019. accreditation programs in accordance suppliers; or clinical laboratories, Alex M. Azar II, with § 488.8(c)(3)(ii) and (iii) of this because a change of ownership section. Secretary, Department of Health and Human transaction was completed without Services. (8) Withdrawal of CMS approval for notice to or the approval of CMS, such [FR Doc. 2019–08939 Filed 4–30–19; 11:15 am] accreditation programs which are affected non-certified supplier’s deemed BILLING CODE 4120–01–P transferred notwithstanding CMS’ status would continue in effect for 1 disapproval of the transfer. In the event year after the removal of the existing that the parties complete the change of CMS accreditation approval, if such FEDERAL COMMUNICATIONS ownership transaction, notwithstanding non-certified supplier take the steps COMMISSION CMS disapproval and the purchaser/ specified paragraphs (f)(10)(i) and (ii) of buyer/transferee attempts to operate the this section— 47 CFR Part 1 transferred accreditation program(s) (i) The non-certified supplier must under the CMS-approval granted to the [WT Docket No. 19–71; FCC 19–36] previous owner, CMS will withdraw the submit an application to another CMS- existing approval of the transferred approved accreditation program within Updating the Commission’s Rule for accreditation program(s) in accordance 60 calendar days from the date of Over-the-Air Reception Devices with the procedures set out at publication of the removal notice in the Federal Register; and AGENCY: Federal Communications § 488.8(c)(3)(ii) and (iii). Commission. (ii) The non-certified supplier must (9) Requirements for continuation of a ACTION: Proposed rule. deemed status accreditation of provide written notice to CMS stating Medicare-certified providers and that it has submitted an application for SUMMARY: In this document, the Federal suppliers after CMS withdraws the accreditation under another CMS- Communications Commission existing approval of the transferred approved accreditation program within (Commission) seeks comment on accreditation program(s). If CMS the 60-calendar days from the date of updating the Over-the-Air Reception withdraws the existing approval of the publication of the removal notice in the Devices (OTARD) rule by eliminating transferred accreditation program(s) Federal Register. the restriction that currently excludes because the change of ownership (iii) Failure to comply with the above- hub and relay antennas from the scope transaction was completed without stated timeframe requirements will of the rule. notice to CMS or the approval of CMS, result in de-recognition of such provider DATES: Interested parties may file an affected Medicare-Certified provider or supplier’s accreditation. comments on or before June 3, 2019, or supplier’s deemed status will ■ 9. Section 488.1030 is amended by and reply comments on or before June continue in effect for 180 calendar days adding paragraph (g) to read as follows: 17, 2019. if the Medicare-Certified provider or ADDRESSES: You may submit comments supplier takes the following steps set § 488.1030 Ongoing review of home and reply comments on or before the forth is § 488.8(g). infusion therapy accrediting organizations. dates indicated in the DATES section (i) The Medicare-certified provider or * * * * * above. Comments may be filed using the supplier must submit an application to (g) Change of ownership. An Commission’s Electronic Comment another CMS-approved accreditation accrediting organization that wishes to Filing System (ECFS). See Electronic program within 60 calendar days from undergo a change of ownership is Filing of Documents in Rulemaking the date of publication of the removal subject to the requirements set out at Proceedings, 63 FR 24121 (1998). All notice in the Federal Register; and § 488.5(f). filings related to this document shall (ii) The Medicare-certified provider or refer to WT Docket No. 19–71. supplier must provide written notice to PART 493—LABORATORY D Electronic Filers: Comments may be the SA that it has submitted an REQUIREMENTS filed electronically using the internet by application for accreditation under accessing the ECFS: http://apps.fcc.gov/ another CMS-approved accreditation ■ 10. The authority citation for part 493 ecfs/. program within this same 60-calendar is revised to read as follows: D Paper Filers: Parties who choose to day timeframe in accordance with Authority: 42 U.S.C. 263a, 1302, 1395x(e), file by paper must file an original and § 488.8(g). the sentence following 1395x(s)(11) through one copy of each filing. (iii) Failure to comply with the 1395x(s)(16). Filings can be sent by hand or timeframe requirements specified in messenger delivery, by commercial § 488.8(g) will place the provider or ■ 11. Section 493.553 is amended by overnight courier, or by first-class or supplier under the SA’s authority for adding paragraph (e) to read as follows: overnight U.S. Postal Service mail. All

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filings must be addressed to the people with disabilities (Braille, large well as to other customers? To what Commission’s Secretary, Office of the print, electronic files, audio format), extent do State, local, or private Secretary, Federal Communications send an email to [email protected] or call restrictions delay or impede the Commission. the Consumer & Governmental Affairs installation of fixed wireless hub or D All hand-delivered or messenger- Bureau at 202–418–0530 (voice), 202– relay antennas currently? If there are delivered paper filings for the 418–0432 (TTY). delays or impediments, commenters Commission’s Secretary must be should provide information and data on Synopsis delivered to FCC Headquarters at 445 the length of delays and associated costs 12th Street SW, Room TW–A325, I. NPRM imposed by the restrictions. In addition, Washington, DC 20554. The filing hours 1. The Commission agrees with the the Commission seeks comment on are 8:00 a.m. to 7:00 p.m. All hand Wireless internet Service Providers whether updating the OTARD rule deliveries must be held together with Association (WISPA) that it should seek could help facilitate the deployment of rubber bands or fasteners. Any comment on modernizing and updating other 5G infrastructure, such as small envelopes and boxes must be disposed the OTARD regulatory framework to wireless facilities. 3. Do fixed wireless service providers of before entering the building. reflect the current technological face a competitive disadvantage with D Commercial overnight mail (other landscape. Accordingly, the respect to the deployment of these than U.S. Postal Service Express Mail Commission proposes to eliminate the network facilities compared with other and Priority Mail) must be sent to 9300 restriction that currently excludes hub types of providers, such as carriers East Hampton Drive, Capitol Heights, and relay antennas from the scope of the whose deployments are subject to the MD 20743. OTARD provisions. The Commission’s provisions of Section 253 of the Act or D U.S. Postal Service first-class, previous decision to limit the mobile operators whose deployments Express, and Priority mail must be applicability of the OTARD rule are subject to the provisions of Section addressed to 445 12th Street SW, reflected the infrastructure needs of a Washington, DC 20554. 332? What are these competitive previous generation of wireless disadvantages? To what extent would People With Disabilities. To request technologies that relied on larger materials in accessible formats for extending OTARD protections as antennas spread over greater distances described here effectively address any people with disabilities (Braille, large to provide service to consumers. The print, electronic files, audio format), competitive disparity? Specifically, wireless infrastructure landscape has would extending OTARD protections send an email to [email protected] or call since shifted toward the development of the Consumer & Governmental Affairs increase competition or provide an 5G networks and technologies that incentive for entry? Commenters Bureau at 202–418–0530 (voice), 202– require dense deployment of smaller 418–0432 (tty). opposing the proposal should explain antennas across provider networks in their reasons for doing so, including For additional information on the locations closer to customers. The rulemaking process, see the providing any relevant data, and should Commission anticipates that revising discuss other steps the Commission SUPPLEMENTARY INFORMATION section of the OTARD framework would allow this document. could take to facilitate the deployment fixed wireless providers to deploy hub of the infrastructure necessary for In addition to filing comments with and relay antennas more quickly and the Secretary, a copy of any comments modern fixed wireless networks. efficiently and would help spur 4. The OTARD rule preempts on the Paperwork Reduction Act investment in and deployment of information collection modifications restrictions on antennas that are located needed infrastructure in a manner that on property within the antenna user’s proposed herein should be submitted to is consistent with the public interest. the Commission via email to PRA@ exclusive use or control, and where the The Commission seeks comment on its user has an ownership or leasehold fcc.gov and to Nicholas A. Fraser, Office proposal. of Management and Budget, via email to interest in the property, and it does not _ _ 2. The Commission seeks comment on apply to restrictions on antennas located Nicholas A. [email protected] or via the extent to which extending the fax at 202–395–5167. in common areas. How should the rule OTARD rule to fixed wireless hub and apply in the case of hub or relay FOR FURTHER INFORMATION CONTACT: For relay antennas would spur antennas? Should the Commission further information on this proceeding, infrastructure deployment, including clarify that it will interpret ‘‘antenna contact Erin Boone, [email protected], the deployment of mesh networks in user’’ to include fixed wireless service of the Wireless Telecommunications urban, suburban, and rural areas. To providers? For example, if a fixed Bureau, Competition & Infrastructure what extent would extending the rule wireless service provider leases space Policy Division, (202) 418–0736. create more siting opportunities for for a hub antenna on private property, SUPPLEMENTARY INFORMATION: This is a fixed wireless service providers? What should the Commission clarify that the summary of the Federal effect would adoption of the proposed service provider becomes the ‘‘antenna Communications Commission’s Notice rule have on infrastructure deployment user’’ with respect to that property? of Proposed Rulemaking (NPRM), in WT in rural, Tribal, and other underserved Would doing so be necessary to ensure Docket No. 19–71; FCC 19–36, adopted areas? What effect would it have on that fixed wireless providers are able to April 12, 2019, and released on April infrastructure deployment by small take advantage of an expanded OTARD 12, 2019. The document is available for providers? With respect to the hub and rule? ‘‘Fixed wireless signals’’ are download at http://fjallfoss.fcc.gov/ relay antennas, what types of services defined under the rule to mean ‘‘any edocs_public/. The complete text of this are these antennas typically used to commercial non-broadcast document is also available for supply, and what types of services communications signals transmitted via inspection and copying during normal might they supply in the future? Where wireless technology to and/or from a business hours in the FCC Reference do providers expect to deploy these fixed customer location.’’ Should the Information Center, Portals II, 445 12th facilities? To what extent are these Commission revise this provision to Street SW, Room CY–A257, facilities typically used to provide delete the word ‘‘customer’’? Is doing so Washington, DC 20554. To request service both to the owner of the necessary to ensure that the rule applies materials in accessible formats for property on which they are located as to hub and relay antennas? Should the

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Commission further define the term significant economic impact on a update the OTARD rule, and request ‘‘hub or relay antenna’’? If so, what substantial number of small entities by comments to help us evaluate the definition should it adopt? Is it the policies and rules proposed in this impact of the proposed rule changes and necessary to make any other changes to NPRM. Written public comments are facilitate the deployment of modern the text of the rule to ensure that it requested on this IRFA. Comments must fixed wireless infrastructure by extends to hub and relay antennas or be identified as responses to the IRFA modernizing the OTARD rule. and must be filed by the deadlines for would other rule revisions or 2. Legal Basis interpretations better effectuate the comments on the NPRM provided on proposal? the first page of the NPRM. The 11. The proposed actions are 5. Currently, the OTARD provisions Commission will send a copy of the authorized under sections 1, 4(i), applicable to fixed wireless antennas NPRM, including this IRFA, to the Chief s201(b), 202(a), 205(a), 303(r), and 1302 apply only to those antennas measuring Counsel for Advocacy of the Small of the Communications Act of 1934, as one meter or less in diameter or Business Administration (SBA). In amended, 47 U.S.C. 151, 154(i), 201(b), diagonal measurement. In addition, the addition, the Notice and IRFA (or 202(a), 205(a), 303(r), and 1302 and current rule is subject to an exception summaries thereof) will be published in section 207 of the Telecommunications for State, local, or private restrictions the Federal Register. Act of 1996, Public Law 104–104, section 207, 110 Stat. 56, 114. that are necessary to accomplish a 1. Need for, and Objectives of, the clearly defined, legitimate safety Proposed Rules 3. Description and Estimate of the objective, or to preserve prehistoric or Number of Small Entities To Which the 8. In the NPRM, the Commission historic places that are eligible for Proposed Rules Will Apply inclusion on the National Register of seeks comment on proposals to facilitate 12. The RFA directs agencies to Historic Places, provided such the deployment of 5G wireless networks provide a description of, and where restrictions impose as little burden as and technologies by removing outdated feasible, an estimate of the number of necessary to achieve the foregoing regulatory requirements. Specifically, small entities that may be affected by objectives, and apply in a the Commission proposes to eliminate the proposed rules and policies, if nondiscriminatory manner throughout the restriction that currently excludes adopted. The RFA generally defines the the regulated area. The Commission certain hub and relay antennas from the term ‘‘small entity’’ as having the same proposes not to change these aspects of scope of the over-the-air reception devices (OTARD) provisions. The meaning as the terms ‘‘small business,’’ the rule at this time. The Commission ‘‘small organization,’’ and ‘‘small seeks comment on this approach. Is Commission’s earlier decision to limit the applicability of the OTARD rule governmental jurisdiction.’’ In addition, there any reason to approach the size- the term ‘‘small business’’ has the same limitation differently in rural or reflected the infrastructure needs of a previous generation of wireless meaning as the term ‘‘small business underserved areas? concern’’ under the Small Business Act. 6. The Commission proposes to rely technologies that relied on larger A ‘‘small business concern’’ is one on the legal authority it relied on antennas spread over greater distances which: (1) Is independently owned and originally to extending the OTARD rule to provide service to consumers. The operated; (2) is not dominant in its field to apply to antennas used in connection wireless infrastructure landscape has of operation; and (3) satisfies any with fixed wireless services. The since shifted to the development of 5G additional criteria established by the Commission notes that it assumed all networks and technologies that require SBA. Below, the Commission provides a hub sites were ‘‘personal wireless dense deployment of smaller antennas description of such small entities, as service facilities’’ covered by section across provider networks in locations well as an estimate of the number of 332(c)(7) of the Act—defined by the Act closer to customers. The Commission anticipates that revising the OTARD such small entities, where feasible. to include only facilities that provide framework to allow fixed wireless 13. Small Businesses, Small ‘‘telecommunications services’’—and providers to deploy hub and relay Organizations, and Small Governmental therefore beyond the scope of its antennas more quickly and efficiently in Jurisdictions. The Commission’s actions, OTARD provisions. However, this areas within their exclusive use or over time, may affect small entities that assumption does not currently appear to control will help spur investment in and are not easily categorized at present. be accurate. The Commission therefore deployment of needed infrastructure in The Commission therefore describes seeks comment on extending relief to a manner that is consistent with the here, at the outset, three broad groups of those relay antennas and hub sites that public interest. small entities that could be directly are not ‘‘personal wireless service 9. Currently, the OTARD provisions affected herein. First, while there are facilities’’—i.e., those that fall into the applicable to fixed wireless antennas industry specific size standards for gap between the current OTARD apply only to those antennas measuring small businesses that are used in the provisions and the protections of one meter or less in diameter or regulatory flexibility analysis, according section 332(c)(7) of the Act, and those diagonal measurement. The current rule to data from the SBA’s Office of that WISPA claims are needed for is also subject to an exception for state, Advocacy, in general a small business is modern high-speed broadband wireless local, or private restrictions that are an independent business having fewer networks. Commenters are invited to necessary to accomplish a clearly than 500 employees. These types of identify any other legal authorities that defined, legitimate safety objective or to small businesses represent 99.9% of all may be relevant. preserve an eligible category of businesses in the United States, which II. Procedural Matters prehistoric or historic preservation translates to 28.8 million businesses. place, provided such restrictions impose 14. Next, the type of small entity A. Initial Regulatory Flexibility Analysis as little burden as necessary to achieve described as a ‘‘small organization’’ is 7. As required by the Regulatory the foregoing objectives, and apply in a generally ‘‘any not-for-profit enterprise Flexibility Act of 1980, as amended nondiscriminatory manner throughout which is independently owned and (RFA), the Commission has prepared the regulated area. operated and is not dominant in its this Initial Regulatory Flexibility 10. In the Notice the Commission asks field.’’ Nationwide, as of August 2016, Analysis (IRFA) of the possible detailed questions about its proposals to there were approximately 356,494 small

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organizations based on registration and employment of 999 or fewer employees ASR registration, the Commission does tax data filed by nonprofits with the and 12 had employment of 1000 not collect information as to the number Internal Revenue Service (IRS). employees or more. Thus, under this of such towers in use and therefore 15. Finally, the small entity described category and the associated size cannot estimate the number of tower as a ‘‘small governmental jurisdiction’’ standard, the Commission estimates that owners that would be subject to the is defined generally as ‘‘governments of the majority of wireless rules on which the Commission seeks cities, counties, towns, townships, telecommunications carriers (except comment. Moreover, the SBA has not villages, school districts, or special satellite) are small entities. developed a size standard for small districts, with a population of less than 18. The Commission’s own data— businesses in the category ‘‘Tower fifty thousand.’’ U.S. Census Bureau available in its Universal Licensing Owners.’’ Therefore, the Commission is data from the 2012 Census of System—indicate that, as of May 17, unable to determine the number of non- Governments indicates that there were 2018, there are 264 Cellular licensees licensee tower owners that are small 90,056 local governmental jurisdictions that will be affected by the entities. The Commission believes, consisting of general purpose Commission’s actions today. The however, that when all entities owning governments and special purpose Commission does not know how many 10 or fewer towers and leasing space for governments in the United States. Of of these licensees are small, as the collocation are included, non-licensee this number there were 37,132 General Commission does not collect that tower owners number in the thousands. purpose governments (county, information for these types of entities. In addition, there may be other non- municipal and town or township) with Similarly, according to internally licensee owners of other wireless populations of less than 50,000 and developed Commission data, 413 infrastructure, including Distributed 12,184 Special purpose governments carriers reported that they were engaged Antenna Systems (DAS) and small cells (independent school districts and in the provision of wireless telephony, that might be affected by the measures special districts) with populations of including cellular service, Personal on which the Commission seeks less than 50,000. The 2012 U.S. Census Communications Service (PCS), and comment. The Commission does not Bureau data for most types of Specialized Mobile Radio Telephony have any basis for estimating the governments in the local government (SMR) services. Of this total, an number of such non-licensee owners category shows that the majority of estimated 261 have 1,500 or fewer that are small entities. these governments have populations of employees, and 152 have more than 21. The closest applicable SBA less than 50,000. Based on this data the 1,500 employees. Thus, using available category is All Other Commission estimates that at least data, the Commission estimates that the Telecommunications, and the 49,316 local government jurisdictions majority of wireless firms can be appropriate size standard consists of all fall in the category of ‘‘small considered small. such firms with gross annual receipts of governmental jurisdictions.’’ 19. Non-Licensee Owners of Towers $32.5 million or less. For this category, 16. Local Exchange Carriers. Neither and Other Infrastructure. Although at U.S. Census data for 2012 show that the Commission nor the SBA has one time most communications towers there were 1,442 firms that operated for developed a size standard for small were owned by the licensee using the the entire year. Of these firms, a total of businesses specifically applicable to tower to provide communications 1,400 had gross annual receipts of less local exchange services. The closest service, many towers are now owned by than $25 million and 15 firms had applicable NAICS Code category is third-party businesses that do not annual receipts of $25 million to Wired Telecommunications Carriers. provide communications services $49,999,999. Thus, under this SBA size Under the applicable SBA size standard, themselves but lease space on their standard a majority of the firms such a business is small if it has 1,500 towers to other companies that provide potentially affected by the or fewer employees. U.S. Census Bureau communications services. The Commission’s action can be considered data for 2012 show that there were 3,117 Commission’s rules require that any small. firms that operated for the entire year. entity, including a non-licensee, 22. Lessors of Residential Buildings Of that total, 3,083 operated with fewer proposing to construct a tower over 200 and Dwellings. This industry comprises than 1,000 employees. Thus, under this feet in height or within the glide slope establishments primarily engaged in category and the associated size of an airport must register the tower acting as lessors of buildings used as standard, the Commission estimates that with the Commission’s Antenna residences or dwellings, such as single- the majority of local exchange carriers Structure Registration (ASR) system and family homes, apartment buildings, and are small entities. comply with applicable rules regarding town homes. Included in this industry 17. Wireless Telecommunications review for impact on the environment are owner-lessors and establishments Carriers (except Satellite). This industry and historic properties. renting real estate and then acting as comprises establishments engaged in 20. As of March 1, 2017, the ASR lessors in subleasing it to others. The operating and maintaining switching database includes approximately establishments in this industry may and transmission facilities to provide 122,157 registration records reflecting a manage the property themselves or have communications via the airwaves. ‘‘Constructed’’ status and 13,987 another establishment manage it for Establishments in this industry have registration records reflecting a them. The appropriate SBA size spectrum licenses and provide services ‘‘Granted, Not Constructed’’ status. standard for this industry classifies a using that spectrum, such as cellular These figures include both towers business as small if it has $27.5 million services, paging services, wireless registered to licensees and towers or less in annual receipts. U.S. Census internet access, and wireless video registered to non-licensee tower owners. Bureau 2012 data for Lessors of services. The appropriate size standard The Commission does not keep Residential Buildings and Dwellings under SBA rules is that such a business information from which the show that there were 42,911 firms that is small if it has 1,500 or fewer Commission can easily determine how operated for the entire year. Of that employees. For this industry, U.S. many of these towers are registered to number, 42,618 firms operated with Census data for 2012 show that there non-licensees or how many non- annual receipts of less than $25 million were 967 firms that operated for the licensees have registered towers. per year, while 142 firms operated with entire year. Of this total, 955 firms had Regarding towers that do not require annual receipts between $25 million

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and $49,999,999 million. Therefore, seeks comment on this proposal and, in wireless infrastructure. Moreover, while based on the SBA’s size standard the particular, on the potential impact it these changes would be beneficial to all majority of Lessors of Residential may have on infrastructure deployment companies, they should be particularly Buildings and Dwellings are small in rural areas and by small providers. beneficial to small entities that may not entities. 26. As part of the Commission’s have the resources and economies of 23. Property Owners’ Associations. efforts to modernize and update the scale of larger entities. In addition, these This industry comprises establishments OTARD regulatory framework to reflect proposed changes represent alternatives formed on the behalf of individual the current technological landscape, the to the existing framework which will property owners, to make collective Commission also seeks comment on allow the Commission to continue to decisions based on the wishes of a other steps it could take to facilitate the fulfill its statutory responsibilities, majority of owners. This includes deployment of the infrastructure while reducing the burden on small associations formed on behalf of necessary for modern fixed wireless entities by removing unnecessary individual residential condominium networks, and on what implementation impediments to the rapid deployment of owners or homeowners. These issues the Commission should consider. modern fixed wireless infrastructure associations may provide overall Following the Commission’s review and across the country. management, publish a telephone consideration of any comments filed in directory of the owners, sponsor response to the Notice, the Commission 6. Federal Rules That May Duplicate, seasonal events for the owners, establish will fully address any requirements Overlap, or Conflict With the Proposed and collect funds to operate the project, adopted that impose new or additional Rules enforce rules and regulations, settle reporting, recordkeeping, or other 29. None. differences of opinion among residents, compliance obligations, and/or will B. Ex Parte Presentations and make other decisions that are vital require small entities to hire attorneys, to the owners. Associations formed on engineers, consultants, or other 30. This proceeding shall be treated as behalf of individual real estate owners professionals to comply. a ‘‘permit-but-disclose’’ proceeding in or tenants that provide no property accordance with the Commission’s ex 5. Steps Taken To Minimize the management, but which arrange and parte rules. Persons making ex parte Significant Economic Impact on Small organize civic and social functions are presentations must file a copy of any Entities and Significant Alternatives included here as well. The appropriate written presentation or a memorandum Considered SBA size standard for this industry summarizing any oral presentation classifies a business as small if it has 27. The RFA requires an agency to within two business days after the $7.5 million or less in annual receipts. describe any significant, especially presentation (unless a different deadline U.S. Census Bureau 2012 data for small business, alternatives that it has applicable to the Sunshine period Property Owners’ Associations show considered in reaching its proposed applies). Persons making oral ex parte that there were 17,379 firms that approach, which may include the presentations are reminded that operated for the entire year. Of that following four alternatives (among memoranda summarizing the number, 16,963 firms operated with others): ‘‘(1) the establishment of presentation must (1) list all persons annual receipts of less than $5 million differing compliance or reporting attending or otherwise participating in per year, while 334 firms operated with requirements or timetables that take into the meeting at which the ex parte annual receipts between $5 million and account the resources available to small presentation was made, and (2) $ 9,999,999 million. Therefore, based on entities; (2) the clarification, summarize all data presented and the SBA’s size standard the majority of consolidation, or simplification of arguments made during the Property Owners’ Associations are small compliance and reporting requirements presentation. If the presentation entities. under the rule for such small entities; consisted in whole or in part of the (3) the use of performance rather than presentation of data or arguments 4. Description of Projected Reporting, design standards; and (4) an exemption already reflected in the presenter’s Recordkeeping, and Other Compliance from coverage of the rule, or any part written comments, memoranda or other Requirements for Small Entities thereof, for such small entities.’’ filings in the proceeding, the presenter 24. The proposed updates to the 28. The proposed rule changes may provide citations to such data or OTARD rule, if adopted, would not contemplated by the Commission in this arguments in his or her prior comments, impose any new or additional reporting, proceeding would relieve small as well memoranda, or other filings (specifying recordkeeping, or other compliance as large companies from private and the relevant page and/or paragraph obligations. However, the number of governmental restrictions on the numbers where such data or arguments entities subject to the rule’s protections placement of devices integral to the can be found) in lieu of summarizing and the labelling requirements may deployment of modern fixed wireless them in the memorandum. Documents expand as a result of the proposals. infrastructure. However, to better shown or given to Commission staff 25. The Commission takes steps to evaluate the economic impact on small during ex parte meetings are deemed to reduce regulatory impediments to entities, which could occur as a result be written ex parte presentations and deployment by ensuring that State, of the actions proposed in this Notice, must be filed consistent with rule local, and private restrictions do not the Commission has sought comment. 1.1206(b). In proceedings governed by delay or impede the installation of fixed By revising the OTARD framework to Rule 1.49(f) or for which the wireless hub or relay antennas on allow fixed wireless providers to site Commission has made available a private property. If enacted, the hub and relay antennas more quickly method of electronic filing, written ex Commission’s proposal would benefit and efficiently, in areas within their parte presentations and memoranda fixed wireless providers—both small exclusive use or control (provided that summarizing oral ex parte and large—by creating more siting devices are properly labelled as required presentations, and all attachments opportunities, and the Commission by the existing rule), the Commission thereto, must be filed through the anticipates its proposal would spur seeks to significantly reduce the electronic comment filing system investment in and deployment of economic impact on small and large available for that proceeding, and must needed infrastructure. The Commission entities involved in deploying fixed be filed in their native format (e.g., .doc,

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.xml, .ppt, searchable .pdf). Participants Act of 1996, Public Law 104–104, ■ 2. Section 1.4000 paragraphs in this proceeding should familiarize section 207, 110 Stat. 56, 114 that this (a)(1)(i)(A) and (ii)(A) are revised to read themselves with the Commission’s ex Notice of Proposed Rulemaking is as follows: parte rules. adopted. § 1.4000 Restrictions impairing reception C. Paperwork Reduction Act 33. It is further ordered that the of television broadcast signals, direct Commission’s Consumer and 31. This document contains proposed broadcast satellite services or multichannel Governmental Affairs Bureau, Reference multipoint distribution services. new or modified information collection Information Center, shall send a copy of (a) * * * requirements. The Commission, as part this Notice of Proposed Rulemaking, (1) * * * of its continuing effort to reduce including the Initial Regulatory paperwork burdens, invites the general Flexibility Analysis, to the Chief (i) * * * public and the Office of Management Counsel for Advocacy of the Small (A) An antenna that is used to receive and Budget (OMB) to comment on the Business Administration. direct broadcast satellite service, information collection requirements in including direct-to-home satellite this document, subject to the Paperwork Federal Communications Commission. service, or to receive or transmit fixed Reduction Act of 1995 (PRA), Public Katura Jackson, wireless signals via satellite, including a Law 104–13. In addition, pursuant to Federal Register Liaison Officer, Office of the hub or relay antenna, and Secretary. the Small Business Paperwork Relief * * * * * Act of 2002, Public Law 107–198, see 44 Proposed Rules (ii) * * * U.S.C. 3506(c)(4), the Commission seeks (A) An antenna that is used to receive specific comment on how it might The Federal Communications video programming services via further reduce the information Commission proposes to amend multipoint distribution services, collection burden for small business § 1.4000 of Title 47 of the Code of concerns with fewer than 25 employees. Federal Regulations as follows: including multichannel multipoint distribution services, instructional III. Ordering Clauses PART 1—PRACTICE AND television fixed services, and local 32. Accordingly, it is ordered, PROCEDURE multipoint distribution services, or to pursuant to sections 1, 4(i), 201(b), receive or transmit fixed wireless 202(a), 205, 303(r), and 1302 of the ■ 1. The authority citation for part 1 signals other than via satellite, Communications Act of 1934, as continues to read as follows: including a hub or relay antenna, and amended, 47 U.S.C. 151, 154(i), 201(b), Authority: 47 U.S.C. 151, 154(i), 154(j), * * * * * 202(a), 205(a), 303(r), and 1302 and 155, 157, 225, 227, 303(r), 309, 1403, 1404, [FR Doc. 2019–08432 Filed 5–1–19; 8:45 am] section 207 of the Telecommunications 1451, and 1452. BILLING CODE 6712–01–P

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Notices Federal Register Vol. 84, No. 85

Thursday, May 2, 2019

This section of the FEDERAL REGISTER Street and Independence Avenue SW, measures identified in the RMD. These contains documents other than rules or Washington, DC. Normal reading room measures are summarized below: proposed rules that are applicable to the hours are 8 a.m. to 4:30 p.m., Monday • Importation in commercial public. Notices of hearings and investigations, through Friday, except holidays. To be shipments only, committee meetings, agency decisions and sure someone is there to help you, • rulings, delegations of authority, filing of Phytosanitary treatment (irradiation petitions and applications and agency please call (202) 799–7039 before with a minimum absorbed dose of 150 statements of organization and functions are coming. Gy), examples of documents appearing in this FOR FURTHER INFORMATION CONTACT: Mr. • Pre-export inspection by the NPPO section. Marc Phillips, Senior Regulatory Policy and issuance of a phytosanitary Specialist, Regulatory Coordination and certificate stating that the consignment Compliance, PPQ, APHIS, 4700 River was inspected and found free of DEPARTMENT OF AGRICULTURE Road, Unit 133, Riverdale, MD 20737– quarantine pests, and 1231; (301) 851–2114. • Port of entry inspections. Animal and Plant Health Inspection SUPPLEMENTARY INFORMATION: Each of the pest risk mitigation Service Under the regulations in ‘‘Subpart L–Fruits and measures that would be required, along [Docket No. APHIS–2019–0012] Vegetables’’ (7 CFR 319.56–1 through with evidence of their efficacy in 319.56–12, referred to below as the removing pests of concern from the Notice of Availability of a Pest Risk regulations), the Animal and Plant pathway, are described in detail in the Analysis for the Importation of Fresh Health Inspection Service (APHIS) RMD. Mombin Fruit From Mexico Into the prohibits or restricts the importation of Therefore, in accordance with Continental United States fruits and vegetables into the United § 319.56–4(c)(3), we are announcing the AGENCY: Animal and Plant Health States from certain parts of the world to availability of our pest list and RMD for Inspection Service, USDA. prevent plant pests from being public review and comment. Those introduced into or disseminated within documents, as well as a description of ACTION: Notice of availability. the United States. the economic considerations associated SUMMARY: We are advising the public Section 319.56–4 contains a with the importation of fresh mombin that we have prepared a pest risk performance-based process for fruit from Mexico, may be viewed on analysis that evaluates the risks approving the importation of certain the Regulations.gov website or in our associated with importation of fresh fruits and vegetables that, based on the reading room (see ADDRESSES above for mombin fruit from Mexico into the findings of a pest risk analysis, can be a link to Regulations.gov and continental United States. Based on the safely imported subject to one or more information on the location and hours of analysis, we have determined that the of the five designated phytosanitary the reading room). You may request application of one or more measures listed in paragraph (b) of that paper copies of these documents by phytosanitary measures will be section. calling or writing to the person listed sufficient to mitigate the risks of APHIS received a request from the under FOR FURTHER INFORMATION introducing or disseminating plant pests national plant protection organization CONTACT. Please refer to the subject of or noxious weeds via the importation of (NPPO) of Mexico to allow the the analysis you wish to review when fresh mombin fruit from Mexico. We are importation of fresh mombin fruit requesting copies. making the pest risk analysis available (Spondias mombin L. and S. purpurea After reviewing any comments we to the public for review and comment. L.) into the continental United States. receive, we will announce our decision As part of our evaluation of Mexico’s DATES: We will consider all comments regarding the import status of fresh request, we have prepared a pest list to mombin fruit from Mexico in a that we receive on or before July 1, identify pests of quarantine significance 2019. subsequent notice. If the overall that could follow the pathway of conclusions of our analysis and the ADDRESSES: You may submit comments importation of fresh mombin fruit into Administrator’s determination of risk by either of the following methods: the continental United States from • remain unchanged following our Federal eRulemaking Portal: Go to Mexico. Based on the pest list, a risk consideration of the comments, then we http://www.regulations.gov/#!docket management document (RMD) was will authorize the importation of fresh Detail;D=APHIS-2019-0012. prepared to identify phytosanitary • mombin fruit from Mexico into the Postal Mail/Commercial Delivery: measures that could be applied to the continental United States subject to the Send your comment to Docket No. fresh mombin fruit to mitigate the pest requirements specified in the RMD. APHIS–2019–0012, Regulatory Analysis risk. and Development, PPD, APHIS, Station We have concluded that fresh Authority: 7 U.S.C. 1633, 7701–7772, and 3A–03.8, 4700 River Road, Unit 118, mombin fruit can be safely imported 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. Riverdale, MD 20737–1238. from Mexico into the continental United Supporting documents and any States using one or more of the five Done in Washington, DC, this 26th day of comments we receive on this docket designated phytosanitary measures April 2019. may be viewed at http:// listed in § 319.56–4(b). The NPPO of Kevin Shea, www.regulations.gov/#!docket Mexico would have to enter into an Administrator, Animal and Plant Health Detail;D=APHIS-2019-0012 or in our operational workplan with APHIS that Inspection Service. reading room, which is located in Room spells out the daily procedures the [FR Doc. 2019–08969 Filed 5–1–19; 8:45 am] 1141 of the USDA South Building, 14th NPPO will take to implement the BILLING CODE 3410–34–P

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DEPARTMENT OF AGRICULTURE Vegetables’’ (7 CFR 319.56–1 through public review and comment. Those 319.56–12, referred to below as the documents, as well as a description of Animal and Plant Health Inspection regulations), the Animal and Plant the economic considerations associated Service Health Inspection Service (APHIS) with the importation of fresh mamey prohibits or restricts the importation of sapote fruit from Mexico, may be [Docket No. APHIS–2019–0011] fruits and vegetables into the United viewed on the Regulations.gov website Notice of Availability of a Pest Risk States from certain parts of the world to or in our reading room (see ADDRESSES Analysis for the Importation of Fresh prevent plant pests from being above for a link to Regulations.gov and Mamey Sapote Fruit From Mexico Into introduced into or disseminated within information on the location and hours of the Continental United States the United States. the reading room). You may request Section 319.56–4 contains a paper copies of these documents by AGENCY: Animal and Plant Health performance-based process for calling or writing to the person listed Inspection Service, USDA. approving the importation of certain under FOR FURTHER INFORMATION ACTION: Notice of availability. fruits and vegetables that, based on the CONTACT. Please refer to the subject of findings of a pest risk analysis, can be the analysis you wish to review when SUMMARY: We are advising the public safely imported subject to one or more requesting copies. that we have prepared a pest risk of the five designated phytosanitary After reviewing any comments we analysis that evaluates the risks measures listed in paragraph (b) of that receive, we will announce our decision associated with importation of fresh section. regarding the import status of fresh mamey sapote fruit from Mexico into APHIS received a request from the mamey sapote fruit from Mexico in a the continental United States. Based on national plant protection organization subsequent notice. If the overall the analysis, we have determined that (NPPO) of Mexico to allow the conclusions of our analysis and the the application of one or more importation of fresh mamey sapote fruit Administrator’s determination of risk phytosanitary measures will be (Pouteria sapota [Jacq.] H.E. Moore & remain unchanged following our sufficient to mitigate the risks of Stearn) into the continental United consideration of the comments, then we introducing or disseminating plant pests States. As part of our evaluation of will authorize the importation of fresh or noxious weeds via the importation of Mexico’s request, we have prepared a mamey sapote fruit from Mexico into fresh mamey sapote fruit from Mexico. pest list to identify pests of quarantine the continental United States subject to We are making the pest risk analysis significance that could follow the the requirements specified in the RMD. available to the public for review and pathway of importation of fresh mamey Authority: 7 U.S.C. 1633, 7701–7772, and comment. sapote fruit into the continental United 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR States from Mexico. Based on the pest 2.22, 2.80, and 371.3. DATES: We will consider all comments that we receive on or before July 1, list, a risk management document Done in Washington, DC, this 26th day of 2019. (RMD) was prepared to identify April 2019. phytosanitary measures that could be Kevin Shea, ADDRESSES: You may submit comments applied to the fresh mamey sapote fruit Administrator, Animal and Plant Health by either of the following methods: to mitigate the pest risk. Inspection Service. • Federal eRulemaking Portal: Go to We have concluded that fresh mamey [FR Doc. 2019–08970 Filed 5–1–19; 8:45 am] http://www.regulations.gov/#!docket sapote fruit can be safely imported from BILLING CODE 3410–34–P Detail;D=APHIS-2019-0011. Mexico into the continental United • Postal Mail/Commercial Delivery: States using one or more of the five Send your comment to Docket No. designated phytosanitary measures DEPARTMENT OF AGRICULTURE APHIS–2019–0011, Regulatory Analysis listed in § 319.56–4(b). The NPPO of and Development, PPD, APHIS, Station Mexico would have to enter into an Animal and Plant Health Inspection 3A–03.8, 4700 River Road, Unit 118, operational workplan with APHIS that Service Riverdale, MD 20737–1238. spells out the daily procedures the [Docket No. APHIS–2019–0013] Supporting documents and any NPPO will take to implement the comments we receive on this docket measures identified in the RMD. These Notice of Availability of a Pest Risk may be viewed at http:// measures are summarized below: Analysis for the Importation of Fresh • www.regulations.gov/#!docket Importation in commercial Soursop Fruit From Mexico Into the Detail;D=APHIS-2019-0011 or in our shipments only, Continental United States reading room, which is located in Room • Phytosanitary treatment (irradiation 1141 of the USDA South Building, 14th with a minimum absorbed dose of 150 AGENCY: Animal and Plant Health Street and Independence Avenue SW, Gy), Inspection Service, USDA. Washington, DC. Normal reading room • Pre-export inspection by the NPPO ACTION: Notice of availability. hours are 8 a.m. to 4:30 p.m., Monday and issuance of a phytosanitary through Friday, except holidays. To be certificate stating that the consignment SUMMARY: We are advising the public sure someone is there to help you, was inspected and found free of that we have prepared a pest risk please call (202) 799–7039 before quarantine pests, and analysis that evaluates the risks • coming. Port of entry inspections. associated with importation of fresh Each of the pest risk mitigation soursop fruit from Mexico into the FOR FURTHER INFORMATION CONTACT: Mr. measures that would be required, along continental United States. Based on the Marc Phillips, Senior Regulatory Policy with evidence of their efficacy in analysis, we have determined that the Specialist, Regulatory Coordination and removing pests of concern from the application of one or more Compliance, PPQ, APHIS, 4700 River pathway, are described in detail in the phytosanitary measures will be Road, Unit 133, Riverdale, MD 20737– RMD. sufficient to mitigate the risks of 1231; (301) 851–2114. Therefore, in accordance with introducing or disseminating plant pests SUPPLEMENTARY INFORMATION: Under the § 319.56–4(c)(3), we are announcing the or noxious weeds via the importation of regulations in ‘‘Subpart L—Fruits and availability of our pest list and RMD for fresh soursop fruit from Mexico. We are

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making the pest risk analysis available fresh soursop fruit into the continental Authority: 7 U.S.C. 1633, 7701–7772, and to the public for review and comment. United States from Mexico. Based on 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. DATES: We will consider all comments the pest list, a risk management that we receive on or before July 1, document (RMD) was prepared to Done in Washington, DC, this 26th day of 2019. identify phytosanitary measures that April 2019. could be applied to the fresh soursop Kevin Shea, ADDRESSES: You may submit comments fruit to mitigate the pest risk. Administrator, Animal and Plant Health by either of the following methods: We have concluded that fresh soursop Inspection Service. • Federal eRulemaking Portal: Go to fruit can be safely imported from [FR Doc. 2019–08966 Filed 5–1–19; 8:45 am] http://www.regulations.gov/#!docket Mexico into the continental United Detail;D=APHIS-2019-0013. BILLING CODE 3410–34–P • States using one or more of the five Postal Mail/Commercial Delivery: designated phytosanitary measures Send your comment to Docket No. listed in § 319.56–4(b). The NPPO of DEPARTMENT OF AGRICULTURE APHIS–2019–0013, Regulatory Analysis Mexico would have to enter into an and Development, PPD, APHIS, Station operational workplan with APHIS that Animal and Plant Health Inspection 3A–03.8, 4700 River Road, Unit 118, spells out the daily procedures the Service Riverdale, MD 20737–1238. NPPO will take to implement the [Docket No. APHIS–2019–0014] Supporting documents and any measures identified in the RMD. These comments we receive on this docket measures are summarized below: Notice of Availability of a Pest Risk may be viewed at http:// • Importation in commercial Analysis for the Importation of Fresh www.regulations.gov/#!docket shipments only, Sapodilla Fruit From Mexico Into the Detail;D=APHIS-2019-0013 or in our • Phytosanitary treatment (irradiation Continental United States reading room, which is located in Room with a minimum absorbed dose of 400 1141 of the USDA South Building, 14th AGENCY: Gy), Animal and Plant Health Street and Independence Avenue SW, Inspection Service, USDA. • Pre-export inspection by the NPPO Washington, DC. Normal reading room and issuance of a phytosanitary ACTION: Notice of availability. hours are 8 a.m. to 4:30 p.m., Monday certificate stating that the consignment through Friday, except holidays. To be SUMMARY: We are advising the public was inspected and found free of sure someone is there to help you, that we have prepared a pest risk quarantine pests, and please call (202) 799–7039 before analysis that evaluates the risks • Port of entry inspections. coming. associated with importation of fresh Each of the pest risk mitigation sapodilla fruit from Mexico into the FOR FURTHER INFORMATION CONTACT: Mr. measures that would be required, along continental United States. Based on the Marc Phillips, Senior Regulatory Policy with evidence of their efficacy in analysis, we have determined that the Specialist, Regulatory Coordination and removing pests of concern from the application of one or more Compliance, PPQ, APHIS, 4700 River pathway, are described in detail in the phytosanitary measures will be Road, Unit 133, Riverdale, MD 20737– RMD. sufficient to mitigate the risks of 1231; (301) 851–2114. Therefore, in accordance with introducing or disseminating plant pests SUPPLEMENTARY INFORMATION: Under the § 319.56–4(c)(3), we are announcing the or noxious weeds via the importation of regulations in ‘‘Subpart L–Fruits and availability of our pest list and RMD for fresh sapodilla fruit from Mexico. We Vegetables’’ (7 CFR 319.56–1 through public review and comment. Those are making the pest risk analysis 319.56–12, referred to below as the documents, as well as a description of available to the public for review and regulations), the Animal and Plant the economic considerations associated comment. Health Inspection Service (APHIS) with the importation of fresh soursop prohibits or restricts the importation of fruit from Mexico, may be viewed on DATES: We will consider all comments fruits and vegetables into the United the Regulations.gov website or in our that we receive on or before July 1, States from certain parts of the world to reading room (see ADDRESSES above for 2019. prevent plant pests from being a link to Regulations.gov and ADDRESSES: You may submit comments introduced into or disseminated within information on the location and hours of by either of the following methods: the United States. the reading room). You may request • Federal eRulemaking Portal: Go to Section 319.56–4 contains a paper copies of these documents by http://www.regulations.gov/#!docket performance-based process for calling or writing to the person listed Detail;D=APHIS-2019-0014. approving the importation of certain under FOR FURTHER INFORMATION • Postal Mail/Commercial Delivery: fruits and vegetables that, based on the CONTACT. Please refer to the subject of Send your comment to Docket No. findings of a pest risk analysis, can be the analysis you wish to review when APHIS–2019–0014, Regulatory Analysis safely imported subject to one or more requesting copies. and Development, PPD, APHIS, Station of the five designated phytosanitary After reviewing any comments we 3A–03.8, 4700 River Road, Unit 118, measures listed in paragraph (b) of that receive, we will announce our decision Riverdale, MD 20737–1238. section. regarding the import status of fresh Supporting documents and any APHIS received a request from the soursop fruit from Mexico in a comments we receive on this docket national plant protection organization subsequent notice. If the overall may be viewed at http:// (NPPO) of Mexico to allow the conclusions of our analysis and the www.regulations.gov/#!docket importation of fresh soursop fruit Administrator’s determination of risk Detail;D=APHIS-2019-0014 or in our (Annona muricata L.) into the remain unchanged following our reading room, which is located in Room continental United States. As part of our consideration of the comments, then we 1141 of the USDA South Building, 14th evaluation of Mexico’s request, we have will authorize the importation of fresh Street and Independence Avenue SW, prepared a pest list to identify pests of soursop fruit from Mexico into the Washington, DC. Normal reading room quarantine significance that could continental United States subject to the hours are 8 a.m. to 4:30 p.m., Monday follow the pathway of importation of requirements specified in the RMD. through Friday, except holidays. To be

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sure someone is there to help you, was inspected and found free of approved information collection in please call (202) 799–7039 before quarantine pests, and support of the Rural Economic coming. • Port of entry inspections. Development Loan and Grant Program. Each of the pest risk mitigation DATES: Comments on this notice must be FOR FURTHER INFORMATION CONTACT: Mr. measures that would be required, along Marc Phillips, Senior Regulatory Policy received by July 1, 2019, to be assured with evidence of their efficacy in of consideration. Specialist, Regulatory Coordination and removing pests of concern from the FOR FURTHER INFORMATION CONTACT: Compliance, PPQ, APHIS, 4700 River pathway, are described in detail in the Road, Unit 133, Riverdale, MD 20737– Thomas P. Dickson, Rural Development RMD. Innovation Center—Regulatory Team 2, 1231; (301) 851–2114. Therefore, in accordance with USDA, 1400 Independence Avenue SW, SUPPLEMENTARY INFORMATION: Under the § 319.56–4(c)(3), we are announcing the STOP 1522, Room 4233, South regulations in ‘‘Subpart L–Fruits and availability of our pest list and RMD for Building, Washington, DC 20250–1522. Vegetables’’ (7 CFR 319.56–1 through public review and comment. Those Telephone: (202) 690–4492. Email 319.56–12, referred to below as the documents, as well as a description of [email protected]. regulations), the Animal and Plant the economic considerations associated Health Inspection Service (APHIS) with the importation of fresh sapodilla SUPPLEMENTARY INFORMATION: The Office prohibits or restricts the importation of fruit from Mexico, may be viewed on of Management and Budget’s (OMB) fruits and vegetables into the United the Regulations.gov website or in our regulation (5 CFR 1320) implementing States from certain parts of the world to reading room (see ADDRESSES above for provisions of the Paperwork Reduction prevent plant pests from being a link to Regulations.gov and Act of 1995 (Pub. L. 104–13) requires introduced into or disseminated within information on the location and hours of that interested members of the public the United States. the reading room). You may request and affected agencies have an Section 319.56–4 contains a paper copies of these documents by opportunity to comment on information performance-based process for calling or writing to the person listed collection and recordkeeping activities approving the importation of certain under FOR FURTHER INFORMATION (see 5 CFR 1320.8(d)). This notice fruits and vegetables that, based on the CONTACT. Please refer to the subject of identifies an information collection that findings of a pest risk analysis, can be the analysis you wish to review when RBS is submitting to OMB for extension. safely imported subject to one or more requesting copies. Comments are invited on: (a) Whether of the five designated phytosanitary After reviewing any comments we the proposed collection of information measures listed in paragraph (b) of that receive, we will announce our decision is necessary for the proper performance section. regarding the import status of fresh of the functions of the Agency, including whether the information will APHIS received a request from the sapodilla fruit from Mexico in a have practical utility; (b) the accuracy of national plant protection organization subsequent notice. If the overall the Agency’s estimate of the burden of (NPPO) of Mexico to allow the conclusions of our analysis and the the proposed collection of information importation of fresh sapodilla fruit Administrator’s determination of risk including the validity of the (Manilkara zapota van Royen) into the remain unchanged following our methodology and assumptions used; (c) continental United States. As part of our consideration of the comments, then we ways to enhance the quality, utility and evaluation of Mexico’s request, we have will authorize the importation of fresh clarity of the information to be prepared a pest list to identify pests of sapodilla fruit from Mexico into the collected; and (d) ways to minimize the quarantine significance that could continental United States subject to the burden of the collection of information follow the pathway of importation of requirements specified in the RMD. on those who are to respond, including fresh sapodilla fruit into the continental Authority: 7 U.S.C. 1633, 7701–7772, and through the use of appropriate United States from Mexico. Based on 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR automated, electronic, mechanical, or the pest list, a risk management 2.22, 2.80, and 371.3. other technological collection document (RMD) was prepared to Done in Washington, DC, this 26th day of techniques or other forms of information identify phytosanitary measures that April 2019. technology. could be applied to the fresh sapodilla Kevin Shea, Comments may be sent by any of the fruit to mitigate the pest risk. Administrator, Animal and Plant Health following methods: We have concluded that fresh Inspection Service. • Mail: Thomas P. Dickson, Rural sapodilla fruit can be safely imported [FR Doc. 2019–08965 Filed 5–1–19; 8:45 am] Development Innovation Center, 1400 from Mexico into the continental United BILLING CODE 3410–34–P Independence Avenue SW, STOP 1522, States using one or more of the five Room 4233, South Building, designated phytosanitary measures Washington, DC 20250–1522. listed in § 319.56–4(b). The NPPO of DEPARTMENT OF AGRICULTURE Telephone: (202) 690–4492. Email: Mexico would have to enter into an [email protected]. operational workplan with APHIS that Rural Business-Cooperative Service • Federal eRulemaking Portal: Go to spells out the daily procedures the https://www.regulations.gov. Follow the Information Collection Activity; NPPO will take to implement the instructions for submitting comments. Comment Request measures identified in the RMD. These Title: Rural Economic Development measures are summarized below: AGENCY: Rural Business-Cooperative Loan and Grant Program. • Importation in commercial Service, USDA. OMB Number: 0570–0035. shipments only, ACTION: Notice; comment requested. Type of Request: Revision of a • Phytosanitary treatment (irradiation currently approved information with a minimum absorbed dose of 400 SUMMARY: In accordance with the collection. Gy), Paperwork Reduction Act of 1995, this Abstract: Under this program, loans • Pre-export inspection by the NPPO notice announces the Rural Business- and grants are provided to electric and and issuance of a phytosanitary Cooperative Service’s intention to telecommunications utilities that have certificate stating that the consignment request an extension for a currently borrowed funds from the Agency. The

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purpose of the program is to encourage DEPARTMENT OF COMMERCE meaning of section 735(b)(1)(A)(i) of the these electric and telecommunications Act, by reason of LTFV imports of utilities to promote rural economic International Trade Administration welded line pipe and welded structural 3 development and job creation projects [A–580–897] pipe from Korea. Additionally, the ITC such as business start-up costs, business made a negative determination of expansion, community development, Large Diameter Welded Pipe From the material injury or threat of material and business incubator projects. The Republic of Korea: Amended Final injury with respect to stainless steel utilities must use program loan funds to Affirmative Antidumping Determination pipe.4 Commerce released draft revised make a pass-through loan to an ultimate and Antidumping Duty Order scope language for comment by parties.5 recipient such as a business. The utility No party objected to the revised scope is responsible for fully repaying its loan AGENCY: Enforcement and Compliance, language in this proceeding. to the Government, even if the ultimate International Trade Administration, Department of Commerce. Scope of the Order recipient does not repay its loan. The SUMMARY: Based on affirmative final intermediary must use program grant The products covered by this order determinations by the Department of funds, along with its required are welded line pipe and welded Commerce (Commerce) and the contribution, to create a revolving loan structural pipe from Korea. For a fund that the utility will operate and International Trade Commission (ITC), Commerce is issuing an antidumping complete description of the scope of this administer. Loans to the ultimate order, see the Appendix to this notice. recipient are made from the revolving duty order on large diameter welded carbon and alloy steel line and loan fund for a variety of community Amended Final Determination structural pipe from the Republic of development projects. The information Korea (Korea). In addition, Commerce is A ministerial error is defined as an requested is necessary and vital in order amending its final affirmative error in addition, subtraction, or other for the Agency to be able to make determination. arithmetic function, clerical error prudent and financial analysis resulting from inaccurate copying, decisions. DATES: Applicable May 2, 2019. duplication, or the like, and any other FOR FURTHER INFORMATION CONTACT: Estimate of Burden: Public reporting similar type of unintentional error Sergio Balbontin at (202) 482–6478 or burden for this collection of information which the Secretary considers Janae Martin at (202) 482–0238, AD/ is estimated to average 2 hours per ministerial.6 response. CVD Operations, Enforcement and Compliance, U.S. Department of Pursuant to section 735(e) of the Act Respondents: Rural Utilities Service Commerce, 1401 Constitution Avenue and 19 CFR 351.224(e) and (f), Electric and Telecommunications NW, Washington, DC 20230. Commerce is amending the Final Borrowers. SUPPLEMENTARY INFORMATION: Determination to reflect the correction Estimated Number of Respondents: of certain ministerial errors in the final Background 120. estimated weighted average dumping On February 27, 2019, Commerce margin calculated for SeAH Steel Estimated Number of Responses per published its affirmative final Corporation (SeAH). In addition, Respondent: 17. determination in the less-than-fair-value because SeAH’s estimated weighted Estimated Number of Responses: (LTFV) investigation of large diameter average dumping margin is the basis for 2,180. welded pipe from Korea.1 The scope of the estimated weighted average Estimated Total Annual Burden on the investigation in Commerce’s final dumping margin determined for all Respondents: 4,781. determination covered large diameter other Korean producers and exporters of welded carbon and alloy steel line pipe subject merchandise, we also are Copies of this information collection (welded line pipe), large diameter revising the ‘‘all-others’’ rate in the can be obtained from Robin M. Jones, welded carbon and alloy steel structural Final Determination.7 The amended Innovation Center, at (202) 772–1172, pipe (welded structural pipe), and estimated weighted average dumping Email: [email protected]. stainless steel large diameter welded margins are listed in the Suspension of 2 All responses to this notice will be pipe (stainless steel pipe) from Korea. Liquidation section below. summarized and included in the request As discussed below, the ITC for OMB approval. All comments will subsequently found three domestic like 3 See ITC Notification Letter regarding ITC also become a matter of public record. products covered by the scope of the Investigation Nos. 701–TA–595–596 and 731–TA– investigation (welded line pipe, welded 1401, 1403, 1405–1406, dated April 15, 2019 (ITC Bette B. Brand, structural pipe, and stainless steel pipe) Notification); see also Large Diameter Welded Pipe and, accordingly, made a separate injury from Canada, Greece, Korea, and Turkey; Administrator, Rural Business-Cooperative Determinations, 84 FR 16533 (April 19, 2019) (ITC Service. determination with respect to each Final Determination); and Large Diameter Welded [FR Doc. 2019–08935 Filed 5–1–19; 8:45 am] domestic like product. On April 15, Pipe from Canada, Greece, Korea, and Turkey, Investigation Nos. 701–TA–595–596 and 731–TA– BILLING CODE 3410–XY–P 2019, the ITC notified Commerce of its final determination, pursuant to 735(d) 1401, 1403, 1405–1406 (Final), Publication 4883, of the Tariff Act of 1930, as amended April 2019 (Final ITC Report). 4 See ITC Notification. (the Act), that an industry in the United 5 See Memorandum, ‘‘Comments on the Scope of States is materially injured within the the Orders,’’ dated April 5, 2019. 6 See section 735(e) of the Act and 19 CFR 1 See Large Diameter Welded Pipe from the 351.224(f). Republic of Korea: Final Determination of Sales at 7 See Memorandum, ‘‘Less-Than-Fair-Value Less Than Fair Value, 84 FR 6374 (February 27, Investigation of Large Diameter Welded Pipe from 2019) (Final Determination). Korea: Ministerial Error Allegations in the Final 2 Id. Determination,’’ dated March 22, 2019.

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Antidumping Duty Order exceeds the export price (or constructed publication of the ITC Final On April 15, 2019, in accordance with export price) of the merchandise for all Determination in the Federal Register. relevant entries of welded line pipe sections 735(b)(1)(A)(i) and 735(d) of the Stainless Steel Pipe Act, the ITC notified Commerce of its from Korea. Antidumping duties will be final determination in this investigation, assessed on unliquidated entries of The Final ITC Report describes in which it found that imports of welded line pipe from Korea entered, or stainless steel pipe as being produced welded line pipe and welded structural withdrawn from warehouse, for from stainless steel for its high-chrome consumption on or after August 27, chemistry and corrosion-resistant pipe from Korea are materially injuring 15 a U.S. industry.8 As a result, and in 2018, the date of publication of the properties. Because the ITC made a 11 accordance with sections 735(c)(2) and Preliminary Determination, but will negative determination of material 736 of the Act, we are publishing this not be assessed on entries occurring injury or threat of material injury by after the expiration of the provisional reason of LTFV imports of stainless steel antidumping duty order. As noted 16 above, in its determination, the ITC measures period, beginning on February pipe from Korea, Commerce will found three domestic like products 23, 2019, in accordance with section direct CBP to terminate the suspension covered by the scope of the 733(d) of the Act, until the date of of liquidation for entries of stainless investigation: Welded line pipe, welded publication of the ITC Final steel pipe from Korea entered, or structural pipe, and stainless steel pipe. Determination in the Federal Register. withdrawn from warehouse, and to refund all cash deposits with respect to The ITC made a negative determination Welded Structural Pipe with respect to stainless steel pipe from these entries pursuant to section The Final ITC Report describes Korea. The ITC made an affirmative 735(c)(2) of the Act. welded structural pipe as a tubular determination with respect to welded product produced from carbon and alloy Suspension of Liquidation line pipe and welded structural pipe steel, produced to American Society for In accordance with section 736 of the from Korea. Because the ITC made Testing and Materials (ASTM) Act, Commerce will direct CBP to distinct and different injury specifications, and designed for support reinstitute the suspension of liquidation determinations for separate domestic in construction projects and piling.12 of subject merchandise (i.e., welded line like products, Commerce will instruct Because the ITC determined that LTFV pipe and welded structural pipe) from U.S. Customs and Border Protection imports of welded structural pipe from Korea, effective the date of publication (CBP) to assess antidumping duties on Korea are materially injuring a U.S. of the ITC Final Determination in the entries of welded line pipe and welded industry,13 all unliquidated entries of Federal Register, and to assess, upon structural pipe (subject merchandise) subject merchandise from Korea, further instruction by Commerce from Korea, and not on entries of entered or withdrawn from warehouse, pursuant to section 736(a)(1) of the Act, stainless steel pipe (excluded are subject to the assessment of antidumping duties for each entry of the merchandise) from Korea. antidumping duties, as described below. subject merchandise equal to the Welded Line Pipe As a result of the ITC Final amount by which the normal value of The Final ITC Report describes Determination, in accordance with the merchandise exceeds the export welded line pipe as a tubular product section 736(a) of the Act, Commerce price (or constructed export price) of the produced from carbon and alloy steel, will direct CBP to assess, upon further merchandise. We intend to instruct CBP produced to American Petroleum instruction by Commerce, antidumping to require, at the same time as importers Institute (API) 5L specifications, and duties for all relevant entries of welded would normally deposit estimated designed for conveying liquids and structural pipe from Korea. import duties on this merchandise, cash gases.9 Because the ITC determined that Antidumping duties will be assessed on deposits for each entry of subject LTFV imports of welded line pipe from unliquidated entries of welded merchandise equal to the rates noted Korea are materially injuring a U.S. structural pipe from Korea entered, or below. These instructions suspending industry,10 all unliquidated entries of withdrawn from warehouse, for liquidation will remain in effect until subject merchandise from Korea, consumption on or after August 27, further notice. For the purpose of entered or withdrawn from warehouse, 2018, the date of publication of the determining cash deposit rates, the 14 are subject to the assessment of Preliminary Determination, but will estimated weighted average dumping antidumping duties, as described below. not be assessed on entries occurring margins for imports of subject As a result of the ITC Final after the expiration of the provisional merchandise from Korea have been Determination, in accordance with measures period, beginning on February adjusted, as appropriate, for export section 736(a) of the Act, Commerce 23, 2019, in accordance with section subsidies found in the final will direct CBP to assess, upon further 733(d) of the Act, until the date of determination of the companion instruction by Commerce, antidumping countervailing duty investigation of this 11 duties equal to the amount by which the See Large Diameter Welded Pipe from the merchandise imported from Korea. The Republic of Korea: Preliminary Determination of all-others rate applies to all other normal value of the merchandise Sales at Less Than Fair Value and Postponement of Final Determination, 83 FR 43651 (August 27, producers or exporters not specifically 8 See ITC Notification; and ITC Final 2018) (Preliminary Determination). listed. Determination. 12 See Final ITC Report at 7. 9 See Final ITC Report at 7. 13 Id. at 1 and 5. 15 See Final ITC Report at 7. 10 Id. at 1 and 5. 14 See Preliminary Determination. 16 Id. at 1–2 and 5.

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Estimated weighted- Estimated average weighted- dumping Company average margin dumping adjusted for margin subsidy (percent) offset(s) (percent) 17

Hyundai RB Co., Ltd ...... 14.97 12.86 SeAH Steel Corporation ...... 6.87 4.76 Samkang M&T Co., Ltd ...... 20.39 18.28 All Others ...... 9.19 7.08

Notifications to Interested Parties or not produced according to a particular amending its final affirmative standard. determination. This notice constitutes the Subject merchandise also includes large antidumping duty order with respect to diameter welded pipe that has been further DATES: Applicable May 2, 2019. welded line pipe and welded structural processed in a third country, including but FOR FURTHER INFORMATION CONTACT: pipe from Korea pursuant to section not limited to coating, painting, notching, Brittany Bauer at (202) 482–3860, AD/ 736(a) of the Act. Interested parties can beveling, cutting, punching, welding, or any CVD Operations, Enforcement and find a list of antidumping duty orders other processing that would not otherwise Compliance, International Trade currently in effect at http:// remove the merchandise from the scope of Administration, U.S. Department of enforcement.trade.gov/stats/ the order if performed in the country of Commerce, 1401 Constitution Avenue manufacture of the in-scope large diameter iastats1.html. NW, Washington, DC 20230. This amended final determination welded pipe. Excluded from the scope are any products SUPPLEMENTARY INFORMATION: and order is published in accordance covered by the existing antidumping duty Background with sections 735(e) and 736(a) of the order on welded line pipe from the Republic Act, and 19 CFR 351.211(b) and of Korea. See Welded Line Pipe from the On February 27, 2019, Commerce 351.224(e) and (f). Republic of Korea and the Republic of published its affirmative final Dated: April 23, 2019. Turkey: Antidumping Duty Orders, 80 FR determination in the less-than-fair-value 75056 (December 1, 2015). Jeffrey I. Kessler, (LTFV) investigation of large diameter The large diameter welded pipe that is welded pipe from Greece.1 The scope of Assistant Secretary for Enforcement and subject to this investigation is currently Compliance. the investigation in Commerce’s final classifiable in the Harmonized Tariff determination covered large diameter Appendix Schedule of the United States (HTSUS) under subheadings 7305.11.1030, 7305.11.1060, welded carbon and alloy steel line pipe Scope of the Order 7305.11.5000, 7305.12.1030, 7305.12.1060, (welded line pipe), large diameter The merchandise covered by this order is 7305.12.5000, 7305.19.1030, 7305.19.1060, welded carbon and alloy steel structural welded carbon and alloy steel pipe (other 7305.19.5000, 7305.31.4000, 7305.31.6090, pipe (welded structural pipe), and than stainless steel pipe), more than 406.4 7305.39.1000 and 7305.39.5000. While the stainless steel large diameter welded mm (16 inches) in nominal outside diameter HTSUS subheadings are provided for pipe (stainless steel pipe) from Greece.2 (large diameter welded pipe), regardless of convenience and customs purposes, the As discussed below, the ITC wall thickness, length, surface finish, grade, written description of the scope of this order subsequently found three domestic like end finish, or stenciling. Large diameter is dispositive. products covered by the scope of the welded pipe may be used to transport oil, [FR Doc. 2019–08950 Filed 5–1–19; 8:45 am] investigation (welded line pipe, welded gas, slurry, steam, or other fluids, liquids, or BILLING CODE 3510–DS–P structural pipe, and stainless steel pipe) gases. It may also be used for structural purposes, including, but not limited to, and, accordingly, made a separate injury piling. Specifically, not included is large determination with respect to each diameter welded pipe produced only to DEPARTMENT OF COMMERCE domestic like product. On April 15, specifications of the American Water Works 2019, the ITC notified Commerce of its Association (AWWA) for water and sewage International Trade Administration final determination, pursuant to 735(d) pipe. [A–484–803] of the Tariff Act of 1930, as amended Large diameter welded pipe used to (the Act), that an industry in the United transport oil, gas, or natural gas liquids is Large Diameter Welded Pipe From States is threatened with material injury normally produced to the American Petroleum Institute (API) specification 5L. Greece: Amended Final Affirmative within the meaning of section Large diameter welded pipe may also be Antidumping Determination and 735(b)(1)(A)(ii) of the Act, by reason of produced to American Society for Testing Antidumping Duty Order LTFV imports of welded line pipe from and Materials (ASTM) standards A500, A252, Greece.3 Additionally, the ITC made or A53, or other relevant domestic AGENCY: Enforcement and Compliance, specifications, grades and/or standards. Large International Trade Administration, 1 See Large Diameter Welded Pipe from Greece: diameter welded pipe can be produced to Department of Commerce. Final Determination of Sales at Less Than Fair comparable foreign specifications, grades SUMMARY: Based on affirmative final Value, 84 FR 6364 (February 27, 2019) (Final Determination). and/or standards or to proprietary determinations by the Department of specifications, grades and/or standards, or 2 Id. Commerce (Commerce) and the 3 can be non-graded material. All pipe meeting See ITC Notification Letter regarding ITC the physical description set forth above is International Trade Commission (ITC), Investigation Nos. 701–TA–595–596 and 731–TA– Commerce is issuing an antidumping 1401, 1403, and 1405–1406, dated April 15, 2019 covered by the scope of this order, whether (ITC Notification); see also Large Diameter Welded duty order on large diameter welded Pipe from Canada, Greece, Korea, and Turkey; 17 See Final Determination and accompanying carbon and alloy steel line pipe from Determinations, 84 FR 16533 (April 19, 2019) (ITC Issues and Decision Memorandum at 7. Greece. In addition, Commerce is Continued

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negligibility determinations with margins are listed in the Suspension of merchandise for all relevant entries of respect to welded structural pipe and Liquidation section below. welded line pipe from Greece. stainless steel pipe.4 Pursuant to section 736(b)(2) of the Antidumping Duty Order On April 5, 2019, Commerce released Act, duties shall be assessed on subject draft revised scope language for On April 15, 2019, in accordance with merchandise entered, or withdrawn 5 from warehouse, for consumption on or comment by parties. On April 9, 2019, sections 735(b)(1)(A)(ii) and 735(d) of after the date of publication of the ITC we received comments from the sole the Act, the ITC notified Commerce of Final Determination if that mandatory respondent in this case, its final determination in this Corinth Pipeworks Pipe Industry S.A. determination is based on the threat of investigation, in which it found that material injury, other than threat of (Corinth).6 In these comments, Corinth imports of welded line pipe from Greece requested that Commerce change an material injury described in section threaten material injury to a U.S. 736(b)(1) of the Act.12 In addition, existing scope exclusion to cover pipe industry.9 As a result, and in made to foreign water and sewage pipe section 736(b)(2) of the Act requires CBP accordance with sections 735(c)(2) and to release any bond or other security, specifications that are comparable to 736 of the Act, we are publishing this American Water Works Association and refund any cash deposit made of antidumping duty order. As noted estimated antidumping duties posted standards. Because Corinth’s proposed above, in its determination, the ITC language would broaden the existing since Commerce’s Preliminary found three domestic like products 13 exclusion, we have not adopted it. Determination. Because the ITC Final covered by the scope of the Determination with respect to welded Scope of the Order investigation: Welded line pipe, welded line pipe from Greece is based on the structural pipe, and stainless steel pipe. threat of material injury and is not The product covered by this order is The ITC found that imports of welded accompanied by a finding that injury welded line pipe from Greece. For a structural pipe and stainless steel pipe would have resulted but for the complete description of the scope of this from Greece are negligible. The ITC imposition of suspension of liquidation order, see the Appendix to this notice. made an affirmative determination with of entries since Commerce’s Preliminary Amendment to Final Determination respect to welded line pipe from Greece. Determination, section 736(b)(2) of the Because the ITC made distinct and Act is applicable. Accordingly, A ministerial error is defined as an different injury determinations for antidumping duties will be assessed on error in addition, subtraction, or other separate domestic like products, unliquidated entries of welded line pipe arithmetic function, clerical error Commerce will instruct U.S. Customs from Greece entered, or withdrawn from resulting from inaccurate copying, and Border Protection (CBP) to assess warehouse, for consumption on or after duplication, or the like, and any other the date of publication of the ITC Final similar type of unintentional error antidumping duties on entries of welded line pipe (subject merchandise) Determination in the Federal Register. which the Secretary considers Further, Commerce will direct CBP to ministerial.7 from Greece, and not on entries of welded structural pipe or stainless steel terminate the suspension of liquidation Pursuant to sections 735(e) of the Act pipe (excluded merchandise) from for entries of welded line pipe from and 19 CFR 351.224(e) and (f), Greece. Greece entered, or withdrawn from Commerce is amending the Final warehouse, for consumption prior to the Determination to reflect the correction Welded Line Pipe publication of the ITC Final of a ministerial error in the final Determination in the Federal Register. estimated weighted average dumping The Final ITC Report describes Commerce will also instruct CBP to margin calculated for Corinth. In welded line pipe as a tubular product refund any cash deposits made with addition, because Corinth’s estimated produced from carbon and alloy steel, respect to entries of welded line pipe weighted average dumping margin is the produced to American Petroleum entered, or withdrawn from warehouse, basis for the estimated weighted average Institute (API) 5L specifications, and for consumption on or after August 27, dumping margin determined for all designed for conveying liquids and 2018 (the date of publication of the other Greek producers and exporters of gases.10 Because the ITC determined Preliminary Determination), but before subject merchandise, we also are that LTFV imports of welded line pipe February 23, 2019 (the date suspension revising the ‘‘all-others’’ rate in the from Greece are threatening material of liquidation was discontinued in Final Determination.8 The amended injury to a U.S. industry,11 Commerce accordance with section 733(d) of the estimated weighted average dumping will direct CBP that unliquidated entries Act). of subject merchandise from Greece, Welded Structural Pipe Final Determination); and Large Diameter Welded entered or withdrawn from warehouse, Pipe from Canada, Greece, Korea, and Turkey, are subject to the assessment of The Final ITC Report describes Investigation Nos. 701–TA–595–596 and 731–TA– antidumping duties pursuant to section welded structural pipe as a tubular 1401, 1403, 1405–1406 (Final), Publication 4883, product produced from carbon and alloy April 2019 (Final ITC Report). 736 of the Act. Specifically, as a result 4 See ITC Notification. of the ITC Final Determination, in 12 { 5 See Memorandum, ‘‘Comments on the Scope of accordance with section 736(a) of the Section 736(b)(1) of the Act states that ‘‘ if the ITC}, in its final determination under section the Orders,’’ dated April 5, 2019. Act, Commerce will direct CBP to 735(b), finds material injury or threat of material 6 See Corinth’s Letter, ‘‘Antidumping and assess, upon further instruction by injury which, but for the suspension of liquidation Countervailing Duty Investigations of Large Commerce, antidumping duties equal to under section 733(d)(2) would have led to a finding Diameter Welded Pipe from Canada, Greece, the of material injury, then entries of the subject Republic of Korea, and the Republic of Turkey— the amount by which the normal value merchandise, the liquidation of which has been CPW/CPWA’s Comments on the Scope of the of the merchandise exceeds the export suspended under section 733(d)(2), shall be subject Orders,’’ dated April 9, 2019. price (or constructed export price) of the to the imposition of antidumping duties under 7 See section 735(e) of the Act and 19 CFR section 731.’’ 351.224(f). 13 See Large Diameter Welded Pipe from Greece: 9 8 See Memorandum, ‘‘Less-Than-Fair-Value See ITC Notification; and ITC Final Preliminary Determination of Sales at Less Than Investigation of Large Diameter Welded Pipe from Determination. Fair Value and Postponement of Final Greece: Allegation of Ministerial Errors in the Final 10 See Final ITC Report at 7. Determination, 83 FR 43640 (August 27, 2018) Determination,’’ dated April 1, 2019. 11 Id. at 1 and 5. (Preliminary Determination).

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steel, produced to American Society for Estimated excluded is large diameter welded pipe Testing and Materials (ASTM) weighted- produced only to specifications of the American Water Works Association (AWWA) specifications, and designed for support Company average 14 dumping for water and sewage pipe. in construction projects and piling. margin The large diameter welded line pipe that Because the ITC determined that (percent) is subject to this order is currently imports of welded structural pipe from classifiable in the Harmonized Tariff Greece are negligible,15 Commerce will Corinth Pipeworks Pipe In- Schedule of the United States (HTSUS) under dustry S.A ...... 10.26 subheadings 7305.11.1030, 7305.11.1060, direct CBP to terminate the suspension All Others ...... 10.26 of liquidation for entries of welded 7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060, structural pipe from Greece entered, or Notifications to Interested Parties and 7305.19.5000. Merchandise currently withdrawn from warehouse, and to classifiable under subheadings 7305.31.4000, refund all cash deposits with respect to This notice constitutes the 7305.31.6090, 7305.39.1000 and these entries pursuant to section antidumping duty order with respect to 7305.39.5000 and that otherwise meets the welded line pipe from Greece pursuant 735(c)(2) of the Act. above scope language is also covered. While to section 736(a) of the Act. Interested the HTSUS subheadings are provided for Stainless Steel Pipe parties can find a list of antidumping convenience and customs purposes, the duty orders currently in effect at http:// written description of the scope of this order The Final ITC Report describes enforcement.trade.gov/stats/ is dispositive. stainless steel pipe as being produced iastats1.html. [FR Doc. 2019–08954 Filed 5–1–19; 8:45 am] from stainless steel for its high-chrome This amended final determination BILLING CODE 3510–DS–P chemistry and corrosion-resistant and order is published in accordance properties.16 Because the ITC with sections 735(e) and 736(a) of the determined that imports of stainless Act, and 19 CFR 351.211(b) and DEPARTMENT OF COMMERCE steel pipe from Greece are negligible,17 351.224(e) and (f). International Trade Administration Commerce will direct CBP to terminate Dated: April 23, 2019. the suspension of liquidation for entries Jeffrey I. Kessler, [C–489–834] of stainless steel pipe from Greece Assistant Secretary for Enforcement and entered, or withdrawn from warehouse, Compliance. Large Diameter Welded Pipe From the and to refund all cash deposits with Republic of Turkey: Countervailing respect to these entries pursuant to Appendix—Scope of the Order Duty Order section 735(c)(2) of the Act. The merchandise covered by this order is AGENCY: Enforcement and Compliance, welded carbon and alloy steel line pipe International Trade Administration, Suspension of Liquidation (other than stainless steel pipe), more than 406.4 mm (16 inches) in nominal outside Department of Commerce. In accordance with section 736 of the diameter (large diameter welded line pipe), SUMMARY: Based on affirmative final Act, Commerce will direct CBP to regardless of wall thickness, length, surface determinations by the Department of reinstitute the suspension of liquidation finish, grade, end finish, or stenciling. Large Commerce (Commerce) and the of subject merchandise (i.e., welded line diameter welded pipe may be used to International Trade Commission (ITC), pipe) from Greece, effective the date of transport oil, gas, slurry, steam, or other Commerce is issuing a countervailing fluids, liquids, or gases. publication of the ITC Final duty order on large diameter welded Large diameter welded line pipe is used to carbon and alloy steel structural pipe Determination in the Federal Register, transport oil, gas, or natural gas liquids and and to assess, upon further instruction is normally produced to the American from the Republic of Turkey (Turkey). by Commerce pursuant to section Petroleum Institute (API) specification 5L. DATES: Applicable May 2, 2019. 736(a)(1) of the Act, antidumping duties Large diameter welded line pipe can be FOR FURTHER INFORMATION CONTACT: Ross for each entry of the subject produced to comparable foreign Belliveau at (202) 482–4952 or Ajay merchandise equal to the amount by specifications, grades and/or standards or to Menon at (202) 482–1993, AD/CVD proprietary specifications, grades and/or which the normal value of the Operations, Enforcement and standards, or can be non-graded material. All Compliance, U.S. Department of merchandise exceeds the export price line pipe meeting the physical description set (or constructed export price) of the forth above, including any dual- or multiple- Commerce, 1401 Constitution Avenue merchandise. We intend to instruct CBP certified/stenciled pipe with an API (or NW, Washington, DC 20230. to require, at the same time as importers comparable) welded line pipe certification/ SUPPLEMENTARY INFORMATION: would normally deposit estimated stencil, is covered by the scope of this order. Subject merchandise also includes large Background import duties on this merchandise, cash diameter welded line pipe that has been On February 27, 2019, Commerce deposits for each entry of subject further processed in a third country, published its affirmative final merchandise equal to the rates noted including but not limited to coating, determination in the countervailing below. These instructions suspending painting, notching, beveling, cutting, duty investigation of large diameter liquidation will remain in effect until punching, welding, or any other processing 1 that would not otherwise remove the welded pipe from Turkey. The scope of further notice. The all-others rate the investigation in Commerce’s final applies to all other producers or merchandise from the scope of the order if performed in the country of manufacture of determination covered large diameter exporters not specifically listed. the in-scope large diameter welded line pipe. welded carbon and alloy steel line pipe Excluded from the scope of this order is (welded line pipe), large diameter structural pipe, which is produced only to welded carbon and alloy steel structural American Society for Testing and Materials pipe (welded structural pipe), and (ASTM) standards A500, A252, or A53, or 14 See Final ITC Report at 7. other relevant domestic specifications, or 1 See Large Diameter Welded Pipe from the 15 Id. at 1 and 5. comparable foreign specifications, grades Republic of Turkey: Final Affirmative 16 Id. at 7. and/or standards or to proprietary Countervailing Duty Determination, 84 FR 6367 17 Id. at 1–2 and 5. specifications, grades and/or standards. Also (February 27, 2019) (Final Determination).

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stainless steel large diameter welded determination with respect to welded Preliminary Determination,11 but will pipe (stainless steel pipe) from Turkey.2 structural pipe from Turkey. Because not be assessed on entries occurring As discussed below, the ITC the ITC made distinct and different after the expiration of the provisional subsequently found three domestic like injury determinations for separate measures period, beginning on October products covered by the scope of the domestic like products, Commerce will 27, 2018, in accordance with section investigation (welded line pipe, welded instruct U.S. Customs and Border 703(d) of the Act, until the date of structural pipe, and stainless steel pipe) Protection (CBP) to assess publication of the ITC Final and, accordingly, made a separate injury countervailing duties on entries of Determination in the Federal Register. determination with respect to each welded structural pipe (subject Stainless Steel Pipe domestic like product. On April 15, merchandise) from Turkey, and not on 2019, the ITC notified Commerce of its entries of welded line pipe and stainless The Final ITC Report describes final determination, pursuant to section steel pipe (excluded merchandise) from stainless steel pipe as being produced 705(d) of the Tariff Act of 1930, as Turkey. from stainless steel for its high-chrome amended (the Act), that an industry in chemistry and corrosion-resistant the United States is materially injured Welded Line Pipe properties.12 Because the ITC within the meaning of section The Final ITC Report describes determined that subsidized imports of 705(b)(1)(A)(i) of the Act, by reason of welded line pipe as a tubular product stainless steel pipe from Turkey are 13 subsidized imports of welded structural produced from carbon and alloy steel, negligible, Commerce will direct CBP pipe from Turkey.3 Additionally, the produced to American Petroleum to terminate the suspension of ITC made a negligibility determination Institute (API) 5L specifications, and liquidation for entries of stainless steel with respect to welded line pipe and designed for conveying liquids and pipe from Turkey entered, or withdrawn 4 stainless steel pipe. Commerce released gases.7 Because the ITC determined that from warehouse, and to refund all cash draft revised scope language for subsidized imports of welded line pipe deposits with respect to these entries 5 comment by parties. No party objected from Turkey are negligible,8 Commerce pursuant to section 705(c)(2) of the Act. to the revised scope language in this will direct CBP to terminate the Suspension of Liquidation proceeding. suspension of liquidation for entries of In accordance with section 706 of the Scope of the Order welded line pipe from Turkey entered, Act, Commerce will direct CBP to or withdrawn from warehouse, and to The product covered by this order is reinstitute the suspension of liquidation welded structural pipe from Turkey. For refund all cash deposits with respect to on all relevant entries of subject a complete description of the scope of these entries pursuant to section merchandise (i.e., welded structural this order, see the Appendix to this 705(c)(2) of the Act. pipe) from Turkey, effective the date of notice. Welded Structural Pipe publication of the ITC Final Determination in the Federal Register, Countervailing Duty Order The Final ITC Report describes and to assess, upon further instruction On April 15, 2019, in accordance with welded structural pipe as a tubular by Commerce pursuant to section sections 705(b)(1)(A)(i) and 705(d) of the product produced from carbon and alloy 706(a)(1) of the Act, countervailing Act, the ITC notified Commerce of its steel, produced to American Society for duties for each entry of the subject final determination in this investigation, Testing and Materials (ASTM) merchandise in an amount based on the in which it found that imports of specifications, and designed for support net countervailable subsidy rate for the 9 welded structural pipe from Turkey are in construction projects and piling. subject merchandise. Because the net materially injuring a U.S. industry.6 As Because the ITC determined that countervailable subsidy rate for Borusan a result, and in accordance with subsidized imports of welded structural Mannesmann Boru Sanayi ve Ticaret sections 705(c)(2) and 706 of the Act, we pipe from Turkey are materially injuring A.S. (Borusan) in the Final 10 are publishing this countervailing duty a U.S. industry, all unliquidated Determination was de minimis, entries order. As noted above, in its entries of subject merchandise from of shipments of subject merchandise determination, the ITC found three Turkey, entered or withdrawn from both produced and exported by Borusan domestic like products covered by the warehouse, are subject to the assessment are not subject to suspension of scope of the investigation: Welded line of countervailing duties, pursuant to liquidation or cash deposit pipe, welded structural pipe, and section 706 of the Act, as described requirements. Entries of subject stainless steel pipe. The ITC found that below. merchandise exported to the United imports of welded line pipe and As a result of the ITC Final States by any other producer and stainless steel pipe from Turkey are Determination, in accordance with exporter combination are not entitled to negligible. The ITC made an affirmative section 706(a) of the Act, Commerce this exclusion from suspension of will direct CBP to assess, upon further liquidation and are subject to the 2 Id. instruction by Commerce, applicable cash deposit rates noted 3 See ITC Notification Letter regarding ITC Investigation Nos. 701–TA–595–596 and 731–TA– countervailing duties for all relevant below. 1401, 1403, 1405–1406, dated April 15, 2019 (ITC entries of welded structural pipe from We intend to instruct CBP to require, Notification); see also Large Diameter Welded Pipe Turkey. Countervailing duties will be at the same time as importers would from Canada, Greece, Korea and Turkey; assessed on unliquidated entries of normally deposit estimated import Determinations, 84 FR 16533 (April 19, 2019) (ITC Final Determination); and Large Diameter Welded welded structural pipe from Turkey duties on this merchandise, cash Pipe from Canada, Greece, Korea and Turkey, entered, or withdrawn from warehouse, Investigation Nos. 701–TA–595–596 and 731–TA– for consumption on or after June 29, 11 See Large Diameter Welded Pipe from the 1401, 1403, 1405–1406 (Final), Publication 4883, 2018, the date of publication of the Republic of Turkey: Preliminary Affirmative April 2019 (Final ITC Report). Countervailing Duty Determination and Alignment 4 See ITC Notification. of Final Determination with Final Antidumping 5 See Memorandum, ‘‘Comments on the Scope of 7 See Final ITC Report at 7. Determination, 83 FR 30697 (June 29, 2018) the Orders,’’ dated April 5, 2019. 8 Id. at 1 and 5. (Preliminary Determination). 6 See ITC Notification; and ITC Final 9 Id. at 7. 12 See Final ITC Report at 7. Determination. 10 Id. at 1 and 5. 13 Id. at 1–2 and 5.

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deposits for each entry of subject with an ASTM (or comparable) welded Robert Palmer at (202) 482–9068, AD/ merchandise equal to the rates noted structural pipe certification/stencil, is CVD Operations, Enforcement and below. These instructions suspending covered by the scope of this order. Compliance, U.S. Department of liquidation will remain in effect until Subject merchandise also includes large Commerce, 1401 Constitution Avenue diameter welded structural pipe that has further notice. The all-others rate been further processed in a third country, NW, Washington, DC 20230. applies to all other producers or including but not limited to coating, SUPPLEMENTARY INFORMATION: exporters not specifically listed. painting, notching, beveling, cutting, punching, welding, or any other processing Background Subsidy rate that would not otherwise remove the Company (percent) On February 27, 2019, Commerce merchandise from the scope of the order if published its affirmative final HDM Celik Boru Sanayi ve 3.72. performed in the country of manufacture of Ticaret A.S.14. the in-scope large diameter welded structural determination in the countervailing Borusan Mannesmann Boru 0.92 (de minimis). pipe. duty investigation of large diameter Sanayi ve Ticaret A.S.15. Excluded from the scope of this order is welded pipe from Korea.1 The scope of All Others ...... 3.72. line pipe which is suitable for transporting the investigation in Commerce’s final oil, gas, slurry, steam, or other fluids, liquids, determination covered large diameter Notifications to Interested Parties or gases, and is normally produced to welded carbon and alloy steel line pipe This notice constitutes the American Petroleum Institute (API) (welded line pipe), large diameter specification 5L or equivalent foreign countervailing duty order with respect specifications grades and/or standards or to welded carbon and alloy steel structural to welded structural pipe from Turkey proprietary specifications, grades and/or pipe (welded structural pipe), and pursuant to section 706(a) of the Act. standards. Also excluded from the scope are stainless steel large diameter welded Interested parties can find a list of any products covered by the existing pipe (stainless steel pipe) from Korea.2 countervailing duty orders currently in countervailing duty order on welded line As discussed below, the ITC effect at http://enforcement.trade.gov/ pipe from the Republic of Turkey. See subsequently found three domestic like stats/iastats1.html. Welded Line Pipe from the Republic of products covered by the scope of the This order is published in accordance Turkey: Countervailing Duty Order, 80 FR investigation (welded line pipe, welded with sections 705(c) and 706(a) of the 75054 (December 1, 2015). The large diameter welded structural pipe structural pipe, and stainless steel pipe) Act and 19 CFR 351.211(b). that is subject to this order is currently and, accordingly, made a separate injury Dated: April 23, 2019. classifiable in the Harmonized Tariff determination with respect to each James Maeder, Schedule of the United States (HTSUS) under domestic like product. On April 15, subheadings 7305.31.4000, 7305.31.6090, Associate Deputy Assistant Secretary for 2019, the ITC notified Commerce of its 7305.39.1000 and 7305.39.5000. Merchandise Antidumping and Countervailing Duty final determination, pursuant to section currently classifiable under subheadings Operations performing the duties of Deputy 705(d) of the Tariff Act of 1930, as 7305.11.1030, 7305.11.1060, 7305.11.5000, Assistant Secretary for Antidumping and amended (the Act), that an industry in 7305.12.1030, 7305.12.1060, 7305.12.5000, Countervailing Duty Operations. the United States is materially injured 7305.19.1030, 7305.19.1060, and within the meaning of section Appendix 7305.19.5000 and that otherwise meets the above scope language is also covered. While 705(b)(1)(A)(i) of the Act, by reason of Scope of the Order the HTSUS subheadings are provided for subsidized imports of welded line pipe The merchandise covered by this order is convenience and customs purposes, the and welded structural pipe from Korea.3 welded carbon and alloy steel structural pipe written description of the scope of this order Additionally, the ITC made a negative (other than stainless steel pipe), more than is dispositive. determination of material injury or 406.4 mm (16 inches) in nominal outside [FR Doc. 2019–08952 Filed 5–1–19; 8:45 am] threat of material injury with respect to diameter (large diameter welded structural 4 pipe), regardless of wall thickness, length, BILLING CODE 3510–DS–P stainless steel pipe. Commerce released surface finish, grade, end finish, or draft revised scope language for stenciling. Large diameter welded structural comment by parties.5 No party objected pipe may be used for structural purposes, DEPARTMENT OF COMMERCE to the revised scope language in this including, but not limited to, piling. proceeding. Specifically, not included is large diameter International Trade Administration welded pipe produced only to specifications Scope of the Order [C–580–898] of the American Water Works Association The products covered by this order (AWWA) for water and sewage pipe. Large diameter welded structural pipe may Large Diameter Welded Pipe From the are welded line pipe and welded be produced to American Society for Testing Republic of Korea: Countervailing Duty structural pipe from Korea. For a and Materials (ASTM) standards A500, A252, Order or A53, or other relevant domestic 1 See Large Diameter Welded Pipe from the AGENCY: specifications, grades and/or standards. Large Enforcement and Compliance, Republic of Korea: Final Affirmative Countervailing diameter welded structural pipe can be International Trade Administration, Duty Determination, 84 FR 6369 (February 27, produced to comparable foreign Department of Commerce. 2019) (Final Determination). specifications, grades and/or standards or to SUMMARY: Based on affirmative final 2 Id. proprietary specifications, grades and/or determinations by the Department of 3 See ITC Notification Letter regarding ITC Investigation Nos. 701–TA–595–596 and 731–TA– standards, or can be non-graded material. All Commerce (Commerce) and the structural pipe meeting the physical 1401, 1403, 1405–1406, dated April 15, 2019 (ITC International Trade Commission (ITC), Notification); see also Large Diameter Welded Pipe description set forth above, including any from Canada, Greece, Korea, and Turkey; dual- or multiple-certified/stenciled pipe Commerce is issuing a countervailing duty order on large diameter welded Determinations, 84 FR 16533 (April 19, 2019) (ITC Final Determination); and Large Diameter Welded 14 Commerce found the following company to be carbon and alloy steel line and Pipe from Canada, Greece, Korea, and Turkey cross-owned with HDM Celik: HDM Spiral Kaynakli structural pipe from the Republic of Investigation Nos. 701–TA–595–596 and 731–TA– Celik Boru A.S. Korea (Korea). 1401, 1403, 1405–1406 (Final), Publication 4883, 15 April 2019 (Final ITC Report). Commerce found the following companies to be DATES: Applicable May 2, 2019. cross-owned with Borusan: Borusan Mannesmann 4 See ITC Notification. Boru Yatirim Holding A.S. and Borusan Holding FOR FURTHER INFORMATION CONTACT: 5 See Memorandum, ‘‘Comments on the Scope of A.S. George Ayache at (202) 482–2623 or the Orders,’’ dated April 5, 2019.

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complete description of the scope of this after June 29, 2018, the date of reason of subsidized imports of stainless order, see the Appendix to this notice. publication of the Preliminary steel pipe from Korea,14 Commerce will Determination,9 but will not be assessed Countervailing Duty Order direct CBP to terminate the suspension on entries occurring after the expiration of liquidation for entries of stainless On April 15, 2019, in accordance with of the provisional measures period, steel pipe from Korea entered, or sections 705(b)(1)(A)(i) and 705(d) of the beginning on October 27, 2018, in withdrawn from warehouse, and to Act, the ITC notified Commerce of its accordance with section 703(d) of the refund all cash deposits with respect to final determination in this investigation, Act, until the date of publication of the these entries pursuant to section in which it found that imports of ITC Final Determination in the Federal 705(c)(2) of the Act. welded line pipe and welded structural Register. pipe from Korea are materially injuring Suspension of Liquidation a U.S. industry.6 As a result, and in Welded Structural Pipe accordance with sections 705(c)(2) and The Final ITC Report describes In accordance with section 706 of the 706 of the Act, we are publishing this welded structural pipe as a tubular Act, Commerce will direct CBP to countervailing duty order. As noted product produced from carbon and alloy reinstitute the suspension of liquidation above, in its determination, the ITC steel, produced to American Society for on all relevant entries of subject found three domestic like products Testing and Materials (ASTM) merchandise (i.e., welded line pipe and covered by the scope of the specifications, and designed for support welded structural pipe) from Korea, investigation: Welded line pipe, welded in construction projects and piling.10 effective the date of publication of the structural pipe, and stainless steel pipe. Because the ITC determined that ITC Final Determination in the Federal The ITC made a negative determination subsidized imports of welded structural Register, and to assess, upon further with respect to stainless steel pipe from pipe from Korea are materially injuring instruction by Commerce pursuant to Korea. The ITC made an affirmative a U.S. industry,11 all unliquidated section 706(a)(1) of the Act, determination with respect to welded entries of subject merchandise from countervailing duties for each entry of line pipe and welded structural pipe Korea, entered or withdrawn from the subject merchandise in an amount from Korea. Because the ITC made warehouse, are subject to the assessment based on the net countervailable distinct and different injury of countervailing duties, pursuant to subsidy rate for the subject determinations for separate domestic section 706 of the Act, as described merchandise. Because the net like products, Commerce will instruct below. countervailable subsidy rate for Husteel U.S. Customs and Border Protection As a result of the ITC Final Co., Ltd. (Husteel) and Hyundai Steel (CBP) to assess countervailing duties on Determination, in accordance with Company (Hyundai Steel) in the Final entries of welded line pipe and welded section 706(a) of the Act, Commerce Determination was de minimis, entries structural pipe (subject merchandise) will direct CBP to assess, upon further from Korea, and not on entries of instruction by Commerce, of shipments of subject merchandise stainless steel pipe (excluded countervailing duties for all relevant both produced and exported by Husteel 15 merchandise) from Korea. entries of welded structural pipe from and Hyundai Steel are not subject to Korea. Countervailing duties will be suspension of liquidation or cash Welded Line Pipe assessed on unliquidated entries of deposit requirements. Entries of subject The Final ITC Report describes welded structural pipe from Korea merchandise exported to the United welded line pipe as a tubular product entered, or withdrawn from warehouse, States by any other producer and produced from carbon and alloy steel, for consumption on or after June 29, exporter combination are not entitled to produced to American Petroleum 2018, the date of publication of the this exclusion from suspension of Institute (API) 5L specifications, and Preliminary Determination,12 but will liquidation and are subject to the designed for conveying liquids and not be assessed on entries occurring applicable cash deposit rates noted gases.7 Because the ITC determined that after the expiration of the provisional below. subsidized imports of welded line pipe measures period, beginning on October We intend to instruct CBP to require, from Korea are materially injuring a U.S. 27, 2018, in accordance with section at the same time as importers would industry,8 all unliquidated entries of 703(d) of the Act, until the date of normally deposit estimated import subject merchandise from Korea, publication of the ITC Final duties on this merchandise, cash entered or withdrawn from warehouse, Determination in the Federal Register. are subject to the assessment of deposits for each entry of subject countervailing duties, as described Stainless Steel Pipe merchandise equal to the rates noted below. The Final ITC Report describes below. These instructions suspending As a result of the ITC Final stainless steel pipe as being produced liquidation will remain in effect until Determination, in accordance with from stainless steel for its high-chrome further notice. The all-others rate section 706(a) of the Act, Commerce chemistry and corrosion-resistant applies to all other producers or will direct CBP to assess, upon further properties.13 Because the ITC made a exporters not specifically listed. instruction by Commerce, negative determination of material countervailing duties for all relevant injury or threat of material injury by entries of welded line pipe from Korea. 14 Id. at 1–2 and 5. 9 Countervailing duties will be assessed See Large Diameter Welded Pipe from the 15 For Hyundai Steel, entries of shipments of on unliquidated entries of welded line Republic of Korea: Preliminary Affirmative subject merchandise produced and exported by Countervailing Duty Determination and Alignment Hyundai Steel and/or entries of shipments of pipe from Korea entered, or withdrawn of Final Determination with Final Antidumping from warehouse, for consumption on or subject merchandise produced by Hyundai Steel Duty Determination, 83 FR 30693 (June 29, 2018) and exported by Hyundai Corporation, an (Preliminary Determination). unaffiliated trading company for Hyundai Steel, are 10 6 See ITC Notification; and ITC Final See Final ITC Report at 7. not subject to suspension of liquidation or cash Determination. 11 Id. at 1 and 5. deposit requirements. See Final Determination and 7 See Final ITC Report at 7. 12 See Preliminary Determination. accompanying Issues and Decision Memorandum at 8 Id. at 1 and 5. 13 See Final ITC Report at 7. 12.

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Subsidy rate other processing that would not otherwise As discussed below, the ITC Company (percent) remove the merchandise from the scope of subsequently found three domestic like the order if performed in the country of products covered by the scope of the Husteel Co., Ltd ...... * 0.01 manufacture of the in-scope large diameter investigation (welded line pipe, welded 16 welded pipe. Hyundai Steel Company ... * 0.44 structural pipe, and stainless steel pipe) SeAH Steel Corporation 17 ... 27.42 The large diameter welded pipe that is All Others ...... 9.29 subject to this order is currently classifiable and, accordingly, made a separate injury in the Harmonized Tariff Schedule of the determination with respect to each *(de minimis) United States (HTSUS) under subheadings domestic like product. On April 15, Notifications to Interested Parties 7305.11.1030, 7305.11.1060, 7305.11.5000, 2019, the ITC notified Commerce of its 7305.12.1030, 7305.12.1060, 7305.12.5000, final determination, pursuant to 735(d) This notice constitutes the 7305.19.1030, 7305.19.1060, 7305.19.5000, of the Tariff Act of 1930, as amended countervailing duty order with respect 7305.31.4000, 7305.31.6090, 7305.39.1000 (the Act), that an industry in the United to welded line pipe and welded and 7305.39.5000. While the HTSUS States is materially injured within the subheadings are provided for convenience structural pipe from Korea pursuant to meaning of section 735(b)(1)(A)(i) of the section 706(a) of the Act. Interested and customs purposes, the written description of the scope of this order is Act, by reason of LTFV imports of parties can find a list of countervailing dispositive. welded line pipe and welded structural duty orders currently in effect at http:// 3 [FR Doc. 2019–08951 Filed 5–1–19; 8:45 am] pipe from Canada. Additionally, the enforcement.trade.gov/stats/ ITC made a negative determination of BILLING CODE 3510–DS–P iastats1.html. material injury or threat of material This order is published in accordance injury with respect to stainless steel with sections 705(c) and 706(a) of the 4 DEPARTMENT OF COMMERCE pipe. Commerce released draft revised Act and 19 CFR 351.211(b). scope language for comment by parties.5 Dated: April 23, 2019. International Trade Administration No party objected to the revised scope Jeffrey I. Kessler, language in this proceeding. [A–122–863] Assistant Secretary for Enforcement and Scope of the Order Compliance. Large Diameter Welded Pipe From The products covered by this order Canada: Antidumping Duty Order Appendix are welded line pipe and welded Scope of the Order AGENCY: Enforcement and Compliance, structural pipe from Canada. For a The merchandise covered by this order is International Trade Administration, complete description of the scope of this welded carbon and alloy steel pipe (other Department of Commerce. order, see the Appendix to this notice. than stainless steel pipe), more than 406.4 SUMMARY: Based on affirmative final Antidumping Duty Order mm (16 inches) in nominal outside diameter determinations by the Department of (large diameter welded pipe), regardless of Commerce (Commerce) and the On April 15, 2019, in accordance with wall thickness, length, surface finish, grade, sections 735(b)(1)(A)(i) and 735(d) of the International Trade Commission (ITC), end finish, or stenciling. Large diameter Act, the ITC notified Commerce of its Commerce is issuing an antidumping welded pipe may be used to transport oil, final determination in this investigation, duty order on large diameter welded gas, slurry, steam, or other fluids, liquids, or in which it found that imports of carbon and alloy steel line and gases. It may also be used for structural welded line pipe and welded structural purposes, including, but not limited to, structural pipe from Canada. piling. Specifically, not included is large pipe from Canada are materially DATES: Applicable May 2, 2019. 6 diameter welded pipe produced only to injuring a U.S. industry. As a result, FOR FURTHER INFORMATION CONTACT: specifications of the American Water Works and in accordance with sections Association (AWWA) for water and sewage Susan S. Pulongbarit at (202) 482–4031 735(c)(2) and 736 of the Act, we are pipe. or Annathea Cook at (202) 482–0250, publishing this antidumping duty order. Large diameter welded pipe used to AD/CVD Operations, Enforcement and As noted above, in its determination, transport oil, gas, or natural gas liquids is Compliance, U.S. Department of the ITC found three domestic like normally produced to the American Commerce, 1401 Constitution Avenue products covered by the scope of the Petroleum Institute (API) specification 5L. NW, Washington, DC 20230. investigation: Welded line pipe, welded Large diameter welded pipe may also be SUPPLEMENTARY INFORMATION: produced to American Society for Testing structural pipe, and stainless steel pipe. The ITC made a negative determination and Materials (ASTM) standards A500, A252, Background or A53, or other relevant domestic with respect to stainless steel pipe from specifications, grades and/or standards. Large On February 27, 2019, Commerce Canada. The ITC made an affirmative diameter welded pipe can be produced to published its affirmative final determination with respect to welded comparable foreign specifications, grades determination in the less-than-fair-value line pipe and welded structural pipe and/or standards or to proprietary (LTFV) investigation of large diameter from Canada. Because the ITC made specifications, grades and/or standards, or welded pipe from Canada.1 The scope of can be non-graded material. All pipe meeting the investigation in Commerce’s final 3 See ITC Notification Letter regarding ITC the physical description set forth above is determination covered large diameter Investigation Nos. 701–TA–595–596 and 731–TA– covered by the scope of this order, whether welded carbon and alloy steel line pipe 1401, 1403, 1405–1406, dated April 15, 2019 (ITC or not produced according to a particular Notification); see also Large Diameter Welded Pipe standard. (welded line pipe), large diameter from Canada, Greece, Korea, and Turkey; Subject merchandise also includes large welded carbon and alloy steel structural Determinations, 84 FR 16533 (April 19, 2019) (ITC diameter welded pipe that has been further pipe (welded structural pipe), and Final Determination); and Large Diameter Welded processed in a third country, including but stainless steel large diameter welded Pipe from Canada, Greece, Korea, and Turkey, Investigation Nos. 701–TA–595–596 and 731–TA– 2 not limited to coating, painting, notching, pipe (stainless steel pipe) from Canada. 1401, 1403, 1405–1406 (Final), Publication 4883, beveling, cutting, punching, welding, or any April 2019 (Final ITC Report). 1 See Large Diameter Welded Pipe from Canada: 4 See ITC Notification. 16 Id. Final Affirmative Determination of Sales at Less 5 See Memorandum, ‘‘Comments on the Scope of 17 Commerce found the following company to be Than Fair Value, 84 FR 6378 (February 27, 2019) the Orders,’’ dated April 5, 2019. cross-owned with SeAH Steel: ESAB SeAH (Final Determination). 6 See ITC Notification; and ITC Final Corporation. 2 Id. Determination.

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distinct and different injury imports of welded structural pipe from to require, at the same time as importers determinations for separate domestic Canada are materially injuring a U.S. would normally deposit estimated like products, Commerce will instruct industry,11 all unliquidated entries of import duties on this merchandise, cash U.S. Customs and Border Protection subject merchandise from Canada, deposits for each entry of subject (CBP) to assess antidumping duties on entered or withdrawn from warehouse, merchandise equal to the rates noted entries of welded line pipe and welded are subject to the assessment of below. These instructions suspending structural pipe (subject merchandise) antidumping duties, as described below. liquidation will remain in effect until from Canada, and not on entries of As a result of the ITC Final further notice. The all-others rate stainless steel pipe (excluded Determination, in accordance with applies to all other producers or merchandise) from Canada. section 736(a) of the Act, Commerce exporters not specifically listed. will direct CBP to assess, upon further Welded Line Pipe instruction by Commerce, antidumping Estimated The Final ITC Report describes duties for all relevant entries of welded weighted-aver- Company age dumping welded line pipe as a tubular product structural pipe from Canada. margin produced from carbon and alloy steel, Antidumping duties will be assessed on (percent) produced to American Petroleum unliquidated entries of welded Institute (API) 5L specifications, and structural pipe from Canada entered, or Evraz Inc. NA 15 ...... 12.32 designed for conveying liquids and withdrawn from warehouse, for All Others ...... 12.32 gases.7 Because the ITC determined that consumption on or after August 27, LTFV imports of welded line pipe from 2018, the date of publication of the Notifications to Interested Parties Canada are materially injuring a U.S. Preliminary Determination,12 but will This notice constitutes the industry,8 all unliquidated entries of not be assessed on entries occurring antidumping duty order with respect to subject merchandise from Canada, after the expiration of the provisional welded line pipe and welded structural entered or withdrawn from warehouse, measures period, beginning on February pipe from Canada pursuant to section are subject to the assessment of 23, 2019, in accordance with section 736(a) of the Act. Interested parties can antidumping duties, as described below. 733(d) of the Act, until the date of find a list of antidumping duty orders As a result of the ITC Final publication of the ITC Final currently in effect at http:// Determination, in accordance with Determination in the Federal Register. enforcement.trade.gov/stats/ section 736(a) of the Act, Commerce Stainless Steel Pipe iastats1.html. will direct CBP to assess, upon further This order is published in accordance instruction by Commerce, antidumping The Final ITC Report describes with sections 735(c) and 736(a) of the duties equal to the amount by which the stainless steel pipe as being produced Act and 19 CFR 351.211(b). normal value of the merchandise from stainless steel for its high-chrome exceeds the export price (or constructed chemistry and corrosion-resistant Dated: April 23, 2019. export price) of the merchandise for all properties.13 Because the ITC made a Jeffrey I. Kessler, relevant entries of welded line pipe negative determination of material Assistant Secretary for Enforcement and from Canada. Antidumping duties will injury or threat of material injury by Compliance. be assessed on unliquidated entries of reason of LTFV imports of stainless steel Appendix welded line pipe from Canada entered, pipe from Canada,14 Commerce will Scope of the Order or withdrawn from warehouse, for direct CBP to terminate the suspension consumption on or after August 27, of liquidation for entries of stainless The merchandise covered by this order is 2018, the date of publication of the steel pipe from Canada entered, or welded carbon and alloy steel pipe (other 9 than stainless steel pipe), more than 406.4 Preliminary Determination, but will withdrawn from warehouse, and to mm (16 inches) in nominal outside diameter not be assessed on entries occurring refund all cash deposits with respect to (large diameter welded pipe), regardless of after the expiration of the provisional these entries pursuant to section wall thickness, length, surface finish, grade, measures period, beginning on February 735(c)(2) of the Act. end finish, or stenciling. Large diameter 23, 2019, in accordance with section welded pipe may be used to transport oil, Suspension of Liquidation 733(d) of the Act, until the date of gas, slurry, steam, or other fluids, liquids, or publication of the ITC Final In accordance with section 736 of the gases. It may also be used for structural Determination in the Federal Register. Act, Commerce will direct CBP to purposes, including, but not limited to, reinstitute the suspension of liquidation piling. Specifically, not included is large Welded Structural Pipe of subject merchandise (i.e., welded line diameter welded pipe produced only to The Final ITC Report describes pipe and welded structural pipe) from specifications of the American Water Works Association (AWWA) for water and sewage welded structural pipe as a tubular Canada, effective the date of publication pipe. product produced from carbon and alloy of the ITC Final Determination in the Large diameter welded pipe used to steel, produced to American Society for Federal Register, and to assess, upon transport oil, gas, or natural gas liquids is Testing and Materials (ASTM) further instruction by Commerce normally produced to the American specifications, and designed for support pursuant to section 736(a)(1) of the Act, Petroleum Institute (API) specification 5L. in construction projects and piling.10 antidumping duties for each entry of the Large diameter welded pipe may also be Because the ITC determined that LTFV subject merchandise equal to the produced to American Society for Testing amount by which the normal value of and Materials (ASTM) standards A500, A252, or A53, or other relevant domestic 7 See Final ITC Report at 7. the merchandise exceeds the export specifications, grades and/or standards. Large 8 Id. at 1 and 5. price (or constructed export price) of the diameter welded pipe can be produced to 9 See Large Diameter Welded Pipe from Canada: merchandise. We intend to instruct CBP Preliminary Determination of Sales at Less Than comparable foreign specifications, grades Fair Value, Postponement of Final Determination 11 and Extension of Provisional Measures, 83 FR Id. at 1 and 5. 15 Consistent with the Final Determination, we 43649 (August 27, 2018) (Preliminary 12 See Preliminary Determination. continue to treat Evraz Inc. NA, Evraz Inc. NA Determination). 13 See Final ITC Report at 7. Canada, and the Canadian National Steel 10 See Final ITC Report at 7. 14 Id. at 1–2 and 5. Corporation as a single entity.

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and/or standards or to proprietary All deadlines for the submission of respondent selection phase of this specifications, grades and/or standards, or various types of information, review and will not collapse companies can be non-graded material. All pipe meeting certifications, or comments or actions by at the respondent selection phase unless the physical description set forth above is Commerce discussed below refer to the there has been a determination to covered by the scope of this order, whether number of calendar days from the collapse certain companies in a or not produced according to a particular standard. applicable starting time. previous segment of this antidumping proceeding (e.g., investigation, Subject merchandise also includes large Notice of No Sales diameter welded pipe that has been further administrative review, new shipper processed in a third country, including but If a producer or exporter named in review or changed circumstances not limited to coating, painting, notching, this notice of initiation had no exports, review). For any company subject to this beveling, cutting, punching, welding, or any sales, or entries during the period of review, if Commerce determined, or other processing that would not otherwise review (POR), it must notify Commerce continued to treat, that company as remove the merchandise from the scope of within 30 days of publication of this collapsed with others, Commerce will the order if performed in the country of notice in the Federal Register. All assume that such companies continue to manufacture of the in-scope large diameter submissions must be filed electronically operate in the same manner and will welded pipe. at http://access.trade.gov in accordance collapse them for respondent selection The large diameter welded pipe that is with 19 CFR 351.303.1 Such subject to this order is currently classifiable purposes. Otherwise, Commerce will in the Harmonized Tariff Schedule of the submissions are subject to verification not collapse companies for purposes of United States (HTSUS) under subheadings in accordance with section 782(i) of the respondent selection. Parties are 7305.11.1030, 7305.11.1060, 7305.11.5000, Tariff Act of 1930, as amended (the Act). requested to (a) identify which 7305.12.1030, 7305.12.1060, 7305.12.5000, Further, in accordance with 19 CFR companies subject to review previously 7305.19.1030, 7305.19.1060, 7305.19.5000, 351.303(f)(1)(i), a copy must be served were collapsed, and (b) provide a 7305.31.4000, 7305.31.6090, 7305.39.1000 on every party on Commerce’s service citation to the proceeding in which they and 7305.39.5000. While the HTSUS list. were collapsed. Further, if companies subheadings are provided for convenience and customs purposes, the written Respondent Selection are requested to complete the Quantity description of the scope of this order is and Value (Q&V) Questionnaire for In the event Commerce limits the purposes of respondent selection, in dispositive. number of respondents for individual general each company must report [FR Doc. 2019–08955 Filed 5–1–19; 8:45 am] examination for administrative reviews volume and value data separately for BILLING CODE 3510–DS–P initiated pursuant to requests made for itself. Parties should not include data the orders identified below, Commerce for any other party, even if they believe intends to select respondents based on they should be treated as a single entity DEPARTMENT OF COMMERCE U.S. Customs and Border Protection with that other party. If a company was (CBP) data for U.S. imports during the collapsed with another company or International Trade Administration POR. We intend to place the CBP data companies in the most recently on the record within five days of Initiation of Antidumping and completed segment of this proceeding publication of the initiation notice and Countervailing Duty Administrative where Commerce considered collapsing Reviews to make our decision regarding respondent selection within 30 days of that entity, complete Q&V data for that collapsed entity must be submitted. AGENCY: Enforcement and Compliance, publication of the initiation Federal International Trade Administration, Register notice. Comments regarding the Deadline for Withdrawal of Request for Department of Commerce. CBP data and respondent selection Administrative Review SUMMARY: The Department of Commerce should be submitted within seven days Pursuant to 19 CFR 351.213(d)(1), a (Commerce) has received requests to after the placement of the CBP data on party that has requested a review may conduct administrative reviews of the record of this review. Parties withdraw that request within 90 days of various antidumping and countervailing wishing to submit rebuttal comments the date of publication of the notice of duty orders and findings with February should submit those comments within initiation of the requested review. The five days after the deadline for the anniversary dates. In accordance with regulation provides that Commerce may initial comments. Commerce’s regulations, we are extend this time if it is reasonable to do In the event Commerce decides it is initiating those administrative reviews. necessary to limit individual so. Determinations by Commerce to DATES: Applicable May 2, 2019. examination of respondents and extend the 90-day deadline will be made on a case-by-case basis. FOR FURTHER INFORMATION CONTACT: conduct respondent selection under Brenda E. Brown, Office of AD/CVD section 777A(c)(2) of the Act: Deadline for Particular Market Operations, Customs Liaison Unit, In general, Commerce has found that Situation Allegation determinations concerning whether Enforcement and Compliance, Section 504 of the Trade Preferences particular companies should be International Trade Administration, Extension Act of 2015 amended the Act ‘‘collapsed’’ (e.g., treated as a single U.S. Department of Commerce, 1401 by adding the concept of particular entity for purposes of calculating Constitution Avenue NW, Washington, market situation (PMS) for purposes of antidumping duty rates) require a DC 20230, telephone: (202) 482–4735. constructed value under section 773(e) substantial amount of detailed SUPPLEMENTARY INFORMATION: of the Act.2 Section 773(e) of the Act information and analysis, which often Background require follow-up questions and states that ‘‘if a particular market situation exists such that the cost of Commerce has received timely analysis. Accordingly, Commerce will not conduct collapsing analyses at the materials and fabrication or other requests, in accordance with 19 CFR processing of any kind does not 351.213(b), for administrative reviews of 1 accurately reflect the cost of production various antidumping and countervailing See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; duty orders and findings with February Administrative Protective Order Procedures, 76 FR 2 See Trade Preferences Extension Act of 2015, anniversary dates. 39263 (July 6, 2011). Public Law 114–27, 129 Stat. 362 (2015).

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in the ordinary course of trade, the activities to be entitled to a separate rate in this proceeding. In addition, administering authority may use rate, Commerce analyzes each entity companies that received a separate rate another calculation methodology under exporting the subject merchandise. In in a completed segment of the this subtitle or any other calculation accordance with the separate rates proceeding that have subsequently methodology.’’ When an interested criteria, Commerce assigns separate made changes, including, but not party submits a PMS allegation pursuant rates to companies in NME cases only limited to, changes to corporate to section 773(e) of the Act, Commerce if respondents can demonstrate the structure, acquisitions of new will respond to such a submission absence of both de jure and de facto companies or facilities, or changes to consistent with 19 CFR 351.301(c)(2)(v). government control over export their official company name,4 should If Commerce finds that a PMS exists activities. timely file a Separate Rate Application under section 773(e) of the Act, then it All firms listed below that wish to to demonstrate eligibility for a separate will modify its dumping calculations qualify for separate rate status in the rate in this proceeding. The Separate appropriately. administrative reviews involving NME Rate Status Application will be Neither section 773(e) of the Act nor countries must complete, as available on Commerce’s website at 19 CFR 351.301(c)(2)(v) set a deadline appropriate, either a separate rate http://enforcement.trade.gov/nme/nme- for the submission of PMS allegations application or certification, as described sep-rate.html on the date of publication and supporting factual information. below. For these administrative reviews, of this Federal Register notice. In However, in order to administer section in order to demonstrate separate rate responding to the Separate Rate Status 773(e) of the Act, Commerce must eligibility, Commerce requires entities Application, refer to the instructions receive PMS allegations and supporting for whom a review was requested, that contained in the application. Separate factual information with enough time to were assigned a separate rate in the Rate Status Applications are due to consider the submission. Thus, should most recent segment of this proceeding Commerce no later than 30 calendar an interested party wish to submit a in which they participated, to certify days of publication of this Federal PMS allegation and supporting new that they continue to meet the criteria Register notice. The deadline and factual information pursuant to section for obtaining a separate rate. The requirement for submitting a Separate 773(e) of the Act, it must do so no later Separate Rate Certification form will be Rate Status Application applies equally than 20 days after submission of initial available on Commerce’s website at to NME-owned firms, wholly foreign- responses to section D of the http://enforcement.trade.gov/nme/nme- owned firms, and foreign sellers that questionnaire. sep-rate.html on the date of publication purchase and export subject of this Federal Register notice. In merchandise to the United States. Separate Rates responding to the certification, please In proceedings involving non-market follow the ‘‘Instructions for Filing the For exporters and producers who economy (NME) countries, Commerce Certification’’ in the Separate Rate submit a separate-rate status application begins with a rebuttable presumption Certification. Separate Rate or certification and subsequently are that all companies within the country Certifications are due to Commerce no selected as mandatory respondents, are subject to government control and, later than 30 calendar days after these exporters and producers will no thus, should be assigned a single publication of this Federal Register longer be eligible for separate rate status antidumping duty deposit rate. It is notice. The deadline and requirement unless they respond to all parts of the Commerce’s policy to assign all for submitting a Certification applies questionnaire as mandatory exporters of merchandise subject to an equally to NME-owned firms, wholly respondents. administrative review in an NME foreign-owned firms, and foreign sellers Initiation of Reviews: In accordance country this single rate unless an who purchase and export subject with 19 CFR 351.221(c)(1)(i), we are exporter can demonstrate that it is merchandise to the United States. initiating administrative reviews of the sufficiently independent so as to be Entities that currently do not have a following antidumping and entitled to a separate rate. separate rate from a completed segment countervailing duty orders and findings. To establish whether a firm is of the proceeding 3 should timely file a We intend to issue the final results of sufficiently independent from Separate Rate Application to these reviews not later than February government control of its export demonstrate eligibility for a separate 29, 2020.

Period to be reviewed

Antidumping Duty Proceedings MEXICO: Large Residential Washers, A–201–842 ...... 2/1/18–1/31/19 Electrolux Home Products de Mexico, S.A. de C.V. Electrolux Home Products Corp. NV. INDIA: Certain Frozen Warmwater Shrimp, A–533–840 ...... 2/1/18–1/31/19 Abad Fisheries. Akshay Food Impex Private Limited. Alashore Marine Exports (P) Ltd. Albys Agro Private Limited. Allana Frozen Foods Pvt. Ltd. Allanasons Ltd. Alpha Marine. Amarsagar Seafoods Private Limited. AMI Enterprises. Amulya Seafoods.

3 Such entities include entities that have not shipper review, etc.) and entities that lost their 4 Only changes to the official company name, participated in the proceeding, entities that were separate rate in the most recently completed rather than trade names, need to be addressed via preliminarily granted a separate rate in any segment of the proceeding in which they a Separate Rate Application. Information regarding currently incomplete segment of the proceeding participated. new trade names may be submitted via a Separate (e.g., an ongoing administrative review, new Rate Certification.

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Period to be reviewed

Ananda Aqua Applications/Ananda Aqua Exports (P) Limited/Ananda Foods.5 Ananda Enterprises (India) Private Limited. Anatha Seafoods Private Limited. Angelique International Ltd. Anjaneya Seafoods. Apex Frozen Foods Private Limited.6 Aquatica Frozen Foods Global Pvt. Ltd. Arya Sea Foods Private Limited. Asvini Exports. Asvini Fisheries Ltd/Asvini Fisheries Private Ltd.7 Avanti Frozen Foods Private Limited.8 Ayshwarya Seafood Private Limited. B R Traders. Baby Marine Eastern Exports. Baby Marine Exports. Baby Marine International. Baby Marine Sarass. Baby Marine Ventures. Belasore Marine Exports Private Limited. Bell Exim Private Limited (Bell Foods (Marine Division). Bell Exim Pvt. Ltd. Bhatsons Aquatic Products. Bhavani Seafoods. Bijaya Marine Products. Blue Fin Frozen Foods Pvt. Ltd. Blue Water Foods & Exports P. Ltd. Bluepark Seafoods Pvt. Ltd. BMR Exports. BMR Industries Private Limited. B-One Business House Pvt. Ltd. Britto Seafood Exports Pvt Ltd. C.P. Aquaculture (India) Pvt. Ltd. Calcutta Seafoods Pvt. Ltd./Bay Seafood Pvt. Ltd./Elque & Co.9 Canaan Marine Products. Capithan Exporting Co. Cargomar Private Limited. Castlerock Fisheries Ltd. Chakri Fisheries Private Limited. Chemmeens (Regd). Cherukattu Industries (Marine Div). Choice Trading Corporation Pvt. Ltd. Coastal Aqua. Coastal Aqua Private Limited.10 Coastal Corporation Ltd. Cochin Frozen Food Exports Pvt. Ltd. Continental Fisheries India Private Limited. Coreline Exports. Corlim Marine Exports Pvt. Ltd. Crystal Sea Foods Private Limited. D2 D Logistics Private Limited. Damco India Private. Delsea Exports Pvt. Ltd. Devi Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods/Devi Aquatech Private Limited.11 Devi Marine Food Exports Private Ltd/Kader Exports Private Limited/Kader Investment and Trading Company Private Limited/Liberty Frozen Foods Pvt. Ltd./Liberty Oil Mills Ltd/Premier Marine Products Private Limited/Universal Cold Storage Private Limited.12 Devi Sea Foods Limited.13 Diamond Seafoods Exports/Edhayam Frozen Foods Pvt. Ltd/Kadalkanny Frozen Foods/Theva & Company.14 Entel Food Products Private Limited. Esmario Export Enterprises. Everblue Sea Foods Private Limited. Exporter Coreline Exports. Falcon Marine Exports Limited/KR Enterprises.15 Febin Marine Foods. Five Star Marine Exports Private Limited. Forstar Frozen Foods Pvt. Ltd. Fouress Food Products Private Limited. Frontline Exports Pvt. Ltd. G A Randerian Ltd. Gadre Marine Exports. Galaxy Maritech Exports P. Ltd. Geo Aquatic Products (P) Ltd. Geo Seafoods. Goodwill Enterprises. Grandtrust Overseas (P) Ltd. Green House Agro Products. Growel Processors Private Limited. GVR Exports Pvt. Ltd. Hari Marine Private Limited. Haripriya Marine Export Pvt. Ltd. Harmony Spices Pvt. Ltd. HIC ABF Special Foods Pvt. Ltd. Hindustan Lever, Ltd. Hiravata Ice & Cold Storage.

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Period to be reviewed

Hiravati Exports Pvt. Ltd. Hiravati International Pvt. Ltd. (located at APM-Mafco Yard, Sector-18, Vashi, Navi, Mumbai-400 705, India). Hiravati International Pvt. Ltd. (located at Jawar Naka, Porbandar, Gujarat, 360 575, India). Hiravati Marine Products Private Limited. HN Indigos Private Limited. Hyson Logistics and Marine Exports Private Limited. IFB Agro Industries Limited. Indian Aquatic Products. Indo Aquatics. Indo Fisheries. Indo French Shellfish Company Private Limited. Innovative Foods Limited. International Freezefish Exports. Interseas. ITC Limited, International Business. ITC Ltd. Jagadeesh Marine Exports. Jayalakshmi Sea Foods Pvt. Ltd. Jinny Marine Traders. Jiya Packagings. K V Marine Exports. Kalyan Aqua & Marine Exp. India Pvt. Ltd. Kalyanee Marine. Kanch Ghar. Karunya Marine Exports Private Limited. Kaushalya Aqua Marine Product Exports Pvt. Ltd. Kay Kay Exports. Kings Marine Products. KNC Agro Pvt. Ltd. Koluthara Exports Ltd. Landauer Ltd. Libran Cold Storages (P) Ltd. Magnum Export. Magnum Sea Foods Limited/Magnum Estates Limited.16 Malabar Arabian Fisheries. Malnad Exports Pvt. Ltd. Mangala Marine Exim India Pvt. Ltd. Mangala Sea Products. Mangala Seafoods. Marine Harvest India. Meenaxi Fisheries Pvt. Ltd. Megaa Moda Pvt. Ltd. Milesh Marine Exports Private Limited. Milsha Agro Exports Private Limited. Monsun Foods Pvt. Ltd. Mourya Aquex Pvt. Ltd. MTR Foods. Munnangi Seafoods (Pvt) Ltd. N.C. John & Sons (P) Ltd. Naga Hanuman Fish Packers. Naik Frozen Foods. Naik Oceanic Exports Pvt. Ltd./Rafiq Naik Exports Pvt. Ltd.17 Naik Seafoods Ltd. Neeli Aqua Private Limited. Nekkanti Sea Foods Limited. Nezami Rekha Sea Foods Private Limited. Nila Sea Foods Exports. Nila Sea Foods Pvt. Ltd. Nine Up Frozen Foods. Nutrient Marine Foods Limited. Oceanic Edibles International Limited. Paragon Sea Foods Pvt. Ltd. Paramount Seafoods. Parayil Food Products Pvt., Ltd. Pasupati Aquatics Private Limited. Penver Products (P) Ltd. Pesca Marine Products Pvt., Ltd. Pijikay International Exports P Ltd. Pisces Seafoods International. Pravesh Seafood Private Limited. Premier Exports International. Premier Marine Foods. Premier Seafoods Exim (P) Ltd. R F Exports. R V R Marine Products Limited. Raa Systems Pvt. Ltd. Raju Exports. Ram’s Assorted Cold Storage Ltd. Raunaq Ice & Cold Storage. Raysons Aquatics Pvt. Ltd. Razban Seafoods Ltd. RBT Exports. RDR Exports.

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Period to be reviewed

RF Exports Private Limited. Riviera Exports Pvt. Ltd. Rohi Marine Private Ltd. Royal Imports and Exports. Royale Marine Impex Private Limited. RSA Marines. S & S Seafoods. S Chanchala Combines. SA Exports. Safa Enterprises. Sagar Foods. Sagar Grandhi Exports Pvt. Ltd. Sagar Samrat Seafoods. Sagravihar Fisheries Pvt. Ltd. Sai Marine Exports Pvt. Ltd. Sai Sea Foods. Salvam Exports (P) Ltd. Samaki Exports Private Limited. Sanchita Marine Products P Limited. Sandhya Aqua Exports. Sandhya Aqua Exports Pvt. Ltd. Sandhya Marines Limited. Santhi Fisheries & Exports Ltd. Sarveshwari Exp. Sea Foods Private Limited. Sea Gold Overseas Pvt. Ltd. Selvam Exports Private Limited. Sharat Industries Ltd. Sharma Industries. Shimpo Exports Private Limited. Shimpo Seafoods Private Limited. Shiva Frozen Food Exp. Pvt. Ltd. Shree Datt Aquaculture Farms Pvt. Ltd. Shroff Processed Food & Cold Storage P Ltd. Silver Seafood. Sita Marine Exports. Southern Tropical Foods Pvt. Ltd. Sowmya Agri Marine Exports. Sprint Exports Pvt. Ltd. Sri Sakkthi Cold Storage. Sri Venkata Padmavathi Marine Foods Pvt. Ltd. Srikanth International.18 SSF Ltd. Star Agro Marine Exports Private Limited. Star Organic Foods Incorporated. Star Organic Foods Private Limited. Stellar Marine Foods Private Limited. Sterling Foods. Sun Agro Exim. Sun-Bio Technology Ltd. Sunrise Aqua Food Exports.19 Supran Exim Private Limited. Suryamitra Exim (P) Ltd. Suvarna Rekha Exports Private Limited. Suvarna Rekha Marine P Ltd. TBR Exports Pvt Ltd. Teekay Marine P. Ltd. The Waterbase Limited. Triveni Fisheries P. Ltd. U & Company Marine Exports. Ulka Sea Foods Private Limited. Uniroyal Marine Exports Ltd. Unitriveni Overseas. V V Marine Products. V.S Exim Pvt Ltd. Vasai Frozen Food Co. Vasista Marine. Veejay Impex. Veerabhadra Exports Private Limited. Veronica Marine Exports Private Limited. Victoria Marine & Agro Exports Ltd. Vinner Marine. Vitality Aquaculture Pvt. Ltd. VRC Marine Foods LLP. Wellcome Fisheries Limited. West Coast Fine Foods (India) Private Limited. West Coast Frozen Foods Private Limited. Z A Sea Foods Pvt. Ltd. Zeal Aqua Limited. INDIA: Stainless Steel Bar, A–533–810 ...... 2/1/18–1/31/19 Ambica Steels Limited. Hindustan Inox Ltd. Jindal Stainless Hisar Ltd.

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Period to be reviewed

Precision Metals. Sieves Manufacturers (India) Pvt. Ltd. Venus Group. Venus Wire Industries Pvt. Ltd. ITALY: Stainless Steel Butt-Weld Pipe Fittings, A–475–828...... 2/1/18–1/31/19 Filmag Italia, SpA. MALAYSIA: Stainless Steel Butt-Weld Pipe Fittings, A–557–809 ...... 2/1/18—1/31/19 Pantech Stainless & Alloy Industries Sdn. Bhd. S.P. United Industry Sdn. Bhd. TSS Pipes Fittings Industries Sdn. Bhd. (also known as TSS Pipe & Fittings Industry Sdn. Bhd.). REPUBLIC OF KOREA: Certain Cut-To-Length Carbon-Quality Steel Plate, A–580–836 2/1/18–1/31/19 BDP International. Dongkuk Steel Mill Co., Ltd. Hyundai Steel Company. Sung Jin Steel Co., Ltd. REPUBLIC OF KOREA: Large Residential Washers, A–580–868 ...... 2/1/18–1/31/19 LG Electronics, Inc. SOCIALIST REPUBLIC OF VIETNAM: Certain Frozen Warmwater Shrimp,20 A–552–802 ...... 2/1/18–1/31/19 A & CDN Foods Co., Ltd. Amanda Seafood Co., Ltd. An Huy B.T Co. Ltd. Anh Koa Seafood. Anh Minh Quan Joint Stock Company. Asia Food Stuffs Import Export Co., Ltd. Au Vung One Seafood Processing Import & Export Joint Stock Company. Au Vung Two Seafood Processing Import & Export Joint Stock Company. B.O.P Company Limited. B.O.P. Limited Co. Bac Lieu Fisheries Joint Stock Company. Bac Lieu Fisheries Joint Stock Company (‘‘Bac Lieu Fis’’). Bac Lieu Fisheries Joint Stock Company (Bac Lieu Fis). Bac Lieu Fisheries JSC. Ben Tre Forestry and Aquaproduct Import-Export Joint Stock Company (FAQUIMEX). Ben Tre Forestry and Aquaproduct Import-Export Joint Stock Company (‘‘Faquimex’’). Bentre Aquaproduct Import & Export Joint Stock Company (Aquatex Bentre). Bentre Aquaproduct Import & Export Joint Stock Company. Bien Dong Seafood Co., Ltd. BIM Foods Joint Stock Company. BIM Seafood Joint Stock Company. Binh Dong Fisheries Joint Stock Company. Binh Thuan Import–Export Joint Stock Company (THAIMEX). C.P. Vietnam Corporation. Ca Mau Agricultural Products and Foodstuff Imp-Exp Joint Stock Company (Agrimexco Camau). Ca Mau Frozen Seafood Joint Stock Company (‘‘Seaprimexco Vietnam’’). Ca Mau Seafood Joint Stock Company (‘‘Seaprimexco Vietnam’’). Ca Mau Seafood Joint Stock Company (Seaprimexco Vietnam). Cadovimex Seafood Import-Export and Processing Joint Stock Company. Cadovimex Seafood Import-Export and Processing Joint Stock Company (‘‘Cadovimex’’). Cadovimex Seafood Import-Export and Processing Joint Stock Company (Cadovimex). Cafatex Corporation. Cai Doi Vam Seafood Import-Export Co. (‘‘CADOVIMEX’’). Cam Ranh Seafoods. Camau Frozen Seafood Processing Import Export Corporation (Camimex). Camau Frozen Seafood Processing Import-Export Corporation (‘‘Camimex’’). Camau Seafood and Service Joint Stock Company (‘‘CASES’’). Camau Seafood and Service Joint Stock Company (Cases). Camau Seafood Processing and Service Joint Stock Corporation (and its affiliates, Kien Giang Branch—Camau Seafood Processing & Service Joint Stock Corporation, collectively ‘‘CASES’’). Camau Seafood Processing and Service Joint Stock Corporation (Cases). Camau Seafood Processing and Service Joint-Stock Corporation, Kien Giang Branch. Can Tho Import Export Fishery Limited Company (‘‘CAFISH’’). Can Tho Import Export Fishery Limited Company (CAFISH). Cholimex Food Joint Stock Company. CJ Cau Tre Foods Joint Stock Company. CJ Freshway (FIDES Food System Co., Ltd.). Coastal Fisheries Development Corporation (‘‘COFIDEC’’). Cong Ty Tnhh Thong Thuan (Thong Thuan). Cty Tnhh Anh Khoa Seafood. Cuulong Seaproducts Company (‘‘Cuu Long Seapro’’). Cuulong Seaproducts Company (‘‘Cuulong Seapro’’). Cuulong Seaproducts Company (Cuu Long Seapro). Cuulong Seaproducts Company (Cuulong Seapro). Danang Seaproducts Import-Export Corporation (SEADANANG). Dong Do Profo., Ltd. Dong Hai Seafood Limited Company. Dong Phuong Seafood Co., Ltd. Duc Cuong Seafood Trading Co., Ltd. Fimex VN. Fine Foods Company (FFC). Fine Foods Company (FFC) (Ca Mau Foods & Fishery Export Joint Stock Company). Frozen Seafoods Factory No.32. Gallant Dachan Seafood Co., Ltd. Gallant Ocean (Vietnam) Co., Ltd.

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Period to be reviewed

Gallant Ocean Viet Nam Co. Ltd. Green Farms Joint Stock Company. Green Farms Seafood Joint Stock Company. Green Farms Seafoods Joint Stock Company. Ha Cat A International Co., Ltd. Hai Viet Corporation (‘‘HAVICO’’). Hai Viet Corporation (HAVICO). Hanh An Trading Service Co., Ltd. Hanoi Seaproducts Import & Export Joint Stock Corporation (Seaprodex Hanoi). Hoa Trung Seafood Corporation (HSC). Hoang Phuong Seafood Factory. Hong Ngoc Seafood Co., Ltd. Hung Bang Co., Ltd. HungHau Agricultural Joint Stock Company. Huynh Huong Seafood Processing. Huynh Huong Trading and Import-Export Joint Stock Company. Investment Commerce Fisheries Corporation (‘‘Incomfish’’). Investment Commerce Fisheries Corporation (Incomfish). JK Fish Co., Ltd. Kaiyo Seafood Joint Stock Company. Khai Minh Trading Investment Corporation. Khanh Hoa Seafoods Exporting Company (KHASPEXCO). Khanh Sung Co., Ltd. Khanh Sung Co., Ltd (‘‘Khanh Sung’’). Khanh Sung Company, Ltd, (‘‘Khanh Sung’’). Kim Anh Co., Ltd. Kim Anh Co., Ltd. (‘‘Kim Anh’’). Kim Anh Company Limited. Lam Son Import-Export Foodstuff Company Limited (Lamson Fimexco). Lam Son Import-Export Foodstuffs Corporation. Long Toan Frozen Aquatic Products Joint Stock Company. Minh Bach Seafood Company (Minh Binh Seafood Foods Co., Ltd.). Minh Bach Seafood Company Limited. Minh Cuong Seafood Import Export Processing Joint Stock Company (‘‘MC Seafood’’). Minh Cuong Seafood Import-Export Processing (‘‘MC Seafood’’). Minh Hai Export Frozen Seafood Processing Joint-Stock Company (‘‘Minh Hai Jostoco’’). Minh Hai Export Frozen Seafood Processing Joint-Stock Company (Minh Hai Jostoco). Minh Hai Joint-Stock Seafoods Processing Company. Minh Hai Joint-Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’). Minh Hai Joint-Stock Seafoods Processing Company (Seaprodex Minh Hai). Minh Phu Seafood Corporation.21 My Son Seafoods Factory. Nam Hai Foodstuff and Export Company Ltd. Namcan Seaproducts Import Export Joint Stock Company (Seanamico). New Generation Seafood Joint Stock Company. New Generation Seafood Joint Stock Company (‘‘New Generation’’). New Wind Seafood Co., Ltd. NGO BROS Seaproducts Import-Export One Member Company Limited (‘‘NGO BROS Company’’). Ngo Bros Seaproducts Import-Export One Member Company Limited (‘‘Ngo Bros. Co., Ltd.’’). Ngo Bros Seaproducts Import-Export One Member Company Limited (Ngo Bros). NGO BROS Seaproducts Import-Export One Member Company Limited (NGO BROS). Ngoc Tri Seafood Joint Stock Company. Ngoc Tri Seafood Joint Stock Company (‘‘Ngoc Tri’’). Nha Trang Fisheries Joint Stock Company. Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’). Nha Trang Seafoods. Nha Trang Seaproduct Company. Nha Trang Seaproduct Company (and its affiliates NT Seafoods Corporation, Nha Trang Seafoods—F.89 Joint Stock Company, NTSF Sea- foods Joint Stock Company (collectively ‘‘Nha Trang Seafoods Group’’). Nha Trang Seaproduct Company (Nha Trang Seafoods Group). NT Seafoods Corporation. NTSF Seafoods Joint Stock Company. Nhat Duc Co., Ltd. Nigico Co., Ltd. Phu Cuong Jostoco Corp. Phu Cuong Jostoco Seafood Corporation. Phu Minh Hung Seafood Joint Stock Company. Phuong Nam Foodstuff Corp. Phuong Nam Foodstuff Corp., Ltd. QNL One Member Co., Ltd. QNL One Member Co., Ltd. (‘‘QNL’’). Quang Minh Seafood Co., Ltd. Quang Minh Seafood Co., Ltd. (‘‘Quang Minh’’). Quoc Ai Seafood Processing Import Export Co., Ltd. Quoc Toan Seafood Processing Factory (Quoc Toan PTE). Quoc Viet Seaproducts Processing Trade and Import-Export Co., Ltd. (‘‘Quoc Viet Co. Ltd.’’). Quoc Viet Seaproducts Processing Trade and Import-Export Co., Ltd. (Quoc Viet Co., Ltd.). Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd. Quy Nhon Frozen Seafoods Joint Stock Company. Saigon Aquatic Product Trading Joint Stock Company (APT Co.). Saigon Food Joint Stock Company. Sao Ta Foods Joint Stock Company. Sao Ta Foods Joint Stock Company (‘‘FIMEX VN’’) (and its factory ‘‘Sao Ta Seafoods Factory’’).

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Period to be reviewed

Sao Ta Foods Joint Stock Company (FIMEX VN). Sao Ta Seafood Factory. Sea Minh Hai. Seafood Joint Stock Company No.4. Seafoods and Foodstuff Factory. Seaprimexco Vietnam. Seaprodex Minh Hai. Seavina Joint Stock Co. Seavina Joint Stock Company. Soc Trang Seafood Joint Stock Company (STAPIMEX). Soc Trang Seafood Joint Stock Company (‘‘STAPIMEX’’). South Ha Tinh Seaproducts Import-Export Joint Stock Company. Special Aquatic Products Joint Stock Company (SEASPIMEX VIETNAM). T & P Seafood Company Limited. Tacvan Frozen Seafood Processing Export Company. Tacvan Frozen Seafood Processing Export Company (Tacvan Seafoods Co.). Tacvan Seafoods Company (‘‘TACVAN’’). Tacvan Seafoods Company (TACVAN). Tai Kim Anh Seafood Joint Stock Corporation. Tai Kim Anh Seafood Joint Stock Corporation (‘‘TAIKA Seafood Corporation’’). Tai Kim Anh Seafood Joint Stock Corporation (TAIKA Seafood Corporation). Tai Nguyen Seafood Co., Ltd. Taika Seafood Corporation. Tan Phong Phu Seafood Co., Ltd. (‘‘TPP Co., Ltd.’’). Tan Phong Phu Seafood Co., Ltd. (TPP Co. Ltd.). Tan Thanh Loi Frozen Food Co., Ltd. Taydo Seafood Enterprise. Thanh Doan Sea Products Import & Export Processing Joint Stock Company Thadimexco. Thanh Doan Sea Products Import & Export Processing Joint-Stock Company (THADIMEXCO). Thien Phu Export Seafood Processing Company Limited. Thinh Hung Co., Ltd. Thong Thuan—Cam Ranh Seafood Joint Stock Company. Thong Thuan Cam Ranh Seafood Joint Stock Company (‘‘T&T Cam Ranh’’). Thong Thuan Cam Ranh Seafood Joint Stock Company (T&T Cam Ranh). Thong Thuan Company Limited. Thong Thuan Company Limited (‘‘T&T’’). Thong Thuan Company Limited (T&T). Thong Thuan Seafood Company Limited. Thong Thuan—Cam Ranh Seafood Joint Stock Company (T&T Cam Ranh). Thuan Phuoc Seafoods and Trading Corporation. Thuan Phuoc Seafoods and Trading Corporation (‘‘Thuan Phuoc Corp’’). Thuan Phuoc Seafoods and Trading Corporation and its separate factories Frozen Seafoods Factory No. 32, Seafoods and Foodstuff Fac- tory, and My Son Seafoods Factory (collectively ‘‘Thuan Phuoc Corp.’’). Trang Corporation (Vietnam). Trang Khan Seafood Co., Ltd. Trang Khanh Seafood Co., Ltd. Trang Khanh Seafood Company Limited. Trong Nhan Seafood Co., Ltd. (‘‘Trong Nhan’’). Trong Nhan Seafood Co., Ltd. (Trong Nhan). Trong Nhan Seafood Company Limited. Trung Son Seafood Processing Joint Stock Company. UTXI Aquatic Products Processing Company. UTXI Aquatic Products Processing Company (UTXICO). UTXI Aquatic Products Processing Corporation (‘‘UTXICO’’) (and its branch Hoang Phuong Seafood Factory and Hoang Phong Seafood Factory). UTXI Aquatic Products Processing Corporation (UTXICO). Viet Asia Foods Co., Ltd. Viet Foods Co., Ltd. Viet Foods Co., Ltd. (‘‘Viet Foods’’). Viet Foods Co., Ltd. (Viet Foods). Viet Hai Seafood Co., Ltd. Viet Hai Seafood Co., Ltd. (Viet Fish One Co., Ltd.). Viet Hai Seafood Co., Ltd. aka Vietnam Fish One Co., Ltd. (‘‘Fish One’’). Viet I-Mei Frozen Foods Co. Ltd (‘‘Viet I-Mei’’). Viet I-Mei Frozen Foods Co., Ltd. Viet Nam Seaproducts—Joint Stock Company. Viet Phu Foods and Fish Corp. Viet Shrimp Export Processing Joint Stock Company. Vietnam Clean Seafood Corporation (‘‘Vina Cleanfood’’). Vietnam Clean Seafood Corporation (Vina Cleanfood). Vietnam Fish One Co., Ltd. Vietnam Fish-One Co., Ltd. Vinh Hoan Corp. Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho. SOCIALIST REPUBLIC OF VIETNAM: Utility Scale Wind Towers, A–552–814 ...... 2/1/18–1/31/19 CS Wind Corporation.22 UBI Tower Sole Member Company Ltd. Vina Halla Heavy Industries Ltd. TAIWAN: Crystalline Silicon Photovoltaic Products, A–583–853 ...... 2/1/18–1/31/19 AU Optronics Corporation. Baoding Jiasheng Photovoltaic Technology Co. Ltd. Baoding Tianwei Yingli New Energy Resources Co., Ltd. Beijing Tianneng Yingli New Energy Resources Co. Ltd.

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Period to be reviewed

Boviet Solar Technology Co., Ltd. Canadian Solar Inc. Canadian Solar International Limited. Canadian Solar International, Ltd. Canadian Solar Manufacturing (Changshu), Inc. Canadian Solar Manufacturing (Luoyang), Inc. Canadian Solar Solution Inc. Canadian Solar Solutions Inc. EEPV CORP. EEPV Corp. E-TON Solar Tech. Co., Ltd. Gintech Energy Corporation. Hainan Yingli New Energy Resources Co., Ltd. Hengshui Yingli New Energy Resources Co., Ltd. Inventec Energy Corporation. Inventec Solar Energy Corporation. KOOTATU Tech. Corp. Kyocera Mexicana S.A. de C.V. Lixian Yingli New Energy Resources Co., Ltd. Lof Solar Corp. Mega Sunergy Co., Ltd. Ming Hwei Energy Co., Ltd. Motech Industries, Inc. Neo Solar Power Corporation. Shenzhen Yingli New Energy Resources Co., Ltd. Sino-American Silicon Products Inc. Solartech Energy Corporation. Sunengine Corporation Ltd. Sunrise Global Solar Energy. Tianjin Yingli New Energy Resources Co., Ltd. TSEC Corporation. United Renewable Energy Co., Ltd. Vina Solar Technology Co., Ltd. Win Win Precision Technology Co., Ltd. Yingli Energy (China) Co., Ltd. Yingli Green Energy International Trading Company Limited. THAILAND: Frozen Warmwater Shrimp, A–549–822 ...... 2/1/18–1/31/19 A Foods 1991 Co., Limited/May Ao Foods Co., Ltd.23 A.Wattanachai Frozen Products Co., Ltd. A.P. Frozen Foods Co., Ltd. A.S. Intermarine Foods Co., Ltd. ACU Transport Co., Ltd. Ampai Frozen Food Co., Ltd. Anglo-Siam Seafoods Co., Ltd. Apex Maritime (Thailand) Co., Ltd. Apitoon Enterprise Industry Co., Ltd. Applied DB. Asia Pacific (Thailand) Co., Ltd. Asian Alliance International Co., Ltd. Asian Seafoods Coldstorage (Sriracha). Asian Seafoods Coldstorage (Suratthani) Co., Limited. Asian Seafoods Coldstorage PLC. Asian Seafoods Coldstorage Public Co. Ltd. Assoc. Commercial Systems. B.S.A. Food Products Co., Ltd. Bangkok Dehydrated Marine Product Co., Ltd. Bright Sea Co., Ltd. C P MDSE. C Y Frozen Food Co., Ltd. C.P. Intertrade Co. Ltd. Calsonic Kansei (Thailand) Co., Ltd. Century Industries Co., Ltd. Chaivaree Marine Products Co., Ltd. Charoen Pokphand Petrochemical Co., Ltd. Chonburi LC. Chue Eie Mong Eak Ltd. Part. Commonwealth Trading Co, Ltd. Core Seafood Processing Co., Ltd. CP Merchandising Co., Ltd./Charoen Pokphand Foods Public Co., Ltd.24 CP Retailing and Marketing Co., Ltd. CPF Food Products Co., Ltd. Crystal Frozen Foods Co., Ltd. Crystal Seafood. Daedong (Thailand) Co., Ltd. Daiei Taigen (Thailand) Co., Ltd. Daiho (Thailand) Co., Ltd. Dynamic Intertransport Co., Ltd. Earth Food Manufacturing Co., Ltd. F.A.I.T. Corporation Limited. Far East Cold Storage Co., Ltd. Findus (Thailand) Ltd. Fortune Frozen Foods (Thailand) Co., Ltd. Frozen Marine Products Co., Ltd.

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Period to be reviewed

Gallant Ocean (Thailand) Co., Ltd. Gallant Seafoods Corporation. Global Maharaja Co., Ltd. Golden Sea Frozen Foods Co., Ltd. Golden Seafood International Co., Ltd. Golden Thai Imp. & Exp. Co., Ltd. Good Fortune Cold Storage Ltd. Good Luck Product Co., Ltd. Grobest Frozen Foods Co., Ltd. Gulf Coast Crab Intl. H.A.M. International Co., Ltd. Haitai Seafood Co., Ltd. Handy International (Thailand) Co., Ltd. Heng Seafood Limited Partnership. Heritrade Co., Ltd. HIC (Thailand) Co., Ltd. High Way International Co., Ltd. I.S.A. Value Co., Ltd. I.T. Foods Industries Co., Ltd. Inter-Oceanic Resources Co., Ltd. Inter Pacific Marine Products Co., Ltd. K & U Enterprise Co., Ltd. K Fresh. K.D. Trading Co., Ltd. K.L. Cold Storage Co., Ltd. KF Foods Ltd. Kiang Huat Sea Gull Trading Frozen Food Public Co., Ltd. Kibun Trdg. Kingfisher Holdings Limited/KF Foods Limited.25 Kitchens of The Oceans (Thailand) Ltd. Klang Co., Ltd. Kongphop Frozen Foods Co., Ltd. Lee Heng Seafood Co., Ltd. Leo Transports. Li-Thai Frozen Foods Co., Ltd. Lucky Union Foods Co., Ltd. Magnate & Syndicate Co., Ltd. Mahachai Food Processing Co., Ltd. Mahachai Marine Foods Co., Ltd. Marine Gold Products Ltd.26 Merit Asia Foodstuff Co., Ltd. Merkur Co., Ltd. Ming Chao Ind Thailand. N&N Foods Co., Ltd. N.R. Instant Produce Co., Ltd. Namprik Maesri Ltd. Part. Narong Seafood Co., Ltd. Nongmon SMJ Products. Ongkorn Cold Storage Co., Ltd/Thai-Ger Marine Co.27 Pacific Fish Processing Co., Ltd. Pacific Queen Co., Ltd. Pakpanang Coldstorage Public Co., Ltd. Penta Impex Co., Ltd. Pinwood Nineteen Ninety Nine. Piti Seafood Co., Ltd. Premier Frozen Products Co., Ltd. Preserved Food Specialty Co., Ltd. Queen Marine Food Co., Ltd. Rayong Coldstorage (1987) Co., Ltd. S&D Marine Products Co., Ltd. S&P Aquarium. S&P Syndicate Public Company Ltd. S. Chaivaree Cold Storage Co., Ltd. S. Khonkaen Food Industry Public Co., Ltd. S.K. Foods (Thailand) Public Co., Limited. S2K Marine Product Co., Ltd. Samui Foods Company Limited. SB Inter Food Co., Ltd. SCT Co., Ltd. Sea Bonanza Food Co., Ltd. SEA NT’L CO., LTD. Seafresh Industry Public Co., Ltd./Seafresh Fisheries.28 Seafoods Enterprise Co., Ltd. Search and Serve. Sethachon Co., Ltd. Shianlin Bangkok Co., Ltd. Shing Fu Seaproducts Development Co. Siam Food Supply Co., Ltd. Siam Haitian Frozen Food Co., Ltd. Siam Intersea Co., Ltd. Siam Marine Products Co., Ltd. Siam Ocean Frozen Foods Co., Ltd. Siam Union Frozen Foods.

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Period to be reviewed

Siamchai International Food Co., Ltd. Smile Heart Foods. SMP Food Product Co., Ltd. Southport Seafood. Star Frozen Foods Co., Ltd. Starfoods Industries Co., Ltd. STC Foodpak Ltd. Suntechthai Intertrading Co., Ltd. Surapon Foods Public Co., Ltd./Surat Seafoods Public Co., Ltd.29 Surapon Nichirei Foods Co., Ltd. Suratthani Marine Products Co., Ltd. Suree Interfoods Co., Ltd. T.S.F. Seafood Co., Ltd. Tep Kinsho Foods Co., Ltd. Teppitak Seafood Co., Ltd. Tey Seng Cold Storage Co., Ltd./Chaiwarut Co., Ltd.30 Thai Agri Foods Public Co., Ltd. Thai Hanjin Logistics Co., Ltd. Thai Mahachai Seafood Products Co., Ltd. Thai Ocean Venture Co., Ltd. Thai Pak Exports Co., Ltd. Thai Patana Frozen. Thai Prawn Culture Center Co., Ltd. Thai Royal Frozen Food Co., Ltd. Thai Spring Fish Co., Ltd. Thai Union Group Public Co. Ltd./Thai Union Seafood Co., Ltd./Pakfood Public Co., Ltd./Asia Pacific (Thailand) Co., Ltd./Chaophraya Cold Storage Co., Ltd./Okeanos Co., Ltd./Okeanos Food Co., Ltd./Taksin Samut Co., Ltd.31 Thai Union Manufacturing Company Limited. Thai World Import and Export Co., Ltd. Thai Yoo Ltd., Part. The Siam Union Frozen Foods Co., Ltd. The Union Frozen Products Co., Ltd/Bright Sea Co., Ltd.32 Top Product Food Co., Ltd. Trang Seafood Products Public Co., Ltd. Transamut Food Co., Ltd. Tung Lieng Tradg. United Cold Storage Co., Ltd. V Thai Food Product. Wann Fisheries Co., Ltd. Xian-Ning Seafood Co., Ltd. Yeenin Frozen Foods Co., Ltd. ZAFCO TRDG. THE PEOPLE’S REPUBLIC OF CHINA: Certain Frozen Warmwater Shrimp, A–570–893 ...... 2/1/18–1/31/19 Allied Pacific (HK) Co., Ltd.33. Allied Pacific Aquatic Products (Zhanjiang) Co., Ltd. Allied Pacific Food (Dalian) Co., Ltd. Asian Seafoods (Zhanjiang) Co., Ltd. Beihai Anbang Seafood Co., Ltd. Beihai Boston Frozen Food Co., Ltd. Beihai Tianwei Aquatic Food Co. Ltd. Changli Luquan Aquatic Products Co., Ltd. Dalian Beauty Seafood Company Ltd. Dalian Haiqing Food Co., Ltd. Dalian Hengtai Foods Co., Ltd. Dalian Home Sea International Trading Co., Ltd. Dalian Rich Enterprise Group Co., Ltd. Dalian Philica Supply Chain Management Co., Ltd. Dalian Shanhai Seafood Co., Ltd. Dalian Sunrise Foodstuffs Co., Ltd. Dalian Taiyang Aquatic Products Co., Ltd. Dandong Taihong Foodstuff Co., Ltd. Dongwei Aquatic Products (Zhangzhou) Co., Ltd. Food Processing Co., Ltd. Fujian Chaohui Aquatic Food Co., Ltd. Fujian Chaohui Group. Fujian Chaohui International Trading Co., Ltd. Fujian Dongshan County Shunfa Aquatic Product Co., Ltd. Fujian Dongwei Food Co., Ltd. Fujian Dongya Aquatic Products Co., Ltd. Fujian Fuding Seagull Fishing Food Co., Ltd. Fujian Hainason Trading Co., Ltd. Fujian Haohui Import & Export Co., Ltd. Fujian Hongao Trade Development Co. Fujian R & J Group Ltd. Fujian Rongjiang Import and Export Co., Ltd. Fujian Zhaoan Haili Aquatic Co., Ltd. Fuqing Chaohui Aquatic Food Co., Ltd. Fuqing Dongwei Aquatic Products Ind. Fuqing Dongwei Aquatic Products Industry Co., Ltd. Fuqing Longhua Aquatic Food Co., Ltd. Fuqing Minhua Trade Co., Ltd. Fuqing Yihua Aquatic Food Co., Ltd. Gallant Ocean Group.

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Period to be reviewed

Guangdong Foodstuffs Import & Export (Group) Corporation. Guangdong Gourmet Aquatic Products Co., Ltd. Guangdong Jinhang Food Co., Ltd. Guangdong Rainbow Aquatic Development. Guangdong Universal Aquatic Food Co. Ltd. Guangdong Wanshida Holding Corp. Guangdong Wanya Foods Fty. Co., Ltd. HaiLi Aquatic Product Co., Ltd. Zhaoan Fujian. Hainan Brich Aquatic Products Co., Ltd. Hainan Golden Spring Foods Co., Ltd. Huazhou Xinhai Aquatic Products Co. Ltd. Leizhou Bei Bu Wan Sea Products Co., Ltd. Longhai Gelin Foods Co., Ltd. Maoming Xinzhou Seafood Co., Ltd. New Continent Foods Co., Ltd. North Seafood Group Co. Penglai Huiyang Foodstuff Co., Ltd. Penglai Yuming Foodstuff Co., Ltd. Qingdao Fusheng Foodstuffs Co., Ltd. Qingdao Yihexing Foods Co., Ltd. Qinhuangdao Gangwan Aquatic Products Co., Ltd. Rizhao Meijia Keyuan Foods Co. Ltd. Rizhao Rongxing Co. Ltd. Rizhao Smart Foods Company Limited. Rongcheng Yinhai Aquatic Product Co., Ltd. Rushan Chunjiangyuan Foodstuffs Co. Rushan Chunjiangyuan Foodstuffs Co., Ltd. Savvy Seafood Inc. Shanghai Zhoulian Foods Co., Ltd. Shantou Freezing Aquatic Product Foodstuffs Co. Shantou Jiazhou Food Industrial Co., Ltd. Shantou Jintai Aquatic Product Industrial Co., Ltd. Shantou Longsheng Aquatic Product Foodstuff Co., Ltd. Shantou Ocean Best Seafood Corporation. Shantou Red Garden Food Processing Co., Ltd. Shantou Red Garden Foodstuff Co., Ltd.34 Shantou Ruiyuan Industry Co., Ltd. Shantou Wanya Foods Fty. Co., Ltd. Shantou Yuexing Enterprise Company. Suizhong Tieshan Food Co., Ltd. Thai Royal Frozen Food Zhanjiang Co., Ltd. Xiamen Granda Import and Export Co., Ltd. Yangjiang Dawu Aquatic Products Co., Ltd. Yangjiang Guolian Seafood Co., Ltd. Yangjiang Haina Datong Trading Co. Yantai Wei Cheng Food Co., Ltd. Yantai Wei-Cheng Food Co., Ltd. Zhangzhou Donghao Seafoods Co., Ltd. Zhangzhou Xinhui Foods Co., Ltd. Zhangzhou Xinwanya Aquatic Product Co., Ltd. Zhangzhou Yanfeng Aquatic Product & Foodstuff Co., Ltd. Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd. Zhanjiang Fuchang Aquatic Products Freezing Plant. Zhanjiang Guolian Aquatic Products Co., Ltd.35 Zhanjiang Longwei Aquatic Products Industry Co., Ltd. Zhanjiang Newpro Foods Co., Ltd. Zhanjiang Regal Integrated Marine Resources Co., Ltd.36 Zhanjiang Universal Seafood Corp. Zhaoan Yangli Aquatic Co., Ltd. Zhejiang Xinwang Foodstuffs Co., Ltd. Zhoushan Genho Food Co., Ltd. Zhoushan Green Food Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Crystalline Silicon Photovoltaic Products, A–570–010 ...... 2/1/18–1/31/19 BYD (Shangluo) Industrial Co., Ltd. Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd./Yangcheng Trina Solar Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co., Ltd. Chint Solar (Zhejiang) Co., Ltd. Hefei JA Solar Technology Co., Ltd. Perlight Solar Co., Ltd. Shanghai BYD Co., Ltd. Shenzhen Letsolar Technology Co., Ltd. Shenzhen Portable Electronic Technology Co., Ltd. Shenzhen Sungold Solar Co., Ltd. Sol-lite Manufacturing Company Limited. Sunny Apex DeveloPment Ltd. Wuxi Suntech Power Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Multilayered Wood Flooring, A–570–970 ...... 12/1/17–11/30/18 Armstrong Wood Products (Kunshan) Co., Ltd.37 Dunhua City Jisen Wood Industry Co., Ltd.38 Fine Furniture (Shanghai) Limited and Double F Limited.39 Baroque Timber Industries (Zhongshan) Co., Ltd.40 Dalian Guhua Wooden Product Co., Ltd. Dalian Huilong Wooden Products Co., Ltd.

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Period to be reviewed

Fusong Qianqiu Wooden Product Co., Ltd. Hangzhou Hanje Tec Company Limited. Jiafeng Wood (Suzhou) Co., Ltd. Power Dekor Group Co., Ltd. Scholar Home (Shanghai) New Material Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Small Diameter Graphite Electrodes, A–570–929 ...... 2/1/18–1/31/19 5-Continent Imp. & Exp. Co., Ltd. Acclcarbon Co., Ltd. Allied Carbon (China) Co., Limited. Anssen Metallurgy Group Co., Ltd. (aka AMGL). Apex Maritime (Dalian) Co., Ltd. Asahi Fine Carbon (Dalian) Co., Ltd. Assi Steel Co. Ltd. Beijing Fangda Carbon Tech Co., Ltd. Beijing International Trade Co., Ltd. Beijing Kang Jie Kong Cargo Agent Expeditors (Tianjin Branch). Beijing Shougang Huaxia International Trade Co. Ltd. Beijing Xinchengze Inc. Beijing Xincheng Sci-Tech. Development Inc. Brilliant Charter Limited. Carbon International. Chang Cheng Chang Electrode Co., Ltd. Chengde Longhe Carbon Factory. Chengdelh Carbonaceous Elements Factory. Chengdu Jia Tang Corp. Chengdu Rongguang Carbon Co. Ltd. China Carbon Graphite Group Inc. China Industrial Mineral & Metals Group. China Shaanxi Richbond Imp. & Exp. Industrial Corp. Ltd. China Xingyong Carbon Co., Ltd. CIMM Group Co., Ltd. Dalian Carbon & Graphite Corporation. Dalian Hongrui Carbon Co., Ltd. Dalian Honest International Trade Co., Ltd. Dalian Horton International Trading Co., Ltd. Dalian LST Metallurgy Co., Ltd. Dalian Shuangii Co., Ltd. Dalian Thrive Metallurgy Imp. & Exp. Co., Ltd. Dandong Xinxin Carbon Co. Ltd. Datong Carbon. Datong Xincheng Carbon Co., Ltd. Datong Xincheng New Material Co. Dechang Shida Carbon Co. Ltd (aka Sichuan Dechang Shida Carbon Co., Ltd.). De Well Container Shipping Corp. (Dewell Group). Dewell Group. Dignity Success Investment Trading Co., Ltd. Double Dragon Metals and Mineral Tools Co., Ltd. Ever Express Group Ltd. Fangda Carbon New Material Co., Ltd. Fangda Lanzhou Carbon Joint Stock Company Co. Ltd. (aka Lanzhou Hailong New Material Co.). Foset Co., Ltd. Fushun Carbon Co., Ltd. Fushun Jinli Petrochemical Carbon Co., Ltd. (Fushun Jinly Petrochemical Carbon Co., Ltd.). Fushun Oriental Carbon Co., Ltd. GES (China) Co. Ltd. GR Industrial Corporation. Grafworld International Inc. Gold Success Group Ltd. Golden Harvest Resources Ltd. Grameter Shipping Co., Ltd. (Qingdao Branch). Guangdong Highsun Yongye (Group) Co. Ltd. Guanghan Shida Carbon Co., Ltd. Haimen Shuguang Carbon Industry Co. Ltd. Handan Hanbo Material Co., Ltd. Hanhong Precision Machinery Co., Ltd. Hebei Long Great Wall Electrode Co., Ltd. Hefei Carbon Co., Ltd. Heico Universal (Shanghai) Distribution Co., Ltd. Heilongjiang Xinyuan Carbon Co. Ltd. Henan JLV Graphite Co, Ltd. Henan Sanli Carbon Products Co., Ltd. Henan Sihai Import and Export Co., Ltd. Hohhot Muzi Carbon Trade Co., Ltd. Hopes (Beijing) International Co., Ltd. Huanan Carbon Factory. Hunan Mec Machinery and Electronics Imp. & Exp. Corp. Hunan Yinguang Carbon Factory Co., Ltd. Inner Mongolia QingShan Special Graphite and Carbon Co., Ltd. Inner Mongolia Xinghe County Hongyuan Electrical Carbon Factory. Intl Resources Business Ltd. Jiangsu Yafei Carbon Co., Ltd. Jiaozuo Zhongzhou Carbon Products Co., Ltd. Jichun International Trade Co., Ltd. of Jilin Province.

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Period to be reviewed

Jiexiu Juyuan Carbon Co., Ltd. Jiexiu Ju-Yuan & Coaly Co., Ltd. Jilin Carbon Graphite Material Co., Ltd. Jilin Carbon Import and Export Company. Jilin Songiiang Carbon Co Ltd. Jinneng Group Co., Ltd. Jinyu Thermo-Electric Material Co., Ltd. JL Group. JL Carbon Co., Ltd. Kaifeng Carbon Company Ltd. KASY Logistics (Tianjin) Co., Ltd. Kimwan New Carbon Technology and Development Co., Ltd. Kingstone Industrial Group Ltd. L & T Group Co., Ltd. Laishui Long Great Wall Electrode Co. Ltd. Lanzhou Carbon Co., Ltd. Lanzhou Carbon Import & Export Corp. (aka Lanzhou Hailong New Material Co.). Lanzhou Hailong Technology (aka Lanzhou Hailong New Material Co.). Lanzhou Ruixin Industrial Material Co., Ltd. Lianxing Carbon Qinghai Co., Ltd. Lianxing Carbon Science Institute. Lianxing Carbon (Shandong) Co., Ltd. Lianyungang Jianglida Mineral Co., Ltd. Lianyungang Jinli Carbon Co., Ltd. Liaoning Fenghua Trasteel Industry Co., Ltd. Liaoyang Carbon Co. Ltd. Linghai Hongfeng Carbon Products Co., Ltd. Linyi County Lubei Carbon Co., Ltd. Maoming Yongye (Group) Co., Ltd. MBI Beijing International Trade Co., Ltd. Nantong Dongiin New Energy Co., Ltd. Nantong Falter New Energy Co., Ltd. Nantong River-East Carbon Joint Stock Co., Ltd. Nantong River-East Carbon Co., Ltd. Nantong Yangtze Carbon Corp. Ltd. Nantong Yanzi Carbon Co. Ltd. Oracle Carbon Co., Ltd. (aka Dalian Oracle Carbon Co., Ltd.). Orient (Dalian) Carbon Resources Developing Co., Ltd. Orient Star Transport International Ltd. Oriental Carbon Co. Limited. Peixian Longxiang Foreign Trade Co. Ltd. Pudong Trans USA, Inc. (Dalian Office). Qingdao Grand Graphite Products Co., Ltd. Qingdao Haosheng Metals Imp. & Exp. Co Ltd. Quingdao Haosheng Metals & Minerals Imp. & Exp. Co., Ltd. Qingdao Liyikun Carbon Development Co., Ltd. Qingdao Likun Graphite Co., Ltd. Qingdao Ruizhen Carbon Co., Ltd. Qingdao Yijia E.T.I. I/E Co., Ltd. Qingdao Youyuan Metallurgy Material Limited Company. Ray Group Ltd. Rex International Forwarding Co., Ltd. Rt Carbon Co., Ltd. Ruitong Carbon Co., Ltd. Sangraf Energy Technology Co., Ltd. Sea Trade International, Inc. Seamaster Global Forwarding (China). Shandong Basan Carbon Plant. Shandong Zibo Continent Carbon Factory. Shanghai Carbon International Trade Co., Ltd. Shanghai GC Co., Ltd. Shanghai Jinneng International Trade Co., Ltd. Shanghai P.W. International Ltd. Shanghai Shen-Tech Graphite Material Co., Ltd. Shanghai Topstate International Trading Co., Ltd. Shanxi Cimm Donghai Advanced Carbon Co., Ltd. Shanxi Datong Energy Development Co., Ltd. Shanxi Foset Carbon Co. Ltd. Shanxi Jiexiu Import and Export Co., Ltd. Shanxi Jinneng Group Co., Ltd. Shanxi Yunheng Graphite Electrode Co., Ltd. Shenyang Jinli Metals & Minerals Imp. & Exp. Co., Ltd. Shida Carbon Group. Shijiazhuang Carbon Co., Ltd. Shijiazhuang Heijin Trade Co., Ltd. Shijiazhuang Huanan Carbon Factory. Sichuan 5-Continent Imp & Exp Co., Ltd. Sichuan Guanghan Shida Carbon Co., Ltd. Sichuan Shida Trading Co., Ltd. Sichuan GMT International Inc. Sinicway International Logistics Ltd. Sino Industries Enterprise Ltd. Sinosteel Anhui Co., Ltd.

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Period to be reviewed

Sinosteel Jilin Carbon Co., Ltd. Sinosteel Jilin Carbon Imp. & Exp. Co. Ltd. Sinosteel Sichuan Co., Ltd. SMMC Group Co., Ltd. Sure Mega (Hong Kong) Ltd. Tangshan Kimwan Special Carbon & Graphite Co., Ltd. Tengchong Carbon Co., Ltd. T.H.I. Global Holdings Corp. T.H.I. Group (Shanghai), Ltd. Tianjin (Teda) Iron & Steel Trade Co., Ltd. Tianjin Kimwan Carbon Technology Development Co., Ltd. Tianjin Muzi Carbon International. Tianjin Yue Yang Industrial & Trading Co., Ltd. Tianzhen Jintian Graphite Electrodes Co., Ltd. Tielong (Chengdu) Carbon Co., Ltd. UK Carbon & Graphite. United Carbon Ltd. United Trade Resources, Inc. Weifang Lianxing Carbon Co., Ltd. World Trade Metals & Minerals Co., Ltd. XC Carbon Group. Xinghe County Muzi Carbon Co., Ltd. Xinghe County Muzi Carbon Plant. Xinghe Xingyong Carbon Co., Ltd. Xinghe Xinyuan Carbon Products Co., Ltd. Xinyuan Carbon Co., Ltd. Xuanhua Hongli Refractory and Mineral Company. Xuchang Minmetals & Industry Co., Ltd. Xuzhou Carbon Co., Ltd. Xuzhou Electrode Factory. Xuzhou Jianglong Carbon Products Co., Ltd. Yangzhou Qionghua Carbon Trading Ltd. Yixing Huaxin Imp & Exp Co. Ltd. Youth Industry Co., Ltd. Zhengzhou Jinyu Thermo-Electric Material Co., Ltd. Zibo Continent Carbon Factory. Zibo DuoCheng Trading Co., Ltd. Zibo Lianxing Carbon Co., Ltd. Zibo Wuzhou Tanshun Carbon Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Uncovered Innerspring Units, A–570–928 ...... 2/1/18–1/31/19 Green Asia Parts, LTD. Jietai Machinery Ltd. (HK). THE PEOPLE’S REPUBLIC OF CHINA: Utility Scale Wind Towers, A–570–981 ...... 2/1/18–1/31/19 Alstom Sizhou Electric Power Equipment Co., Ltd. AUSKY (Shandong) Machinery Manufacturing Co., Ltd. AVIC International Renewable Energy Co., Ltd. Baotou Titan Wind Power Equipment Co., Ltd. Bashi Yuexin Logistics Development Co., Ltd. CATIC International Trade & Economic Development Ltd. Chengde Tianbao Machinery Co., Ltd. Chengxi Shipyard Co., Ltd. China WindPower Group. CleanTech Innovations Inc. CNR Wind Turbine Co., Ltd. CS Wind China Co., Ltd. CS Wind Corporation. CS Wind Tech (Shanghai) Co., Ltd. Dajin Heavy Industry Corporation. Greenergy Technology Co., Ltd. Guangdong No. 2 Hydropower Engineering Co., Ltd. Guodian United Power Technology Baoding Co., Ltd. Harbin Hongguang Boiler Group Co., Ltd. Hebei Ningqiang Group. Hebei Qiangsheng Wind Equipment Co., Ltd. Jiangsu Baolong Electromechanical Mfg. Co., Ltd. Jiangsu Baolong Tower Tube Manufacture Co., Ltd. Jiangsu Taihu Boiler Co., Ltd. Jiangyin Hengrun Ring Farging Co., Ltd. Jilin Miracle Equipment Manufacturing Engineering Co., Ltd. Jilin Tianhe Wind Power Equipment Co., Ltd. Jinan Railway Vehicles Equipment Co., Ltd. Nanjing Jiangbiao Group Co., Ltd. Nantong Dongtai New Energy Equipment Co., Ltd. Nantong Hongbo Windpower Equipment Co., Ltd. Ningxia Electric Power Group. Ningxia Yinxing Energy Co. Ningxia Yinyi Wind Power Generation Co., Ltd. Qingdao GeLinTe Environmental Protection Equipment Co., Ltd. Qingdao Ocean Group. Qingdao Pingcheng Steel Structure Co., Ltd. Qingdao Tianneng Electric Power Engineering Machinery Co., Ltd. Qingdao Wuxiao Group Co., Ltd. Renewable Energy Asia Group Ltd.

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Period to be reviewed

SDV China Nanjing. Shandong Endless Wind Turbine Technical Equipment Co., Ltd. Shandong Iraeta Heavy Industry. Shandong Zhongkai Wind Power Equipment Manufacturers, Ltd. Shanghai Aerotech Trading International. Shanghai GE Guangdian Co., Ltd. Shanghai Taisheng Wind Power Equipment Co., Ltd. Shenyang Titan Metal Co., Ltd. Sinovel Wind Group Co., Ltd. Suihua Wuxiao Electric Power Equipment Co., Ltd. Titan (Lianyungang) Metal Product Co., Ltd. Titan Wind Energy (Suzhou) Co., Ltd. Vestas Wind Technology (China). Wuxiao Steel Tower Co., Ltd. Xinjiang Huitong (Group) Co., Ltd. Zhangjiagang Zhiyi Medical Health. Countervailing Duty Proceedings INDIA: Cold-Drawn Mechanical Tubing, C–533–874 9/25/17–12/31/18 Automotive Steel Pipe. Bhushan Steel Ltd. Good Luck India Limited. Good Luck Industries. Hyundai Steel Pipe India Pvt., Ltd. Innoventive Industries. ISMT Limited. Jindal (India) Ltd. Jindal Saw Ltd. Pennar Industries, Inc. Sandvik Asia Pvt., Ltd. Tata Steel BSL Limited. Tube Investments of India Ltd. Tube Products of India. REPUBLIC OF KOREA: Certain Cut-To-Length Carbon-Quality Steel Plate, C–580–837 ...... 1/1/18–12/31/18 BDP International. Dongkuk Steel Mill Co., Ltd. Hyundai Steel Co., Ltd. Hyundai Steel Company. Sung Jin Steel Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Cold-Drawn Mechanical Tubing, C–570–059 ...... 9/25/17–12/31/18 Anji Pengda Steel Pipe Co., Ltd. Changshu Fushilai Steel Pipe Co., Ltd. Changshu Special Shaped Steel Tube Co., Ltd. Hebei Changfeng Steel Tube Mfg. Hubei Xinyegang Steel Co., Ltd. Jiangsu Liwan Precision Tube Manufacturing Co., Ltd. Jiangsu Hongyi Steel Pipe Co., Ltd. Jiangsu Huacheng Industry Pipe Making Corporation. Zhangjiagang Salem Fine Tubing Co., Ltd. Suzhou Baojia New Energy Technology Co., Ltd. Suzhou Foster International Co., Ltd. Wuxi Dajin High-Precision Cold-Drawn Steel Tube Co., Ltd. Wuxi P&C Machinery Co., Ltd. Yangzhou Lontrin Steel Tube Co., Ltd. Zhangjiagang Huacheng Import & Export Co., Ltd. Zhangjiagang Shengdingyuan Pipe-Making Co., Ltd. Zheiiang Minghe Steel Pipe Co., Ltd. Zhejiang Dingxin Steel Tube Manufacturing Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Crystalline Silicon Photovoltaic Products, C–570–011 ...... 1/1/18–12/31/18 Changzhou Trina Solar Energy Co., Ltd. Chint Solar (Zhejiang) Co., Ltd. Hefei JA Solar Technology Co., Ltd. Ri Shen Products (SZ) Ltd. Risen Energy Co., Ltd. Shanghai JA Solar Technology Co., Ltd. Shenzhen Letsolar Technology Co., Ltd. Shenzhen Portable Electronic Technology Co., Ltd. Shenzhen Sungold Solar Co., Ltd. Sol-lite Manufacturing Company Limited. Sunny Apex Development Ltd. Trina Solar (Changzhou) Science & Technology Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Tool Chests and Cabinets,41 C–570–057 ...... 9/15/17–12/31/18 THE PEOPLE’S REPUBLIC OF CHINA: Utility Scale Wind Towers, C–570–982 ...... 1/1/18–12/31/18 Alstom Sizhou Electric Power Equipment Co., Ltd. AUSKY (Shandong) Machinery Manufacturing Co., Ltd. AVIC International Renewable Energy Co., Ltd. Baotou Titan Wind Power Equipment Co., Ltd. Bashi Yuexin Logistics Development Co., Ltd. CATIC International Trade & Economic Development Ltd. Chengde Tianbao Machinery Co., Ltd. Chengxi Shipyard Co., Ltd. China WindPower Group. CleanTech Innovations Inc.

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Period to be reviewed

CNR Wind Turbine Co., Ltd. CS Wind China Co., Ltd. CS Wind Corporation. CS Wind Tech (Shanghai) Co., Ltd. Dajin Heavy Industry Corporation. Greenergy Technology Co., Ltd. Guangdong No.2 Hydropower Engineering Co., Ltd. Guodian United Power Technology Baoding Co., Ltd. Harbin Hongguang Boiler Group Co., Ltd. Hebei Ningqiang Group. Hebei Qiangsheng Wind Equipment Co., Ltd. Jiangsu Baolong Electromechanical Mfg. Co., Ltd. Jiangsu Baolong Tower Tube Manufacture Co., Ltd. Jiangsu Taihu Boiler Co., Ltd. Jiangyin Hengrun Ring Farging Co., Ltd. Jilin Miracle Equipment Manufacturing Engineering Co., Ltd. Jilin Tianhe Wind Power Equipment Co., Ltd. Jinan Railway Vehicles Equipment Co., Ltd. Nanjing Jiangbiao Group Co., Ltd. Nantong Dongtai New Energy Equipment Co., Ltd. Nantong Hongbo Windpower Equipment Co., Ltd. Ningxia Electric Power Group. Ningxia Yinxing Energy Co. Ningxia Yinyi Wind Power Generation Co., Ltd. Qingdao GeLinTe Environmental Protection Equipment Co., Ltd. Qingdao Ocean Group. Qingdao Pingcheng Steel Structure Co., Ltd. Qingdao Tianneng Electric Power Engineering Machinery Co., Ltd. Qingdao Wuxiao Group Co., Ltd. Renewable Energy Asia Group Ltd. SDV China Nanjing. Shandong Endless Wind Turbine Technical Equipment Co., Ltd. Shandong lraeta Heavy Industry. Shandong Zhongkai Wind Power Equipment Manufacturers, Ltd. Shanghai Aerotech Trading International. Shanghai GE Guangdian Co., Ltd. Shanghai Taisheng Wind Power Equipment Co., Ltd. Shenyang Titan Metal Co., Ltd. Sinovel Wind Group Co., Ltd. Suihua Wuxiao Electric Power Equipment Co., Ltd. Titan (Lianyungang) Metal Product Co., Ltd. Titan Wind Energy (Suzhou) Co., Ltd. Vestas Wind Technology (China). Wuxiao Steel Tower Co., Ltd. Xinjiang Huitong (Group) Co., Ltd. Zhangjiagang Zhiyi Medical Health. THE PEOPLE’S REPUBLIC OF CHINA: Hardwood Plywood Products,42 C–570–052 ...... 4/25/17–12/31/18 Cosco Star International Co., Ltd. Happy Wood Industrial Group Co., Ltd. Jiangsu High Hope Arser Co., Ltd. Jiangsu Sunwell Cabinetry Co., Ltd. Lianyungang Yuantai International Trade Co., Ltd. Linyi Bomei Furniture Co., Ltd. Linyi Dahua Wood Co., Ltd. Pingyi Jinniu Wood Co., Ltd. Qingdao Top P&Q International Corp. SAICG International Trading Co., Ltd. Shandong Huaxin Jiasheng Wood Co., Ltd. Shandong Jinhua International Trading Co., Ltd. Suzhou Fengshuwan Import and Export Trade Co., Ltd. (aka Suzhou Fengshuwan I&E Trade Co., Ltd.). Vietnam Finewood Company Limited.43 Xuzhou Amish Import & Export Co., Ltd. Xuzhou Jiangyang Wood Industries Co., Ltd.

Suspension Agreements Antidumping Duty Changed Circumstances Review: Circumstances Review: Certain Frozen Warmwater None. Certain Frozen Warmwater Shrimp from India, 77 Shrimp from India, 81 FR 90774 (December 15, FR 73619 (December 11, 2012). Therefore, we have 2016). Therefore, we have not initiated a separate 5 In past reviews, Commerce has treated these not initiated a separate administrative review with administrative review with respect to Avanti Feeds companies as a single entity. See, e.g., Certain respect to Apex Exports. Limited. Frozen Warmwater Shrimp from India: Final 7 In past reviews, Commerce has treated these 9 In the 2017–2018 administrative review of this Results of Antidumping Duty Administrative companies as a single entity. See, e.g., 2016–2017 order, Commerce preliminarily determined it was Review; 2016–2017, 83 FR 32835 (July 16, 2018) AR Final. Absent information to the contrary, we (2016–2017 AR Final). Absent information to the appropriate to treat the following companies as a intend to continue to treat these companies as a contrary, we intend to continue to treat these single entity: Calcutta Seafoods Pvt. Ltd., Bay single entity for purposes of this administrative companies as a single entity for purposes of this Seafood Pvt. Ltd., and Elque & Co (Elque). See administrative review. review. Certain Frozen Warmwater Shrimp from India: 8 6 On December 11, 2012, Apex Frozen Foods On December 15, 2016, Avanti Frozen Foods Preliminary Results of Antidumping Duty Private Limited was found to be the successor-in- Private Limited was found to be the successor-in- Administrative Review; 2017–2018, issued on April interest to Apex Exports. See Final Results of interest to Avanti Feeds Limited. See Notice of 9, 2019. If this finding becomes final, we intend Final Results of Antidumping Duty Changed Continued

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from India: Initiation of Antidumping Duty also to treat these companies as a single entity for Changed Circumstances Review, 83 FR 66244 Frozen Warmwater Shrimp from Thailand: Final purposes of this administrative review. Otherwise, (December 26, 2018). Results and Final Partial Rescission of Commerce will rescind the review with respect to Antidumping Duty Administrative Review; 2006– 20 Where multiple interested parties requested an Elque because no party has requested review of this 2007, 73 FR 50933 (August 29, 2008) (2006–2007 administrative review of the same companies and individual entity. AR Final). Absent information to the contrary, we requested those company names with identical 10 On October 3, 2018, Coastal Aqua Private intend to continue to treat these companies as a spelling and punctuation, Commerce listed the Limited was found to be the successor-in-interest to single entity for purposes of this administrative name only once to prevent redundancy and Coastal Aqua. See Certain Frozen Warmwater review. administrative burden. Shrimp from India: Notice of Final Results of 26 Shrimp produced and exported by Marine Gold 21 Shrimp produced and exported by Minh Phu Antidumping Duty Changed Circumstances Review, Products Ltd. (Marine Gold) were excluded from Seafood Corporation were excluded from the 83 FR 49909 (October 3, 2018). Because the the order effective February 1, 2012. See Certain antidumping duty order on certain frozen effective date of this determination is during the Frozen Warmwater Shrimp from Thailand: Final warmwater shrimp from Vietnam, effective July 18, current POR, we have included both exports from Results of Antidumping Duty Administrative 2016. See Certain Frozen Warmwater Shrimp from Coastal Aqua and Coastal Aqua Private Limited in Review, Partial Rescission of Review, and the Socialist Republic of Vietnam: Notice of this review. Revocation of the Order (in Part); 2011–2012, 78 FR Implementation of Determination Under Section 11 In past reviews, Commerce has treated these 42497 (July 16, 2013). Accordingly, we are initiating 129 of the Uruguay Round Agreements Act and companies as a single entity. See, e.g., 2016–2017 this administrative review with respect to Marine Partial Revocation of the Antidumping Duty Order, AR Final. Absent information to the contrary, we Gold only for shrimp produced in Thailand where 81 FR 47756, 47757–47758 (July 22, 2016). intend to continue to treat these companies as a Marine Gold acted as either the manufacturer or Accordingly, we are initiating this administrative single entity for purposes of this administrative exporter (but not both). review for this exporter only with respect to subject review. 27 merchandise produced by another entity. In past reviews, Commerce has treated these 12 In past reviews, Commerce has treated these companies as a single entity. See, e.g., 2015–2016 22 On February 26, 2019, Commerce received a companies as a single entity. Id. Absent information AR Final. Absent information to the contrary, we request for an administrative review of CS Wind to the contrary, we intend to continue to treat these intend to continue to treat these companies as a Corporation, among other companies. See Wind companies as a single entity for purposes of this single entity for purposes of this administrative Tower Trade Coalition Letter, ‘‘Utility Scale Wind administrative review. Additionally, on December review. Towers from the Socialist Republic of Vietnam: 28 2, 2014, Premier Marine Products Private Limited Request for Administrative Review,’’ dated In past reviews, Commerce has treated these was found to be the successor-in-interest to Premier February 28, 2018. In the investigation of this companies as a single entity. Id. Absent information Marine Products. See Notice of Final Results of proceeding, Commerce determined that ‘‘CS Wind to the contrary, we intend to continue to treat these Antidumping Duty Changed Circumstances Review: Vietnam Co., Ltd.,’’ and ‘‘CS Wind Corporation’’ are companies as a single entity for purposes of this Certain Frozen Warmwater Shrimp from India, 79 a single entity, ‘‘The CS Wind Group.’’ See Utility administrative review. FR 71384 (December 2, 2014). Scale Wind Towers from the Socialist Republic of 29 In past reviews, Commerce has treated these 13 Shrimp produced and exported by Devi Sea Vietnam: Final Determination of Sales at Less Than companies as a single entity. Id. Absent information Foods Limited (Devi) was excluded from the order Fair Value, 77 FR 75984 (December 26, 2012), as to the contrary, we intend to continue to treat these effective February 1, 2009. See Certain Frozen amended by Utility Scale Wind Towers from the companies as a single entity for purposes of this Warmwater Shrimp from India: Final Results of the Socialist Republic of Vietnam: Amended Final administrative review. Antidumping Duty Administrative Review, Partial Determination of Sales at Less Than Fair Value and 30 In past reviews, Commerce has treated these Rescission of Review, and Notice of Revocation of Antidumping Duty Order, 78 FR 11150, 11152 companies as a single entity. See, e.g., 2006–2007 Order in Part, 75 FR 41813, 41814 (July 19, 2010). (February 15, 2013) (where Commerce stated that AR Final. Absent information to the contrary, we Accordingly, we are initiating this administrative ‘‘The CS Wind Group consists of CS Wind Vietnam intend to continue to treat these companies as a review with respect to Devi only for shrimp Co., Ltd. and CS Wind Corporation.’’). On March single entity for purposes of this administrative produced in India where Devi acted as either the 16, 2017, the United States Court of International review. manufacturer or exporter (but not both). Trade (CIT) issued its final judgment, sustaining 31 In past reviews, Commerce has treated these 14 In past reviews, Commerce has treated these Commerce’s final results of redetermination companies as a single entity. See, e.g., 2015–2016 companies as a single entity. See, e.g., 2016–2017 regarding the investigation. See CS Wind Vietnam AR Final. Absent information to the contrary, we AR Final. Absent information to the contrary, we Co., Ltd., and CS Wind Corporation v. United intend to continue to treat these companies as a intend to continue to treat these companies as a States, 219 F. Supp. 3d 1273 (CIT 2017). On March single entity for purposes of this administrative single entity for purposes of this administrative 29, 2017, pursuant to that CIT decision, effective review. March 26, 2017, Commerce excluded from the review. 32 In past reviews, Commerce has treated these 15 antidumping duty order wind towers that are In past reviews, Commerce has treated these companies as a single entity. Id. Absent information produced and exported by The CS Wind Group. See companies as a single entity. Id. Absent information to the contrary, we intend to continue to treat these Utility Scale Wind Towers from the Socialist to the contrary, we intend to continue to treat these companies as a single entity for purposes of this Republic of Vietnam: Notice of Court Decision Not companies as a single entity for purposes of this administrative review. in Harmony with the Final Determination of Less administrative review. 33 Than Fair Value Investigation and Notice of This Order was revoked with respect to 16 In the 2017–2018 administrative review of this merchandise exported by Allied Pacific (HK) Co., order, Commerce preliminarily determined it was Amended Final Determination of Investigation, 82 FR 15493 (March 29, 2017). Thus, Commerce is Ltd., or Allied Pacific Food (Dalian) Co., Ltd., and appropriate to treat Magnum Sea Foods Limited and issuing this notice of initiation of the 2018–2019 manufactured by Allied Pacific Aquatic Products Magnum Estates Limited as a single entity. See antidumping duty administrative review of wind (Zhanjiang) Co., Ltd., or Allied Pacific Aquatic Certain Frozen Warmwater Shrimp from India: towers from Vietnam with respect to the CS Wind Products (Zhongshan) Co., Ltd., or Allied Pacific Preliminary Results of Antidumping Duty Group. Commerce is initiating an administrative Food (Dalian) Co., Ltd. See Certain Frozen Administrative Review; 2017–2018, issued on April review only on entries where CS Wind Group was Warmwater Shrimp from the People’s Republic of 9, 2019. If this finding becomes final, we intend (1) the producer but not the exporter, or (2) the China and Diamond Sawblades and Parts Thereof also to treat these companies as a single entity for exporter but not the producer of subject from the People’s Republic of China: Notice of purposes of this administrative review. merchandise. Implementation of Determinations Under Section 17 In past reviews, Commerce has treated these 23 In past reviews, Commerce has treated these 129 of the Uruguay Round Agreements Act and companies as a single entity. See, e.g., 2016–2017 companies as a single entity. See, e.g., Certain Partial Revocation of the Antidumping Duty Orders, AR Final. Absent information to the contrary, we Frozen Warmwater Shrimp from Thailand: Final 78 FR 18958, 18959 (March 28, 2013). Accordingly, intend to continue to treat these companies as a Results of Antidumping Duty Administrative we are initiating this review for these exporters only single entity for purposes of this administrative Review; Final Determination of No Shipments; with respect to subject merchandise produced by review. 2015–2016, 82 FR 30836 (July 3, 2017) (2015–2016 entities other than the aforementioned producers. 18 On August 27, 2010, Srikanth International was AR Final). Absent information to the contrary, we 34 This Order was revoked with respect to found to be the successor-in-interest to NGR Aqua intend to continue to treat these companies as a merchandise exported by Shantou Red Garden International. See Certain Warmwater Shrimp from single entity for purposes of this administrative Foodstuff Co., Ltd., and produced by Red Garden India: Final Results of Antidumping Duty Changed review. Food Processing Co., Ltd., or Chaoyang Jindu Circumstances Review, 75 FR 52718 (August 27, 24 In past reviews, Commerce has treated these Hengchang Aquatic Products Enterprise Co., Ltd., or 2010). Therefore, we have not initiated a separate companies as a single entity. See, e.g., 2015–2016 Raoping County Longfa Seafoods Co., Ltd., or administrative review with respect to NGR Aqua AR Final. Absent information to the contrary, we Meizhou Aquatic Products Quick-Frozen Industry International. intend to continue to treat these companies as a Co., Ltd., or Shantou Jinyuan District Mingfeng 19 On December 26, 2018, Commerce initiated a single entity for purposes of this administrative Quick-Frozen Factory, or Shantou Long Feng changed circumstances review to determine review. Foodstuffs Co., Ltd. See Certain Frozen Warmwater whether Sunrise Seafoods India Private Limited is 25 In past reviews, Commerce has treated these Shrimp from the People’s Republic of China and the successor in interest to Sunrise Aqua Food companies as a single entity. See, e.g., Certain Diamond Sawblades and Parts Thereof from the Exports. See Certain Frozen Warmwater Shrimp People’s Republic of China: Notice of

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Duty Absorption Reviews suspended investigation (after sunset regulations, at 19 CFR 351.301, also During any administrative review review), the Secretary, if requested by a provide specific time limits for such covering all or part of a period falling domestic interested party within 30 factual submissions based on the type of between the first and second or third days of the date of publication of the factual information being submitted. and fourth anniversary of the notice of initiation of the review, will Please review the final rule, available at determine whether antidumping duties http://enforcement.trade.gov/frn/2013/ publication of an antidumping duty have been absorbed by an exporter or 1304frn/2013-08227.txt, prior to order under 19 CFR 351.211 or a producer subject to the review if the submitting factual information in this determination under 19 CFR subject merchandise is sold in the segment. 351.218(f)(4) to continue an order or United States through an importer that Any party submitting factual information in an antidumping duty or Implementation of Determinations Under Section is affiliated with such exporter or 129 of the Uruguay Round Agreements Act and producer. The request must include the countervailing duty proceeding must Partial Revocation of the Antidumping Duty Orders, name(s) of the exporter or producer for certify to the accuracy and completeness 78 FR 18958, 18959 (March 28, 2013). Accordingly, which the inquiry is requested. of that information.44 Parties are hereby we are initiating this review for this exporter only reminded that revised certification with respect to subject merchandise produced by Gap Period Liquidation entities other than the aforementioned producers. requirements are in effect for company/ 35 This Order was revoked with respect to subject For the first administrative review of government officials as well as their merchandise produced and exported by Zhanjiang any order, there will be no assessment representatives. All segments of any Guolian Aquatic Products Co., Ltd. See Notice of of antidumping or countervailing duties antidumping duty or countervailing Amended Final Determination of Sales at Less on entries of subject merchandise duty proceedings initiated on or after Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from the entered, or withdrawn from warehouse, August 16, 2013, should use the formats People’s Republic of China, 70 FR 5149, 5152 for consumption during the relevant for the revised certifications provided at (February 1, 2005). Accordingly, we are initiating provisional-measures ‘‘gap’’ period, of the end of the Final Rule.45 Commerce this review for this exporter only with respect to the order, if such a gap period is intends to reject factual submissions in subject merchandise produced by another entity. applicable to the POR. 36 This Order was revoked with respect to subject any proceeding segments if the merchandise produced and exported by Zhanjiang Administrative Protective Orders and submitting party does not comply with Regal Integrated Marine Resources Co., Ltd. See Letters of Appearance applicable revised certification Certain Frozen Warmwater Shrimp from the requirements. People’s Republic of China: Final Results of Interested parties must submit Administrative Review; 2011–2012, 78 FR 56209, applications for disclosure under Extension of Time Limits Regulation 56210 (September 12, 2013). Accordingly, we are initiating this review for this exporter only with administrative protective orders in Parties may request an extension of respect to subject merchandise produced by another accordance with the procedures time limits before a time limit entity. outlined in Commerce’s regulations at established under Part 351 expires, or as 37 Commerce inadvertently initiated an 19 CFR 351.305. Those procedures otherwise specified by the Secretary. administrative review of entries where Armstrong Wood Products (Kunshan) Co., Ltd. was the apply to administrative reviews See 19 CFR 351.302. In general, an producer but not the exporter of subject included in this notice of initiation. extension request will be considered merchandise. Commerce is only reviewing entries Parties wishing to participate in any of untimely if it is filed after the time limit where Armstrong Wood Products (Kunshan) Co., these administrative reviews should established under part 351 expires. For Ltd. was the exporter but not the producer of subject merchandise. ensure that they meet the requirements submissions which are due from 38 Commerce inadvertently initiated an of these procedures (e.g., the filing of multiple parties simultaneously, an administrative review of entries where Dunhua City separate letters of appearance as extension request will be considered Jisen Wood Industry Co., Ltd. was the producer but discussed at 19 CFR 351.103(d)). untimely if it is filed after 10:00 a.m. on not the exporter of subject merchandise. Commerce is only reviewing entries where Dunhua City Jisen Factual Information Requirements the due date. Examples include, but are Wood Industry Co., Ltd. was the exporter but not not limited to: (1) Case and rebuttal the producer of subject merchandise. Commerce’s regulations identify five briefs, filed pursuant to 19 CFR 351.309; 39 Commerce inadvertently initiated an categories of factual information in 19 (2) factual information to value factors administrative review of entries where Fine CFR 351.102(b)(21), which are under 19 CFR 351.408(c), or to measure Furniture (Shanghai) Limited was the producer but summarized as follows: (i) Evidence not the exporter of subject merchandise. Commerce the adequacy of remuneration under 19 is only reviewing entries where Fine Furniture submitted in response to questionnaires; CFR 351.511(a)(2), filed pursuant to 19 (Shanghai) Limited and/or Double F Limited was (ii) evidence submitted in support of CFR 351.301(c)(3) and rebuttal, the exporter but Fine Furniture (Shanghai) Limited allegations; (iii) publicly available clarification and correction filed was not the producer of subject merchandise. information to value factors under 19 pursuant to 19 CFR 351.301(c)(3)(iv); (3) 40 With respect to Baroque Timber Industries CFR 351.408(c) or to measure the (Zhongshan) Co., Ltd. and the remaining seven comments concerning the selection of a companies listed, the names of these companies adequacy of remuneration under 19 CFR surrogate country and surrogate values were inadvertently misspelled and/or incomplete in 351.511(a)(2); (iv) evidence placed on and rebuttal; (4) comments concerning the initiation notices that published on March 14, the record by Commerce; and (v) CBP data; and (5) Q&V questionnaires. 2019 (84 FR 9297), and April 1, 2019 (84 FR 12200). evidence other than factual information 41 In the initiation notice that published on April Under certain circumstances, Commerce 1, 2019 (84 FR 12200) the POR for the above described in (i)–(iv). These regulations may elect to specify a different time referenced case was incorrect. The period listed require any party, when submitting limit by which extension requests will above is the correct POR for this case. factual information, to specify under be considered untimely for submissions 42 In the initiation notice that published on April which subsection of 19 CFR which are due from multiple parties 1, 2019 (84 FR 12200) the POR for this case was 351.102(b)(21) the information is being incorrect. The period listed here is the correct POR for this case. Moreover, we have amended the list submitted and, if the information is 44 See section 782(b) of the Act. of companies under review by adding the submitted to rebut, clarify, or correct 45 See Certification of Factual Information To companies listed here, that were inadvertently not factual information already on the Import Administration During Antidumping and included in the April 1, 2009 notice. record, to provide an explanation Countervailing Duty Proceedings, 78 FR 42678 (July 43 The initiation notice that published on April 1, 17, 2013) (Final Rule); see also the frequently asked 2019 (84 FR 12200) listed this company as Vietnam identifying the information already on questions regarding the Final Rule, available at Pinewood Company Limited, however, the the record that the factual information http://enforcement.trade.gov/tlei/notices/factual_ corrected company name appears above. seeks to rebut, clarify, or correct. The info_final_rule_FAQ_07172013.pdf.

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simultaneously. In such a case, antidumping duty (AD) investigations Section 733(e)(1) of the Tariff Act of Commerce will inform parties in the concerning kegs from Germany, Mexico, 1930, as amended (the Act) provides letter or memorandum setting forth the and the People’s Republic of China that Commerce, upon receipt of a timely deadline (including a specified time) by (China) and a countervailing duty filed allegation of critical circumstances, which extension requests must be filed investigation concerning kegs from will preliminarily determine that to be considered timely. This China.2 THIELMANN Mexico S.A. de critical circumstances exist in AD modification also requires that an C.V. (THIELMANN) is the sole investigations if there is a reasonable extension request must be made in a mandatory respondent in the basis to believe or suspect that: (A)(i) separate, stand-alone submission, and investigation of kegs from Mexico. On There is a history of dumping and clarifies the circumstances under which December 3, 2018, THIELMANN material injury by reason of dumped Commerce will grant untimely-filed informed Commerce that it did not imports in the United States or requests for the extension of time limits. intend to respond to the initial elsewhere of the subject merchandise, or These modifications are effective for all questionnaire. On December 10, 2018, (ii) the person by whom, or for whose segments initiated on or after October the petitioner timely filed an allegation account, the merchandise was imported 21, 2013. Please review the final rule, that critical circumstances exist with knew or should have known that the available at http://www.gpo.gov/fdsys/ respect to imports of kegs from Mexico.3 exporter was selling the subject pkg/FR-2013-09-20/html/2013- In accordance with 19 CFR merchandise at less than its fair value 22853.htm, prior to submitting factual 351.206(c)(2)(i), when a critical and that there was likely to be material information in these segments. circumstances allegation is submitted injury by reason of such sales, and (B) These initiations and this notice are more than 20 days before the scheduled there have been massive imports of the in accordance with section 751(a) of the date of the preliminary determination, subject merchandise over a relatively Act (19 U.S.C. 1675(a)) and 19 CFR Commerce must issue a preliminary short period. 351.221(c)(1)(i). finding of whether there is a reasonable Section 351.206(h)(2) of Commerce’s basis to believe or suspect that critical Dated: April 26, 2019. regulations provides that, generally, circumstances exist by no later than the Gary Taverman, imports must increase by at least 15 date of the preliminary determination. Deputy Assistant Secretary for Antidumping percent during the ‘‘relatively short and Countervailing Duty Operations. In the subject AD investigation, the petitioner requested that Commerce period’’ to be considered ‘‘massive’’ and [FR Doc. 2019–08945 Filed 5–1–19; 8:45 am] issue a preliminary critical § 351.206(i) defines a ‘‘relatively short BILLING CODE 3510–DS–P circumstances determination on an period’’ as normally being the period expedited basis.4 beginning on the date the proceeding begins (i.e., the date the petition is DEPARTMENT OF COMMERCE Commerce exercised its discretion to filed) 8 and ending at least three months toll all deadlines affected by the partial later.9 Commerce’s regulations also International Trade Administration federal government closure from provide, however, that, if Commerce [A–201–849] December 22, 2018, through the finds that importers, or exporters or resumption of operations on January 29, producers, had reason to believe, at 5 Antidumping Duty Investigation on 2019. On March 19, 2019, Commerce some time prior to the beginning of the Refillable Stainless Steel Kegs From postponed the deadline for the proceeding, that a proceeding was Mexico: Preliminary Affirmative preliminary determination at the request likely, Commerce may consider a period 6 Determination of Critical of the petitioner. Accordingly, the of not less than three months from that Circumstances revised deadline for the preliminary earlier time.10 determination is May 28, 2019.7 AGENCY: Enforcement and Compliance, Critical Circumstances Allegation International Trade Administration, Refillable Stainless Steel Kegs from Germany, Department of Commerce. Mexico, and the People’s Republic of China and In its allegation, the petitioner SUMMARY: The Department of Commerce Countervailing Duties on Imports of Refillable contends that, based on the dumping (Commerce) preliminarily determines Stainless Steel Kegs from the People’s Republic of margin alleged in the Petition, importers that critical circumstances exist for China,’’ dated September 20, 2018 (the Petition). knew, or should have known, that the 2 See Refillable Stainless Steel Kegs from the imports of refillable stainless steel kegs People’s Republic of China, the Federal Republic of merchandise under consideration was 11 (kegs) from Mexico. Germany, and Mexico: Initiation of Less-Than-Fair- being sold at less than fair value. The DATES: Applicable May 2, 2019. Value Investigations, 83 FR 52195 (October 16, petitioner also contends that, based on 2018) (Initiation Notice); see also Refillable the preliminary determination of injury FOR FURTHER INFORMATION CONTACT: Stainless Steel Kegs from the People’s Republic of by the U.S. International Trade Allison Hollander at (202) 482–2805, China: Initiation of Countervailing Duty Commission (ITC), there is a reasonable AD/CVD Operations, Enforcement and Investigation, 83 FR 52192 (October 16, 2018). 3 basis to impute importers’ knowledge Compliance, International Trade See the petitioner’s Letter, ‘‘Refillable Stainless Steel Kegs from Mexico: Petitioner’s Critical that material injury is likely by reason Administration, U.S. Department of Circumstances Allegation,’’ dated December 10, of such imports.12 Finally, the petitioner Commerce, 1401 Constitution Avenue 2018 (Allegation). contends that, because verifiable NW, Washington, DC 20230. 4 Id. at 2. 5 See Memorandum, ‘‘Deadlines Affected by the shipment data do not exist because of SUPPLEMENTARY INFORMATION: Partial Shutdown of the Federal Government,’’ the respondent’s failure to cooperate in Background dated January 28, 2019. All deadlines in this the investigation, an adverse inference segment of the proceeding have been extended by In response to petitions filed on 40 days. 8 See 19 CFR 351.102(b)(40) (providing that a September 20, 2018, on behalf of the 6 See Refillable Stainless Steel Kegs from the Federal Republic of Germany, Mexico and the proceeding begins on the date of the filing of a American Keg Company LLC (the People’s Republic of China: Postponement of petition). 1 petitioner), Commerce initiated Preliminary Determinations in the Less-Than-Fair- 9 See 19 CFR 351.206(h)(2) and (i). Value Investigations, 84 FR 10033 (March 19, 2019) 10 See 19 CFR 351.206(i). 1 See the petitioner’s Letter, ‘‘Petition for the (Postponement Notice). 11 See Allegation at 5–9. Imposition of Antidumping Duties on Imports of 7 Id. 12 Id. at 9–10.

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can be made that imports were massive among the facts otherwise available margins of 15 percent or more (for during the relevant time period.13 below. constructed export price or CEP) to 25 percent or more (for export price or EP) Critical Circumstances Analysis History of Dumping and Material Injury/ to be sufficient for this purpose.16 Knowledge of Sales Below Fair Value Use of Facts Available With Adverse and Material Injury Commerce initiated this AD Inferences investigation based on an estimated To determine whether there is a margin of 18.48 percent for EP sales. For Sections 776(a)(1) and (2) of the Act history of dumping pursuant to section provide that Commerce shall, subject to the reasons discussed above, we find 733(e)(1)(A)(i) of the Act, Commerce that an adverse inference is warranted section 782(d) of the Act, apply ‘‘facts generally considers current or previous otherwise available’’ if: Necessary in selecting from the facts available. AD orders on the subject merchandise THIELMANN’s quantity and value information is not on the record or an from the country in question in the interested party or any other person: (A) United States and current orders Corrosion-Resistant Steel Products from Taiwan: Withholds information that has been imposed by other countries with regard Final Determination of Sales at Less Than Fair requested; (B) fails to provide to imports of the same merchandise.14 Value and Final Affirmative Determination of information within the deadlines In this case, the current investigation of Critical Circumstances, in Part, 81 FR 35313 (June established, or in the form and manner 2, 2016) (Taiwan Final); Countervailing Duty the subject merchandise marks the first Investigation of Certain Corrosion-Resistant Steel requested by Commerce, subject to instance that Commerce has examined Products From the People’s Republic of China: subsections (c)(1) and (e) of section 782 whether sales of the subject Final Affirmative Determination, and Final of the Act; (C) significantly impedes a merchandise have been made at less Affirmative Critical Circumstances Determination, proceeding; or (D) provides information in Part, 81 FR 35308 (June 2, 2016) (China CVD than fair value in the United States. Final); Countervailing Duty Investigation of Certain that cannot be verified as provided by Accordingly, Commerce previously has Corrosion-Resistant Steel Products from Taiwan: section 782(i) of the Act. Because the not imposed an AD order on the subject Final Negative Countervailing Duty Determination, mandatory respondent THIELMANN merchandise. Moreover, Commerce is 81 FR 35299 (June 2, 2016) (Taiwan CVD Final); has not provided necessary information Countervailing Duty Investigation of Certain not aware of any AD order on the Corrosion-Resistant Steel Products From Italy: Final in this investigation, we preliminarily subject merchandise from Mexico in Affirmative Determination and Final Affirmative find that necessary information is not on another country. Therefore, Commerce Critical Circumstances, in Part, 81 FR 35326 (June the record, pursuant to section 776(a)(1) finds no history of injurious dumping of 2, 2016) (Italy CVD Final); Countervailing Duty of the Act. Furthermore, because Investigation of Certain Corrosion-Resistant Steel the subject merchandise pursuant to Products from the Republic of Korea: Final THIELMANN is not participating in this section 733(e)(1)(A)(i) of the Act. Affirmative Determination, and Final Affirmative investigation, we also preliminarily find To determine whether importers Critical Circumstances Determination, in Part, 81 that THIELMANN withheld information knew or should have known that FR 35310 (June 2, 2016) (Korea CVD Final); Notice that was requested by Commerce, exporters were selling the subject of Preliminary Determinations of Critical Circumstances: Certain Cold-Rolled Carbon Steel significantly impeded this proceeding, merchandise at less than fair value, Flat Products from Australia, the People’s Republic and failed to provide information within pursuant section 733(e)(1)(A)(ii) of the of China, India, the Republic of Korea, the the deadlines established, pursuant to Act, we typically consider the Netherlands, and the Russian Federation, 67 FR sections 776(a)(2)(A), (B), and (C) of the magnitude of dumping margins, 19157, 19158 (April 18, 2002) unchanged in Notice of Final Determination of Sales at Less Than Fair Act, respectively. Therefore, we have including margins alleged in the Value: Certain Cold-Rolled Carbon Steel Flat made this preliminary determination of petition.15 Commerce has found Products From Australia, 67 FR 47509 (July 19, critical circumstances on the basis of the 2002), Notice of Final Determination of Sales at facts otherwise available. 14 See, e.g., Notice of Final Determination of Less Than Fair Value: Certain Cold-Rolled Carbon Section 776(b) of the Act provides Sales at Less Than Fair Value and Affirmative Final Steel Flat Products from the People’s Republic of China, 67 FR 62107 (October 3, 2002), Notice of that Commerce may use an adverse Determination of Critical Circumstances: Circular Welded Carbon Quality Steel Pipe from the People’s Final Determination of Sales at Less Than Fair inference in selecting from among the Republic of China, 73 FR 31970, 31972–73 (June 5, Value: Certain Cold-Rolled Carbon Steel Flat facts otherwise available when a party 2008); Final Determination of Sales at Less Than Products from India, 67 FR 47518 (July 19, 2002), fails to cooperate by not acting to the Fair Value and Affirmative Determination of Notice of Final Determination of Sales at Less Than Critical Circumstances: Small Diameter Graphite Fair Value: Certain Cold-Rolled Carbon Steel Flat best of its ability to comply with a Electrodes from the People’s Republic of China, 74 Products From Korea, 67 FR 62124 (October 3, request for information. Further, section FR 2049, 2052–53 (January 14, 2009). 2002), Notice of Final Determination of Sales at 776(b)(2) of the Act states that an 15 See, e.g., Antidumping and Countervailing Less Than Fair Value and Critical Circumstances: adverse inference may include reliance Duty Investigations of Corrosion-Resistant Steel Certain Cold-Rolled Carbon Steel Flat Products From The Netherlands, 67 FR 62112 (October 3, on information derived from the Products from India, Italy, the People’s Republic of China, the Republic of Korea, and Taiwan: 2002), Notice of the Final Determination Sales at petition, the final determination from Preliminary Determinations of Critical Less Than Fair Value and Critical Circumstances: the investigation, a previous Circumstances, 80 FR 68504 (November 5, 2015) Certain Cold-Rolled Carbon Steel Flat Products administrative review, or other (CORE Critical Circumstances Prelim); see also From the Russian Federation, 67 FR 62121 (October Certain Corrosion-Resistant Steel Products From 3, 2002). information placed on the record. India: Final Determination of Sales at Less Than 16 Id.; see also Preliminary Determination of Sales Because THIELMANN determined not Fair Value and Final Negative Determination of at Less Than Fair Value: Certain Cut-to-Length to participate in this investigation, we Critical Circumstances, 81 FR 35329 (June 2, 2016) Carbon Steel Plate from the People’s Republic of find that THIELMANN did not (India Final); Certain Corrosion-Resistant Steel China, 62 FR 31972, 31978 (June 11, 1997) Products From Italy: Final Determination of Sales unchanged in Final Determination of Sales at Less cooperate to the best of its ability in this at Less Than Fair Value and Final Affirmative Than Fair Value: Certain Cut-to-Length Carbon investigation, pursuant to section 776(b) Determination of Critical Circumstances, in Part, 81 Steel Plate From the People’s Republic of China, 62 of the Act. Therefore, we find that FR 35320 (June 2, 2016) (Italy Final); Certain FR 61964 (November 20, 1997); Notice of adverse inferences are warranted in Corrosion-Resistant Steel Products From the Preliminary Determination of Sales at Less Than Republic of Korea: Final Determination of Sales at Fair Value, Negative Preliminary Determination of selecting from the facts available Less Than Fair Value and Final Affirmative Critical Circumstances and Postponement of Final regarding certain aspects of this Determination of Critical Circumstances, 81 FR Determination: Certain Frozen and Canned preliminary determination of critical 35303 (June 2, 2016) (Korea Final); Certain Warmwater Shrimp From the Socialist Republic of circumstances. We detail our use of Corrosion-Resistant Steel Products from the Vietnam, 69 FR 42672 (July 16, 2004) unchanged in People’s Republic of China: Final Determination of Final Determination of Sales at Less Than Fair adverse inferences in selecting from Sales at Less Than Fair Value and Final Affirmative Value: Certain Frozen and Canned Warmwater Critical Circumstances Determination, in Part, 81 Shrimp From the Socialist Republic of Vietnam, 69 13 Id. at 10–11. FR 35316 (June 2, 2016) (China Final); Certain FR 71005 (December 8, 2004).

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questionnaire response indicates a mix indication of material injury (rather than kegs from Mexico shipped by of EP and CEP sales.17 Furthermore, the the threat of injury) to the relevant U.S. THIELMANN, pursuant to section petition identifies the existence of a U.S. industry, Commerce will normally 733(e) of the Act and 19 CFR 351.206. affiliate, Thielmann US LLC.18 As such, determine that a reasonable basis exists To determine massive imports for all as an adverse inference in selecting from to impute to importers sufficient other companies, Commerce’s normal among the facts otherwise available, we knowledge of injury by such imports. In practice is to subtract shipments preliminarily find that THIELMANN’s the subject AD investigation, the ITC reported by the cooperating mandatory sales were a mix of CEP and EP sales. found that there is a ‘‘reasonable respondents from shipment data of The margin alleged in the petition indication’’ of material injury to the subject merchandise compiled by the exceeds the 15 percent threshold for domestic industry because of the ITC.22 However, due to the broad nature CEP sales necessary to impute importer imported subject merchandise.21 of the HTSUS numbers under which the knowledge.19 Because THIELMANN’s Therefore, the ITC’s preliminary injury subject merchandise is entered, there sales were a mix of CEP and EP sales, determination in this investigation is are no reliable shipment data and the margin alleged in the petition, sufficient to impute knowledge of the available.23 Additionally, there is no the only relevant fact on the record, likelihood of material injury to cooperating mandatory respondent in exceeds the 15 percent threshold for importers. Thus, we preliminarily this investigation.24 Therefore, we have CEP sales, we preliminarily find that determine that importers knew, or made this preliminary determination on knowledge of sales at less than fair should have known, that there was whether massive imports exist for all value may be imputed to importers. likely to be material injury caused by other companies using adverse facts Thus, we preliminarily determine that reason of such imports, pursuant to available, pursuant to sections 776(a) importers knew or should have known section 733(e)(1)(A)(ii) of the Act. and (b) of the Act. Accordingly, we that exporters in Mexico were selling Massive Imports preliminarily find that all other subject merchandise at less than fair companies have massive imports of value, satisfying the criteria under In determining whether imports of subject merchandise over a relatively section 733(e)(1)(A)(ii) of the Act. subject merchandise from Mexico were short period and, thus, critical To determine whether importers ‘‘massive’’ over a relatively short period, circumstances exist regarding imports of knew or should have known that there pursuant to section 733(e)(1)(B) of the kegs from Mexico produced and/or was likely to be material injury caused Act and 19 CFR 351.206(h), Commerce exported by all other companies, by reason of such imports pursuant to normally compares the import volumes pursuant to section 733(e) of the Act section 733(e)(1)(A)(ii) of the Act, of the subject merchandise for at least and 19 CFR 351.206. Commerce normally will look to the three months immediately preceding the preliminary injury determination of the filing of the petition (i.e., the ‘‘base Final Critical Circumstances ITC.20 If the ITC finds a reasonable period’’) to a comparable period of at Determination least three months following the filing We will issue our final determination 17 See Letter from THIELMANN, ‘‘Refillable of the petition (i.e., the ‘‘comparison concerning critical circumstances when Stainless Steel Kegs from Mexico: Quantity and period’’). Imports will normally be we issue our final less-than-fair-value Value Questionnaire Response,’’ dated October 24, considered massive when imports 2018. determination. All interested parties 18 See Letter to the Secretary of Commerce from during the comparison period have will have the opportunity to address the petitioners, ‘‘Petitions for the Imposition of increased by 15 percent or more this preliminary determination Antidumping Duties on Imports of Refillable compared to imports during the base regarding critical circumstances in case Stainless Steel Kegs from Germany, Mexico, and the period. briefs to be submitted after completion People’s Republic of China and Countervailing As discussed above, we are applying Duties on Imports of Refillable Stainless Steel Kegs of the preliminary less-than-fair-value from the People’s Republic of China,’’ dated adverse facts available in reaching our determination, in accordance with September 20, 2018 at Volume I, Exhibit GEN–24 findings for certain aspects of this Commerce’s instructions to be issued and Volume IV, Exhibit MEX–AD–1. preliminary determination of critical 19 following the publication of the In other preliminary critical circumstances circumstances. We do not have determinations, Commerce has applied the 15 preliminary determination of sales at percent CEP threshold when sale types were mixed information regarding import volumes less than fair value. and the majority of the sales were CEP. See e.g., for THIELMANN, based on its non- Crystalline Silicon Photovoltaic Cells, Whether or participation in this investigation. We ITC Notification Not Assembled Into Modules, From the People’s preliminarily find, on the basis of Republic of China: Preliminary Determination of In accordance with section 733(f) of Sales at Less Than Fair Value, Postponement of adverse facts available, that the Act, we will notify the ITC of this Final Determination and Affirmative Preliminary THIELMANN had massive imports of preliminary determination of critical Determination of Critical Circumstances, 77 FR subject merchandise over a relatively 31309 (May 26, 2012) unchanged in Crystalline circumstances. Silicon Photovoltaic Cells, Whether or Not short period, satisfying the criteria Assembled Into Modules, From the People’s under section 733(e)(1)(B) of the Act Suspension of Liquidation Republic of China: Final Affirmative Countervailing and 19 CFR 351.206(h). Thus, we In accordance with section 733(e)(2) Duty Determination and Final Affirmative Critical preliminarily determine that critical of the Act, because we have Circumstances Determination, 77 FR 63788 (November 17, 2012); Notice of Preliminary circumstances exist regarding imports of Determination of Sales at Less Than Fair Value, 22 See, e.g., CORE Critical Circumstances Prelim Postponement of Final Determination, and in the Antidumping Duty Investigation, 75 FR and India Final, Italy Final, Korea Final, China Affirmative Critical Circumstances Determination: 24572, 24573 (May 5, 2010) unchanged in Certain Final, Taiwan Final, China CVD Final, Taiwan CVD Bottom Mount Combination Refrigerator-Freezers Potassium Phosphate Salts from the People’s Final, Italy CVD Final, Korea CVD Final. From Mexico, 76 FR 67688 (Nov. 2, 2011) Republic of China: Final Determination of Sales at 23 See Initiation Notice. unchanged in Notice of Final Determination of Less Than Fair Value and Termination of Critical 24 Commerce sent quantity and value Sales at Less Than Fair Value and Affirmative Circumstances Inquiry, 75 FR 30377 (June 1, 2010). questionnaires to each of the companies identified Critical Circumstances Determination: Bottom 21 See USITC, Investigation Nos. 70l–TA–610 and in the Petition, but of those five companies only Mount Combination Refrigerator-Freezers From 73l–TA–1425–1427 (Preliminary), Refillable THIELMANN responded. See Letter from Mexico, 77 FR 17422 (March 26, 2012). Stainless Steel Kegs From China, Germany, and Commerce to interested parties, ‘‘Quantity and 20 See, e.g., Certain Potassium Phosphate Salts Mexico at 1 (November 5, 2018); see also Refillable Value Questionnaire for the Antidumping Duty from the People’s Republic of China: Preliminary Stainless Steel Kegs from China, Germany, and Investigation of Refillable Stainless Steel Kegs from Affirmative Determination of Critical Circumstances Mexico, 83 FR 56102 (November 9, 2018). Mexico’’ (October 11, 2018).

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preliminarily found that critical William Miller at (202) 482–3906, AD/ Amendment to Final Determination circumstances exist with regard to all CVD Operations, Enforcement and A ministerial error is defined as an imports of kegs from Mexico, if we make Compliance, International Trade error in additional, subtraction, or other an affirmative preliminary Administration, U.S. Department of arithmetic function, clerical error determination of sales at less than fair Commerce, 1401 Constitution Avenue resulting from inaccurate copying, 25 value at above de minimis rates, we NW, Washington, DC 20230. duplication, or the like, and any other will instruct Customs and Border SUPPLEMENTARY INFORMATION: similar type of unintentional error Protection (CBP) to suspend liquidation Background which the Secretary considers of all entries of subject merchandise that ministerial.6 are entered, or withdrawn from On February 27, 2019, Commerce Pursuant to section 735(e) of the Act warehouse, for consumption on or after published its affirmative final and 19 CFR 35l.224(e) and (f), the date that is 90 days prior to the determination in the less-than-fair-value Commerce is amending the Final effective date of ‘‘provisional measures’’ (LTFV) investigation of large diameter Determination to reflect the correction 1 (e.g., the date of publication in the welded pipe from Turkey. The scope of of ministerial errors in the final Federal Register of the notice of an the investigation in Commerce’s final estimated weighted average dumping affirmative preliminary determination of determination covered large diameter margins calculated for Borusan sales at less than fair value at above de welded carbon and alloy steel line pipe Mannesmann Boru Sanayi ve Ticaret minimis rates). At such time, we will (welded line pipe), large diameter A.S. and HDM Celik Boru Sanayi ve also instruct CBP to require a cash welded carbon and alloy steel structural Ticaret A.S. In addition, because these deposit equal to the estimated pipe (welded structural pipe), and margins are the basis for the estimated preliminary dumping margins reflected stainless steel large diameter welded weighted average dumping margin 2 in the preliminary determination pipe (stainless steel pipe) from Turkey. determined for all other Turkish published in the Federal Register. The As discussed below, the ITC producers and exporters of subject suspension of liquidation will remain in subsequently found three domestic like merchandise, we also are revising the effect until further notice. products covered by the scope of the ‘‘all-others’’ rate in the Final This notice is issued and published investigation (welded line pipe, welded Determination.7 The amended estimated pursuant to sections 733(f) and 777(i)(1) structural pipe, and stainless steel pipe) weighted average dumping margins are of the Act and 19 CFR 351.206(c). and, accordingly, made a separate injury listed in the Suspension of Liquidation Dated: April 26, 2019. determination with respect to each section below. Jeffrey I. Kessler, domestic like product. On April 15, 2019, the ITC notified Commerce of its Antidumping Duty Order Assistant Secretary for Enforcement and Compliance. final determination, pursuant to section On April 15, 2019, in accordance with 735(d) of the Act, that an industry in the [FR Doc. 2019–08956 Filed 5–1–19; 8:45 am] sections 735(b)(1)(A)(i) and 735(d) of the United States is materially injured Act, the ITC notified Commerce of its BILLING CODE 3510–DS–P within the meaning of section final determination in this investigation, 735(b)(1)(A)(i) of the Act, by reason of in which it found that imports of DEPARTMENT OF COMMERCE LTFV imports of welded line pipe and welded line pipe and welded structural welded structural pipe from Turkey.3 pipe from Turkey are materially injuring International Trade Administration Additionally, the ITC made a a U.S. industry.8 As a result, and in negligibility determination with respect accordance with sections 735(c)(2) and [A–489–833] to stainless steel pipe.4 Commerce 736 of the Act, we are publishing this Large Diameter Welded Pipe From the released draft revised scope language for antidumping duty order. As noted Republic of Turkey: Amended Final comment by parties.5 No party objected above, in its determination, the ITC Affirmative Antidumping Duty to the revised scope language in this found three domestic like products Determination and Antidumping Duty proceeding. covered by the scope of the investigation: welded line pipe, welded Order Scope of the Order structural pipe, and stainless steel pipe. AGENCY: Enforcement and Compliance, The products covered by this order The ITC found that that imports of International Trade Administration, are welded line pipe and welded stainless steel pipe from Turkey are Department of Commerce. structural pipe from Turkey. For a negligible. The ITC made affirmative SUMMARY: Based on affirmative final complete description of the scope of this determinations with respect to welded determinations by the Department of order, see the Appendix to this notice. line pipe and welded structural pipe Commerce (Commerce) and the from Turkey. Because the ITC made International Trade Commission (ITC), 1 See Large Diameter Welded Pipe from the distinct and different injury Commerce is issuing an antidumping Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 84 FR 6362 (February 27, determinations for separate domestic duty order on large diameter welded 2019). like products, Commerce will instruct carbon and alloy steel line and 2 Id. U.S. Customs and Border Protection structural pipe from the Republic of 3 See ITC Notification Letter regarding ITC (CBP) to assess antidumping duties on Turkey (Turkey). In addition, Commerce Investigation Nos. 701–TA–595–596 and 731–TA– entries of welded line pipe and welded is amending its final affirmative 1401, 1403, 1405–1406, dated April 15, 2019 (ITC Notification); see also Large Diameter Welded Pipe structural pipe (subject merchandise) determination. from Canada, Greece, Korea, and Turkey; DATES: Applicable May 2, 2019. Determinations, 84 FR 16533 (April 19, 2019) (ITC 6 See section 735(e) of the Act and 19 CFR Final Determination); and Large Diameter Welded 351.224(f). FOR FURTHER INFORMATION CONTACT: Pipe from Canada, Greece, Korea, and Turkey, 7 See ‘‘Memorandum, ‘‘Less-Than-Fair-Value Rebecca M. Janz at (202) 482–2972 or Investigation Nos. 701–TA–595–596 and 731–TA– Investigation of Large Diameter Welded Pipe from 1401, 1403, 1405–1406 (Final), Publication 4883, the Republic of Turkey: Allegation of Ministerial 25 Commerce intends to issue its preliminary April 2019 (Final ITC Report). Errors in the Final Determination,’’ dated April 1, determinations concerning the sales at less than fair 4 See ITC Notification. 2019. value investigations no later than May 28, 2019. See 5 See Memorandum, ‘‘Comments on the Scope of 8 See ITC Notification; and ITC Final Postponement Notice. the Orders,’’ dated April 5, 2019. Determination.

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from Turkey, and not on entries of Welded Structural Pipe Commerce will direct CBP to terminate stainless steel pipe (excluded The Final ITC Report describes the suspension of liquidation for entries merchandise) from Turkey. welded structural pipe as a tubular of stainless steel pipe from Turkey entered, or withdrawn from warehouse, Welded Line Pipe product produced from carbon and alloy steel, produced to American Society for and to refund all cash deposits with The Final ITC Report describes Testing and Materials (ASTM) respect to these entries pursuant to welded line pipe as a tubular product specifications, and designed for support section 735(c)(2) of the Act. 12 produced from carbon and alloy steel, in construction projects and piling. Suspension of Liquidation produced to American Petroleum Because the ITC determined that LTFV Institute (API) 5L specifications, and imports of welded structural pipe from In accordance with section 736 of the designed for conveying liquids and Turkey are materially injuring a U.S. Act, Commerce will direct CBP to 13 gases.9 Because the ITC determined that industry, all unliquidated entries of reinstitute the suspension of liquidation subject merchandise from Turkey, LTFV imports of welded line pipe from of subject merchandise (i.e., welded line entered or withdrawn from warehouse, Turkey are materially injuring a U.S. pipe and welded structural pipe) from 10 are subject to the assessment of Turkey, effective the date of publication industry, all unliquidated entries of antidumping duties, as described below. subject merchandise from Turkey, of the ITC Final Determination in the As a result of the ITC Final Federal Register, and to assess, upon entered or withdrawn from warehouse, Determination, in accordance with are subject to the assessment of further instruction by Commerce section 736(a) of the Act, Commerce pursuant to section 736(a)(1) of the Act, antidumping duties, as described below. will direct CBP to assess, upon further antidumping duties for each entry of the As a result of the ITC Final instruction by Commerce, antidumping subject merchandise equal to the Determination, in accordance with duties for all relevant entries of welded amount by which the normal value of section 736(a) of the Act, Commerce structural pipe from Turkey. the merchandise exceeds the export Antidumping duties will be assessed on will direct CBP to assess, upon further price (or constructed export price) of the unliquidated entries of welded instruction by Commerce, antidumping merchandise. We intend to instruct CBP structural pipe from Turkey entered, or duties equal to the amount by which the to require, at the same time as importers withdrawn from warehouse, for normal value of the merchandise would normally deposit estimated consumption on or after August 27, exceeds the export price (or constructed 2018, the date of publication of the import duties on this merchandise, cash export price) of the merchandise for all Preliminary Determination,14 but will deposits for each entry of subject relevant entries of welded line pipe not be assessed on entries occurring merchandise equal to the rates noted from Turkey. Antidumping duties will after the expiration of the provisional below. These instructions suspending be assessed on unliquidated entries of measures period, beginning on February liquidation will remain in effect until welded line pipe from Turkey entered, 23, 2019, in accordance with section further notice. For the purpose of or withdrawn from warehouse, for 733(d) of the Act, until the date of determining cash deposit rates, the consumption on or after August 27, publication of the ITC Final estimated weighted average dumping 2018, the date of publication of the Determination in the Federal Register. margins for imports of subject Preliminary Determination,11 but will merchandise from Turkey have been Stainless Steel Pipe not be assessed on entries occurring adjusted, as appropriate, for export after the expiration of the provisional The Final ITC Report describes subsidies found in the final measures period, beginning on February stainless steel pipe as being produced determination of the companion 23, 2019, in accordance with section from stainless steel for its high-chrome countervailing duty investigation of this chemistry and corrosion-resistant merchandise imported from Turkey. 733(d) of the Act, until the date of 15 publication of the ITC Final properties. Because the ITC The all-others rate applies to all determined that imports of stainless producers or exporters not specifically Determination in the Federal Register. steel pipe from Turkey are negligible,16 listed.

Estimated Cash weighted- deposit rate average (adjusted Company dumping for subsidy margin offset(s)) (percent) (percent)

Borusan Mannesmann Boru Sanayi ve Ticaret A.S...... 5.11 5.11 HDM Celik Boru Sanayi ve Ticaret A.S...... 2.57 1.57 All Others ...... 4.47 3.47

Notification to Interested Parties 736(a) of the Act. Interested parties can This amended final determination find a list of antidumping duty orders and order is published in accordance This notice constitutes the currently in effect at http:// with sections 735(e) and 736(a) of the antidumping duty order with respect to enforcement.trade.gov/stats/ Act, and 19 CFR 351.211(b) and welded line pipe and welded structural iastats1.html. 351.224(e) and (f). pipe from Turkey pursuant to section

9 See Final ITC Report at 7. Sales at Less than Fair Value and Postponement of 13 Id. at 1 and 5. 10 Id. at 1 and 5. Final Determination, 83 FR 43646, August 27, 2018 14 See Preliminary Determination. 11 See Large Diameter Welded Pipe from the (Preliminary Determination). 15 See Final ITC Report at 7. Republic of Turkey: Preliminary Determination of 12 See Final ITC Report at 7. 16 Id. at 1–2 and 5.

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Dated: April 23, 2019. description of the scope of this order is progress on attainment of program goals James Maeder, dispositive. via the online CRM/Performance Associate Deputy Assistant Secretary for [FR Doc. 2019–08953 Filed 5–1–19; 8:45 am] Databases. The data collected through Antidumping and Countervailing Duty BILLING CODE 3510–DS–P the Online CRM/Performance Databases Operations performing the duties of Deputy is used to regularly monitor and Assistant Secretary for Antidumping and evaluate the progress of MBDA’s funded Countervailing Duty Operations. DEPARTMENT OF COMMERCE programs, to provide the Department Appendix and OMB with a summary of the Minority Business Development quantitative information that it requires Scope of the Order Agency about government supported programs, The merchandise covered by this order is Submission for OMB Review; and to implement the GPRA. This welded carbon and alloy steel pipe (other Comment Request information may be summarized and than stainless steel pipe), more than 406.4 included in an annual report, which mm (16 inches) in nominal outside diameter The Department of Commerce will may be made available to the public, or (large diameter welded pipe), regardless of submit to the Office of Management and used to support federal government wall thickness, length, surface finish, grade, Budget (OMB) for clearance the research studies regarding minority end finish, or stenciling. Large diameter following proposal for collection of business development issues. welded pipe may be used to transport oil, information under the provisions of the Affected Public: Individuals or gas, slurry, steam, or other fluids, liquids, or Paperwork Reduction Act (44 U.S.C. households; Business or other for-profit gases. It may also be used for structural Chapter 35). organizations; Not-for-profit purposes, including, but not limited to, Agency: Minority Business institutions; State, Local, or Tribal piling. Specifically, not included is large Development Agency. diameter welded pipe produced only to government; Federal government. Title: Online Customer Relationship specifications of the American Water Works Frequency: On occasion, semi- Association (AWWA) for water and sewage Management (CRM)/Performance annually, annually. pipe. Database. Respondent’s Obligation: Voluntary. Large diameter welded pipe used to OMB Control Number: 0640–0002. This information collection request transport oil, gas, or natural gas liquids is Form Number(s): 0640–002. may be viewed at reginfo.gov. Follow normally produced to the American Type of Request: Regular Submission. the instructions to view Department of Petroleum Institute (API) specification 5L. Number of Respondents: 2,633. Commerce collections currently under Average Hours per Response: 1 to 210 Large diameter welded pipe may also be review by OMB. produced to American Society for Testing minutes depending upon function. Written comments and and Materials (ASTM) standards A500, A252, Burden Hours: 4,516. recommendations for the proposed or A53, or other relevant domestic Needs and Uses: This request is for a information collection should be sent specifications, grades and/or standards. Large revision with a change to a current within 30 days of publication of this diameter welded pipe can be produced to information collection. This collection notice to OIRA_Submission@ comparable foreign specifications, grades involves the inclusion of a new group of omb.eop.gov or fax to (202) 395–5806. and/or standards or to proprietary federal financial assistance recipients. specifications, grades and/or standards, or In Fiscal Year 2018, MBDA incorporated Sheleen Dumas, can be non-graded material. All pipe meeting grants into the service delivery model Departmental Lead PRA Officer, Office of the the physical description set forth above is for the agency. The client transaction Chief Information Officer, Commerce covered by the scope of this order, whether and verification forms in use for the Department. or not produced according to a particular business center program may also be [FR Doc. 2019–08967 Filed 5–1–19; 8:45 am] standard. used to collect information about the BILLING CODE 3510–21–P Subject merchandise also includes large effectiveness of other grant programs diameter welded pipe that has been further funded by the agency. The forms processed in a third country, including but include a statement regarding MBDA’s DEPARTMENT OF COMMERCE not limited to coating, painting, notching, intended use by MBDA and transfer of beveling, cutting, punching, welding, or any National Oceanic and Atmospheric the information collected to other other processing that would not otherwise Administration remove the merchandise from the scope of federal agencies to allow for research RIN 0648–XG879 the order if performed in the country of studies on minority businesses. The manufacture of the in-scope large diameter form itself has not been revised but will be used by the new recipients. As part Takes of Marine Mammals Incidental to welded pipe. Specified Activities; Taking Marine Excluded from the scope are any products of its national service delivery system, covered by the existing antidumping duty MBDA awards cooperative agreements Mammals Incidental to Site order on welded line pipe from the Republic each year to fund the provision of Characterization Surveys off the Coast of Turkey. See Welded Line Pipe from the business development services to of New York Republic of Korea and the Republic of eligible minority business enterprises AGENCY: National Marine Fisheries Turkey: Antidumping Duty Orders, 80 FR (MBEs). The recipient of each Service (NMFS), National Oceanic and 75056 (December 1, 2015). cooperative agreement or grant is Atmospheric Administration (NOAA), The large diameter welded pipe that is competitively selected to operate one of subject to this order is currently classifiable Commerce. the following programs: (1) An MBDA ACTION: Notice; issuance of an incidental in the Harmonized Tariff Schedule of the Business Center; (2) an American Indian United States (HTSUS) under subheadings harassment authorization Renewal. Alaska Native Native Hawaiian) 7305.11.1030, 7305.11.1060, 7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000, (AIANNH) Center, or (most recently) (3) SUMMARY: In accordance with the 7305.19.1030, 7305.19.1060, 7305.19.5000, a broad agency grants. In accordance regulations implementing the Marine 7305.31.4000, 7305.31.6090, 7305.39.1000 with the Government Performance Mammal Protection Act (MMPA), as and 7305.39.5000. While the HTSUS Results Act (GPRA), MBDA requires all amended, notification is hereby given subheadings are provided for convenience program grant recipients to report basic that NMFS has issued an incidental and customs purposes, the written client information, service activities and harassment authorization (IHA)

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Renewal to Equinor Wind US LLC to meaning of key terms such as ‘‘take,’’ IHA, is provided to allow for any incidentally harass marine mammals ‘‘harassment,’’ and ‘‘negligible impact’’ additional comments on the proposed incidental to marine site can be found in section 3 of the MMPA Renewal. A description of the Renewal characterization surveys off the coast of (16 U.S.C. 1362) and the agency’s process may be found on our website at: New York in the area of the Commercial regulations at 50 CFR 216.103. www.fisheries.noaa.gov/national/ Lease of Submerged Lands for The NDAA (Pub. L. 108–136) marine-mammal-protection/incidental- Renewable Energy Development on the removed the ‘‘small numbers’’ and harassment-authorization-renewals. ‘‘specified geographical region’’ Outer Continental Shelf (OCS–A 0512) History of Request and coastal waters where cable route limitations indicated above and corridors will be established. amended the definition of ‘‘harassment’’ On April 24, 2018, NMFS issued an IHA to Statoil Wind U.S. LLC, to take DATES: This IHA Renewal is valid from as it applies to a ‘‘military readiness April 25, 2019 through April 24, 2020. activity.’’ marine mammals incidental to marine NMFS’ regulations implementing the site characterization surveys off the FOR FURTHER INFORMATION CONTACT: MMPA at 50 CFR 216.107(e) indicate coast of New York in the area of the Jordan Carduner, Office of Protected that IHAs may be renewed for Commercial Lease of Submerged Lands Resources, NMFS, (301) 427–8401. additional periods of time not to exceed for Renewable Energy Development on Electronic copies of the original one year for each reauthorization. In the the Outer Continental Shelf (OCS–A application, Renewal request, and notice of proposed IHA for the initial 0512) and coastal waters where cable supporting documents (including NMFS authorization, NMFS described the route corridors will be established, Federal Register notices of the original circumstances under which we would effective from April 24, 2018, through proposed and final authorizations, and consider issuing a Renewal for this April 23, 2019 (83 FR 19532; May 3, the previous IHA), as well as a list of the activity, and requested public comment 2018). On February 21, 2019, NMFS references cited in this document, may on a potential Renewal under those received an application for the Renewal be obtained online at: circumstances. Specifically, on a case- of that IHA. As described in the www.fisheries.noaa.gov/permit/ by-case basis, NMFS may issue a one- application for Renewal, the activities incidental-take-authorizations-under- year IHA Renewal when (1) another year authorized in the initial IHA would not marine-mammal-protection-act. In case of identical or nearly identical activities be completed by the time that IHA of problems accessing these documents, as described in the Specified Activities expires and a second IHA would allow please call the contact listed above. section is planned or (2) the activities for completion of the activities beyond SUPPLEMENTARY INFORMATION: would not be completed by the time the that described in the Dates and Duration Background IHA expires and a second IHA would section of the initial IHA. As required, allow for completion of the activities the applicant also provided a The Marine Mammal Protection Act beyond that described in the Dates and preliminary monitoring report (available (MMPA) prohibits the ‘‘take’’ of marine Duration section of the initial IHA. All at www.fisheries.noaa.gov/action/ mammals, with certain exceptions. of the following conditions must be met incidental-take-authorization-statoil- Sections 101(a)(5)(A) and (D) of the in order to issue a Renewal: wind-site-characterization-surveys- MMPA (16 U.S.C. 1361 et seq.) direct • A request for Renewal is received offshore-new-york) which confirms that the Secretary of Commerce (as delegated no later than 60 days prior to expiration the applicant has implemented the to NMFS) to allow, upon request, the of the current IHA; required mitigation and monitoring, and incidental, but not intentional, taking of • The request for Renewal must which also shows that no impacts of a small numbers of marine mammals by include the following: scale or nature not previously analyzed U.S. citizens who engage in a specified (1) An explanation that the activities or authorized have occurred as a result activity (other than commercial fishing) to be conducted beyond the initial dates of the activities conducted. Since the within a specified geographical region if either are identical to the previously initial IHA was issued, Statoil Wind certain findings are made and either analyzed activities or include changes U.S. LLC has changed the name under regulations are issued or, if the taking is so minor (e.g., reduction in pile size) which the company operates to Equinor limited to harassment, a notice of a that the changes do not affect the Wind U.S. LLC (Equinor). proposed incidental take authorization previous analyses, take estimates, or is provided to the public for review. Description of the Specified Activities mitigation and monitoring and Anticipated Impacts Authorization for incidental takings requirements; and shall be granted if NMFS finds that the (2) A preliminary monitoring report Equinor plans to continue their taking will have a negligible impact on showing the results of the required marine site characterization surveys in the species or stock(s) and will not have monitoring to date and an explanation the approximately 79,350-acre Lease an unmitigable adverse impact on the showing that the monitoring results do Area located approximately 11.5 availability of the species or stock(s) for not indicate impacts of a scale or nature nautical miles (nm) from Jones Beach, taking for subsistence uses (where not previously analyzed or authorized; New York and along cable route relevant). Further, NMFS must prescribe • Upon review of the request for corridors between the Lease Area and the permissible methods of taking and Renewal, the status of the affected New York. Water depths across the other ‘‘means of effecting the least species or stocks, and any other Lease Area range from approximately 22 practicable adverse impact’’ on the pertinent information, NMFS to 41 meters (m) (72 to 135 feet (ft)) affected species or stocks and their determines that there are no more than while the cable route corridors extend to habitat, paying particular attention to minor changes in the activities, the shallow water areas near landfall rookeries, mating grounds, and areas of mitigation and monitoring measures locations. The specified activities similar significance, and on the remain the same and appropriate, and described for this renewal are an availability of such species or stocks for the initial findings remain valid. identical subset of the activities covered taking for certain subsistence uses An additional public comment period by the initial 2018 IHA. The purpose of (referred to here as ‘‘mitigation of 15 days (for a total of 45 days), with the surveys are to support the siting, measures’’). Monitoring and reporting of direct notice by email, phone, or postal design, and deployment of up to three such takings are also required. The service to commenters on the initial meteorological data buoy deployment

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areas and to obtain a baseline wind-site-characterization-surveys- other new information affects our initial assessment of seabed/sub-surface soil offshore-new-york. analysis of impacts on marine mammals conditions in the Lease Area and cable and their habitat. Detailed Description of the Activity route corridors to support the siting of Estimated Take a proposed offshore wind farm. NMFS As described above, Equinor was not previously published notices of able to complete the surveys analyzed in A detailed description of the methods proposed IHA (83 FR 7655; February 22, the initial IHA by the date that IHA is and inputs used to estimate take for the 2018) and issued IHA (83 FR 19532; set to expire (April 23, 2019). As such, specified activity are found in the May 3, 2018). These documents, as well the surveys Equinor plans to conduct in Notices of issued IHA for the initial as Equinor’s initial IHA application and 2019 would be a continuation of the authorization. The HRG equipment that the preliminary monitoring report for surveys as described in the initial 2018 may result in take, as well as the source the previously issued IHA, are available IHA and would be identical to the levels, marine mammal stocks taken, at: www.fisheries.noaa.gov/action/ activities analyzed in the initial IHA marine mammal density data and the incidental-take-authorization-statoil- (same location, equipment, methods, methods of take estimation applicable to wind-site-characterization-surveys- and seasonality). The initial IHA this authorization remain unchanged offshore-new-york. analyzed the potential impacts to from the previously issued IHA. Similarly, the anticipated impacts are marine mammals from a total of 142 As described above, Equinor identical to those described in the initial survey days. Equinor completed a total completed 86 survey days in 2018 and IHA. Specifically, we anticipate the take of 86 operational survey days in 2018, anticipates the need for an additional 56 of 11 marine mammal stocks (including and anticipates a total of 56 operational survey days in 2019 to complete their nine cetacean and two pinniped stocks), survey days will be required to survey. As the number of survey days by Level B harassment only, incidental complete the survey campaign in 2019 remaining is less than the number of to the site characterization surveys due following issuance of the IHA Renewal, survey days analyzed in the previous to exposure to noise resulting from high if renewed. Thus, the total duration of IHA, the number of takes estimated to resolution geophysical (HRG) survey the surveys conducted in 2018 and 2019 occur in 2019, and authorized, has equipment. Equinor was not able to combined would not exceed the total changed from the number of takes complete the site characterization duration described and analyzed in the authorized in the initial IHA (Table 7 in surveys analyzed in the initial IHA by previously issued IHA (142 days total). the initial IHA). the date that IHA is set to expire and This Renewal is effective for a period Equinor has already completed 60.5 anticipates the need for an additional 56 of one year from the date of issuance. percent of the planned total survey days that were analyzed in the initials IHA operational survey days to complete the Description of Marine Mammals survey campaign in 2019. (i.e., 86 of a total of 142 total survey The following documents are A description of the marine mammals days). Thus 39.5 percent of the total referenced in this notice and include in the area of the activities for which survey days analyzed in the previous important supporting information, and authorization of take is issued here (and IHA remain to be completed in 2019 may be found at the indicated location: listed in Table 1 below), including (i.e., 56 of a total of 142 total survey • Initial Proposed IHA: Takes of information on abundance, status, days). We therefore anticipate that the Marine Mammals Incidental to distribution, and hearing, may be found number of takes that may occur as a Specified Activities; Taking Marine in the Notice of issued IHA (83 FR result of the remaining survey days in Mammals Incidental to Site 19532; May 3, 2018) for the initial 2019 will represent 39.5 percent of the Characterization Surveys off of New authorization. NMFS has reviewed the total take that was expected to occur York (83 FR 7655; February 22, 2018). monitoring data from the initial IHA, during the entire duration of the survey Available at: www.fisheries.noaa.gov/ recent draft Stock Assessment Reports, (total 142 days) and was authorized in action/incidental-take-authorization- information on relevant Unusual the initial IHA. The number of takes statoil-wind-site-characterization- Mortality Events, and other scientific expected to occur during the remaining surveys-offshore-new-york; literature, and determined that neither 56 survey days in 2019, and authorized, • Initial Final IHA. Takes of Marine this nor any other new information are shown in Table 1. Mammals Incidental to Specified affects which species or stocks have the Activities; Taking Marine Mammals potential to be affected or the pertinent TABLE 1—NUMBER OF TAKES Incidental to Site Characterization information in the Description of the AUTHORIZED Surveys off of New York (83 FR 19532; Marine Mammals in the Area of May 3, 2018). Available at: Specified Activities contained in the Species Level B takes www.fisheries.noaa.gov/action/ supporting documents for the initial incidental-take-authorization-statoil- IHA. North Atlantic right whale ..... 7 Humpback whale ...... 9 wind-site-characterization-surveys- Potential Effects on Marine Mammals Fin whale ...... 38 offshore-new-york; • and Their Habitat Sperm whale ...... 2 Preliminary Monitoring Report from Minke whale ...... 15 Initial IHA. Available at: A description of the potential effects Bottlenose dolphin ...... 615 www.fisheries.noaa.gov/action/ of the specified activity on marine Common dolphin ...... 668 incidental-take-authorization-statoil- mammals and their habitat for the Atlantic white-sided dolphin .. 169 wind-site-characterization-surveys- activities for which take is authorized Harbor porpoise ...... 892 offshore-new-york; and here may be found in the Notice of Harbor seal ...... 1,144 • Environmental Assessment (EA). issued IHA for the initial authorization. Gray seal ...... 1,144 Issuance of an Incidental Harassment NMFS has reviewed the monitoring data Authorization to Statoil Wind U.S. LLC from the initial IHA, recent draft Stock Description of Mitigation, Monitoring for Site Characterization Surveys off the Assessment Reports, information on and Reporting Measures Coast of New York. Available at: relevant Unusual Mortality Events, and The mitigation, monitoring, and www.fisheries.noaa.gov/action/ other scientific literature, and reporting measures included as incidental-take-authorization-statoil- determined that neither this nor any requirements in this authorization are

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identical to those included in the Notice will be monitored by PSOs, using the equipment capable of adjusting energy announcing the issuance of the initial appropriate visual technology for a 30- levels at the start or re-start of HRG IHA, and the discussion of the least minute period. HRG survey equipment survey activities. The ramp-up practicable adverse impact included in will not be initiated if marine mammals procedure will be used at the beginning that document remains accurate. The are observed within or approaching the of HRG survey activities in order to following measures are included in this relevant EZs during this pre-clearance provide additional protection to marine IHA renewal: period. If a marine mammal is observed mammals near the survey area by within or approaching the relevant EZ allowing them to vacate the area prior Marine Mammal Exclusion and Watch during the pre-clearance period, ramp- to the commencement of survey Zones up will not begin until the animal(s) has equipment use at full energy. A ramp- As required in the Bureau of Ocean been observed exiting the EZ or until an up will begin with the power of the Energy Management (BOEM) lease, additional time period has elapsed with smallest acoustic equipment at its marine mammal exclusion zones (EZ) no further sighting of the animal (15 lowest practical power output will be established around the HRG minutes for small delphinoid cetaceans appropriate for the survey. When survey equipment and monitored by and pinnipeds and 30 minutes for all technically feasible the power will then protected species observers (PSO) other species). This pre-clearance be gradually turned up and other during HRG surveys as follows: requirement will include small acoustic sources added in a way such • 50 m EZ for pinnipeds and delphinoids that approach the vessel that the source level would increase delphinids (except harbor porpoises); (e.g., bow ride). PSOs will also continue gradually. • 100 m EZ for large whales including to monitor the zone for 30 minutes after Shutdown Procedures sperm whales and mysticetes (except survey equipment is shut down or North Atlantic right whales) and harbor survey activity has concluded. As required in the BOEM lease, if a porpoises; marine mammal is observed within or • 500 m EZ for North Atlantic right Passive Acoustic Monitoring approaching the relevant EZ (as whales. As required in the BOEM lease, PAM described above) an immediate In addition, PSOs will visually will be required during HRG surveys shutdown of the survey equipment is monitor for all marine mammals to the conducted at night. In addition, PAM required. Subsequent restart of the extent of a 500 m ‘‘Watch Zone’’ or as systems will be employed during survey equipment may only occur after far as possible if the extent of the Watch daylight hours as needed to support the animal(s) has either been observed Zone is not fully visible. system calibration and PSO and PAM exiting the relevant EZ or until an team coordination, as well as in support additional time period has elapsed with Visual Monitoring of efforts to evaluate the effectiveness of no further sighting of the animal (e.g., As per the BOEM lease, visual and the various mitigation techniques (i.e., 15 minutes for delphinoid cetaceans acoustic monitoring of the established visual observations during day and and pinnipeds and 30 minutes for all exclusion and monitoring zones will be night, compared to the PAM detections/ other species). HRG survey equipment performed by qualified and NMFS- operations). PAM operators will also be may continue operating if small approved PSOs. It will be the on call as necessary during daytime delphinids voluntarily approach the responsibility of the Lead PSO on duty operations should visual observations vessel (e.g., to bow ride) when HRG to communicate the presence of marine become impaired. BOEM’s lease survey equipment is operating. mammals as well as to communicate stipulations require the use of PAM As required in the BOEM lease, if the and enforce the action(s) that are during nighttime operations. However, HRG equipment shuts down for reasons necessary to ensure mitigation and these requirements do not require that other than mitigation (i.e., mechanical monitoring requirements are any mitigation action be taken upon or electronic failure) resulting in the implemented as appropriate. PSOs will acoustic detection of marine mammals. cessation of the survey equipment for a be equipped with binoculars and have Given the range of species that could period greater than 20 minutes, a 30 the ability to estimate distances to occur in the survey area, the PAM minute pre-clearance period (as marine mammals located in proximity system will consist of an array of described above) will precede the restart to the vessel and/or exclusion zone hydrophones with both broadband of the HRG survey equipment. If the using range finders. Reticulated (sampling mid-range frequencies of 2 pause is less than 20 minutes, the binoculars will also be available to PSOs kHz to 200 kHz) and at least one low- equipment may be restarted as soon as for use as appropriate based on frequency hydrophone (sampling range practicable at its full operational level conditions and visibility to support the frequencies of 75 Hz to 30 kHz). The only if visual surveys were continued siting and monitoring of marine species. PAM operator will monitor the diligently throughout the silent period Digital single-lens reflex camera hydrophone signals in real time both and the EZs remained clear of marine equipment will be used to record aurally (using headphones) and visually mammals during that entire period. If sightings and verify species (via the monitor screen displays). The visual surveys were not continued identification. During surveys PAM operator will communicate diligently during the pause of 20 conducted at night, night-vision detections to the Lead PSO on duty who minutes or less, a 30-minute pre- equipment and infrared technology will will ensure the implementation of the clearance period (as described above) be available for PSO use, and Passive appropriate mitigation procedures. A will precede the re-start of the HRG Acoustic Monitoring (PAM) will be mitigation and monitoring survey equipment. Following a used. communications flow diagram has been shutdown, HRG survey equipment may included as Appendix C of the IHA be restarted following pre-clearance of Pre-Clearance of the Exclusion Zone application. the zones as described above. For all HRG survey activities, Equinor will implement a 30-minute pre- Ramp-Up of Survey Equipment Vessel Strike Avoidance clearance period of the relevant EZs As required in the BOEM lease, where Equinor will ensure that vessel prior to the initiation of HRG survey technically feasible, a ramp-up operators and crew maintain a vigilant equipment. During this period the EZs procedure will be used for HRG survey watch for cetaceans and pinnipeds by

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slowing down or stopping the vessel to and avoid excessive speed or abrupt not expected to appreciably reduce avoid striking marine mammals. Survey changes in direction. Any vessel migratory habitat nor to negatively vessel crew members responsible for underway will reduce vessel speed to 10 impact the migration of North Atlantic navigation duties will receive site- knots (18.5 km/hr) or less when pods right whales, thus mitigation to address specific training on marine mammal (including mother/calf pairs) or large the survey’s occurrence in North sighting/reporting and vessel strike assemblages of delphinoid cetaceans are Atlantic right whale migratory habitat is avoidance measures. Vessel strike observed. Vessels may not adjust course not warranted. Further, we believe the avoidance measures will include, but and speed until the delphinoid mitigation measures are practicable for are not limited to, the following, as cetaceans have moved beyond 50 m the applicant to implement. required in the BOEM lease, except and/or the abeam of the underway Based on our evaluation of the under circumstances when complying vessel; applicant’s measures, NMFS has with these requirements would put the • All vessels underway will not determined that the mitigation measures safety of the vessel or crew at risk: divert or alter course in order to provide the means of effecting the least • All vessel operators and crew will approach any whale, delphinoid practicable impact on the affected maintain vigilant watch for cetaceans cetacean, or pinniped. Any vessel species or stocks and their habitat, and pinnipeds, and slow down or stop underway will avoid excessive speed or paying particular attention to rookeries, their vessel to avoid striking these abrupt changes in direction to avoid mating grounds, and areas of similar protected species; injury to the sighted cetacean or significance. • All vessel operators will comply pinniped; and with 10 knot (18.5 kilometers (km)/hr) • All vessels will maintain a Public Comments or less speed restrictions in any SMA separation distance of 50 m (164 ft) or A notice of NMFS’ proposal to issue per NOAA guidance. This applies to all greater from any sighted pinniped. a Renewal to Equinor was published in vessels operating at any time of year; Confirmation of the training and the Federal Register on April 4, 2019 • All vessel operators will reduce understanding of the requirements will (84 FR 13246). That notice either vessel speed to 10 knots (18.5 km/hr) or be documented on a training course log described, or referenced descriptions of, less when any large whale, any mother/ sheet. Signing the log sheet will certify Equinor’s activity, the marine mammal calf pairs, pods, or large assemblages of that the crew members understand and species that may be affected by the non-delphinoid cetaceans are observed will comply with the necessary activity, the anticipated effects on near (within 100 m (330 ft)) an requirements throughout the survey marine mammals and their habitat, underway vessel; event. proposed amount and manner of take, • All survey vessels will maintain a and proposed mitigation, monitoring Seasonal Operating Requirements separation distance of 500 m (1640 ft) or and reporting measures. NMFS did not greater from any sighted North Atlantic Between watch shifts, members of the receive any substantive public right whale; monitoring team will consult NMFS’ comments. NMFS received comment • If underway, vessels must steer a North Atlantic right whale reporting letters from the Marine Mammal course away from any sighted North systems for the presence of North Commission (Commission) and a group Atlantic right whale at 10 knots (18.5 Atlantic right whales throughout survey of non-governmental organizations km/hr) or less until the 500 m (1640 ft) operations. However, the survey (including Natural Resources Defense minimum separation distance has been activities will occur outside of the SMA Council, Wildlife Conservation Society, established. If a North Atlantic right located off the coasts of New Jersey and National Wildlife Federation, Southern whale is sighted in a vessel’s path, or New York. Members of the monitoring Environmental Law Center, Mass within 100 m (330 ft) to an underway team will monitor the NMFS North Audubon, NY4WHALES, Whale and vessel, the underway vessel must reduce Atlantic right whale reporting systems Dolphin Conservation, Defenders of speed and shift the engine to neutral. for the establishment of a Dynamic Wildlife, Surfrider Foundation, Nassau Engines will not be engaged until the Management Area (DMA). If NMFS Hiking & Outdoor Club, Conservation North Atlantic right whale has moved should establish a DMA in the survey Law Foundation, and International outside of the vessel’s path and beyond area, within 24 hours of the Fund for Animal Welfare) (NGOs). The 100 m. If stationary, the vessel must not establishment of the DMA Equinor will comments and our responses are engage engines until the North Atlantic work with NMFS to shut down and/or summarized below. right whale has moved beyond 100 m; alter the survey activities to avoid the Comment 1: The NGOs stated that a • All vessels will maintain a DMA. commitment on the part of Equinor to separation distance of 100 m (330 ft) or The mitigation measures are designed limit vessel speeds to a maximum of 10 greater from any sighted non-delphinoid to avoid the already low potential for knots, to the extent possible, as well as cetacean. If sighted, the vessel injury in addition to some Level B when the survey area is designated as a underway must reduce speed and shift harassment, and to minimize the Seasonal Management Area (SMA) or a the engine to neutral, and must not potential for vessel strikes. There are no Dynamic Management Area (DMA), engage the engines until the non- known marine mammal feeding areas, should be incorporated by NMFS into delphinoid cetacean has moved outside rookeries, or mating grounds in the the IHA. of the vessel’s path and beyond 100 m. survey area that would otherwise Response: NMFS has analyzed the If a survey vessel is stationary, the potentially warrant increased mitigation potential for ship strike resulting from vessel will not engage engines until the measures for marine mammals or their Equinor’s activity and has determined non-delphinoid cetacean has moved out habitat (or both). The survey will occur that the mitigation measures specific to of the vessel’s path and beyond 100 m; in an area that has been identified as a ship strike avoidance are sufficient to • All vessels will maintain a biologically important area for migration avoid the potential for ship strike, and separation distance of 50 m (164 ft) or for North Atlantic right whales. it is not authorized. These include: A greater from any sighted delphinoid However, given the small spatial extent requirement that all vessel operators cetacean. Any vessel underway will of the survey area relative to the comply with 10 knot (18.5 kilometer remain parallel to a sighted delphinoid substantially larger spatial extent of the (km)/hr) or less speed restriction in any cetacean’s course whenever possible, right whale migratory area, the survey is Seasonal Management Area (SMA); a

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requirement that Equinor must work small harassment zone) are considered result from such restrictions, suggests with NMFS to alter survey activities to in concert with the potential increased time and area restrictions are not avoid any DMAs as appropriate; a costs on the part of the applicant that warranted in this case. Existing requirement to reduce vessel speed to would result from such a requirement, mitigation measures, including 10 knots or less when any large whale, we have determined a requirement for exclusion zones, ramp-up of survey any mother/calf pairs, pods, or large 24-hour PAM operation is not warranted equipment, and vessel strike avoidance assemblages of non-delphinoid in this case. measures, are sufficiently protective to cetaceans are observed within 100 m of Comment 4: The NGOs recommended ensure the least practicable adverse an underway vessel; and a requirement that NMFS impose a restriction on site impact on species or stocks and their that all survey vessels maintain a assessment and characterization habitat. Finally, it should be noted that, separation distance of 500 m or greater activities that have the potential to given both the timing of the issuance of from any sighted North Atlantic right injure or harass the North Atlantic right this IHA Renewal and the anticipated whale. We have determined that the whale from November 1st to April 30th duration of remaining survey days (i.e., ship strike avoidance measures are in the New York Bight and that NMFS 56 days), it is unlikely that Equinor’s sufficient to ensure the least practicable address potential impacts to other planned surveys would occur for more adverse impact on species or stocks and species like endangered fin whales and than a few days (if at all) within the their habitat. We also note that vessel blue whales. period that the commenters have strike during surveys is extremely Response: In evaluating how recommended for seasonal closure (i.e., unlikely based on the low vessel speed; mitigation may or may not be November through April). the survey vessel would maintain a appropriate to ensure the least With respect to the recommendation speed of approximately 4 knots (7.4 practicable adverse impact on species or that NMFS ‘‘address potential impacts kilometers per hour) while transiting stocks and their habitat, we carefully to other species like endangered fin survey lines. consider two primary factors: (1) The whales and blue whales’’, we note that Comment 2: The NGOs recommended manner in which, and the degree to we have thoroughly analyzed potential that NMFS require an exclusion zone which, the successful implementation of impacts to fin whales, as described in (EZ) of at least 1,000 m for North the measure(s) is expected to reduce detail in the Federal Register notices of Atlantic right whales. impacts to marine mammals, marine the original proposed and final Response: The results of sound source mammal species or stocks, and their authorizations; blue whales are not verification conducted by Equinor habitat; and (2) the practicability of the anticipated to occur in the project area. during surveys in 2018 indicates that measures for applicant implementation, Comment 5: The NGOs recommended the largest isopleth distance to the Level which may consider such things as that geophysical surveys commence, B harassment threshold, among all types relative cost and impact on operations. with ramp-up, during daylight hours of HRG survey equipment that would be Equinor determined the planned only to maximize the probability that used during surveys planned in 2019, duration of the survey based on their North Atlantic right whales are detected was 37 m. Therefore, we have data acquisition needs, which are and confirmed clear of the exclusion determined that the 500 m EZ for North largely driven by BOEM’s data zone. Atlantic right whales, as required in the collection requirements prior to Response: We acknowledge the IHA, is sufficiently protective to ensure required submission of a construction limitations inherent in detection of survey activities would shut down and operations plan (COP). Any effort marine mammals at night. However, before right whales would have the on the part of NMFS to restrict the restricting the ability of the applicant to potential to be exposed to levels of months during which the survey could conduct surveys only during daylight sound that would result in harassment, operate may have the effect of forcing hours would have the likely result of an and to ensure the least practicable the applicant to conduct additional overall increase in survey duration. In adverse impact on species or stocks and months of surveys the following year, the event that NMFS imposed the their habitat. resulting in increased costs incurred by restriction suggested by the Comment 3: The NGOs recommended the applicant and additional time on the commenters, the survey vessel would be that NMFS require that PAM be used 24 water with associated additional on the water introducing noise into the hours per day during surveys. production of underwater noise which marine environment for an extended Response: Mitigation measures in the could have further potential impacts to period of time and may result in previous IHA, and proposed for this marine mammals. Thus, the time and increased costs incurred by Equinor. IHA renewal, include a requirement for area restrictions recommended by the Given that the potential impacts to at least one visual PSO on duty at all commenters would not be practicable marine mammals from the survey times and one PAM operator on duty at for the applicant to implement and activities would be limited to short-term night. We have determined the would to some degree offset the benefit behavioral responses, NMFS has requirements for visual and acoustic of the recommended measure. In determined that a shorter overall survey monitoring are sufficient to ensure the addition, our analysis of the potential duration represents the least impactful EZs and Watch Zone are adequately impacts of the survey on right whales scenario in terms of potential impacts to monitored and that they are sufficient to does not indicate that such closures are marine mammals. Therefore, in meet the MMPA standard that warranted, as potential impacts to right consideration of potential effectiveness mitigation measures must ensure the whales from the survey activities would of the recommended measure and its least practicable adverse impact on be limited to short-term behavioral practicability for the applicant, NMFS species or stocks and their habitat. responses; no marine mammal injury is does not believe that restricting survey While PAM can be beneficial to expected as a result of the survey, nor start-ups to daylight hours is warranted supplement visual monitoring, is injury authorized in the IHA. Thus, in in this case. especially in low-visibility conditions, this case, the limited potential benefits Comment 6: The Commission its utility is limited in that it is only of time and area restrictions, when questioned whether the public notice beneficial when animals are vocalizing. considered in concert with the provisions for IHA Renewals fully When potential benefits of a 24-hour impracticability and increased cost on satisfy the public notice and comment PAM requirement (especially given the the part of the applicant that would provision in the MMPA and discussed

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the potential burden on reviewers of for consideration of the results of the new or supplemental EA or reviewing key documents and preliminary monitoring report and new Environmental Impact Statement is developing comments quickly. information (if any) from the past year. unnecessary, and will rely on the Therefore, the Commission Comment 7: The Commission noted existing EA and FONSI. recommended that NMFS use the IHA that in light of required exclusion zones, Renewal process sparingly and the potential for marine mammals to be Determinations taken incidental to conducting the selectively for activities expected to Equinor’s planned activity is identical have the lowest levels of impacts to planned survey is very small, and that to the activity analyzed in our marine mammals and that require less as NMFS looks to streamline and previously issued notices of proposed complex analysis. improve the efficiency of its Response: NMFS has taken a number authorization process, it should IHA (83 FR 7655; February 22, 2018) of steps to ensure the public has consider whether, in such situations, and issued IHA (83 FR 19532; May 3, adequate notice, time, and information incidental harassment authorizations 2018) (with the exception of the to be able to comment effectively on are necessary given the very small size duration of the survey, which is less IHA Renewals within the limitations of of the Level A and B harassment zones than the duration analyzed in those processing IHA applications efficiently. and the added protection afforded by documents). We concluded that the The Federal Register notice for the the BOEM lease-stipulated exclusion initial IHA would have a negligible initial proposed IHA (83 FR 7655; zones. impact on all marine mammal stocks February 22, 2018) had previously Response: NMFS appreciates the and species and that the taking would identified the conditions under which a point that the Commission makes and be small relative to population sizes. one-year Renewal IHA might be will take it into consideration, noting The marine mammal information, appropriate. This information is that multiple factors are analyzed in potential effects, and the mitigation and presented in the Request for Public determining whether an incidental take monitoring measures remain the same Comments section of the initial authorization is warranted. We look as those analyzed in the previously proposed IHA and thus encourages forward to collaborating with the issued notices of proposed IHA and submission of comments on the Commission in identifying where the issued IHA, therefore the extensive potential of a one-year renewal as well MMPA incidental take authorization analysis, as well as the associated as the initial IHA during the 30-day process can be streamlined further findings, included in the prior comment period. In addition, when we while ensuring that NMFS fulfills its documents remain applicable. receive an application for a Renewal statutory obligations under section The only differences between the IHA, we publish a notice of the 101(a)(5) of the MMPA. initial IHA and this Renewal is that the proposed IHA Renewal in the Federal National Environmental Policy Act Register and provide an additional 15 duration of the survey and the numbers days for public comment, for a total of In compliance with the National of incidental marine mammal take 45 days of public comment. We will Environmental Policy Act of 1969 (42 expected to occur are lower than the also directly contact all commenters on U.S.C. 4321 et seq.), as implemented by numbers analyzed and authorized in the the initial IHA by email, phone, or, if the regulations published by the previously issued IHA. As both the the commenter did not provide email or Council on Environmental Quality (40 duration of the survey and the number phone information, by postal service to CFR parts 1500–1508), NMFS prepared of takes expected to occur, and provide them the opportunity to submit an Environmental Assessment (EA) to authorized, are lower than in the initial any additional comments on the consider the direct, indirect and IHA, we have concluded that the effects proposed Renewal IHA. cumulative effects to the human of the Renewal would be the same or NMFS also strives to ensure the environment resulting from the issuance less than those that were analyzed in the public has access to key information of the initial IHA in 2018. NMFS made Notices of the initial proposed IHA and needed to submit comments on a the EA available to the public for review issued IHA. and comment. Also in compliance with proposed IHA, whether an initial IHA or NMFS has concluded that there is no NEPA and the CEQ regulations, NMFS a Renewal IHA. The agency’s website new information suggesting that our includes information for all projects signed a Finding of No Significant Impact (FONSI) on April 24, 2018. The analysis or findings should change from under consideration, including the those reached for the initial IHA. Based application, references, and other 2018 NEPA documents are available at: on the information and analysis supporting documents. Each Federal www.fisheries.noaa.gov/action/ contained here and in the referenced Register notice also includes contact incidental-take-authorization-statoil- documents, NMFS has determined the information in the event a commenter wind-site-characterization-surveys- has questions or cannot find the offshore-new-york. We have reviewed following: (1) The required mitigation information they seek. Equinor’s application for a Renewal of measures will effect the least practicable Regarding the Commission’s comment the 2018 IHA and the 2018 monitoring impact on marine mammal species or that Renewal IHAs should be limited to report as well as comments received on stocks and their habitat; (2) the certain types of projects, NMFS has our Notice of Proposed IHA Renewal (84 authorized takes will have a negligible explained on its website and in FR 13246; April 4, 2019). Based on that impact on the affected marine mammal individual Federal Register notices that review, we have determined that the species or stocks; (3) the authorized Renewal IHAs are appropriate where the action follows closely the IHA issued takes represent small numbers of marine continuing activities are identical, and implemented in 2018 and does not mammals relative to the affected stock nearly identical, or a subset of the present any substantial changes, or abundances; (4) Equinor’s activities will activities for which the initial 30-day significant new circumstances or not have an unmitigable adverse impact comment period applied. Where the information relevant to environmental on taking for subsistence purposes as no commenter has likely already reviewed concerns which would require a relevant subsistence uses of marine and commented on the initial proposed supplement to the 2018 EA or mammals are implicated by this action, IHA for these activities, the abbreviated preparation of a new NEPA document. and; (5) appropriate monitoring and additional comment period is sufficient Therefore, we have determined that a reporting requirements are included.

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Endangered Species Act CFR 402 for our issuance of an IHA • Electronic Submissions: Submit Section 7(a)(2) of the Endangered under the MMPA, and no further electronic public comments, identified Species Act of 1973 (16 U.S.C. 1531 et consultation is required. by NOAA–HQ–2019–0029, at http:// www.regulations.gov. The docket seq.) requires that each Federal agency Renewal established for this rule-making can be insure that any action it authorizes, NMFS has issued an IHA Renewal to funds, or carries out is not likely to found at: http://www.regulations.gov/ Equinor for conducting marine site #!docketDetail;D=NOAA-HQ-2019-0029. jeopardize the continued existence of characterization surveys off the coast of any endangered or threatened species or Click the ‘‘Comment Now!’’ icon, New York and coastal waters where complete the required fields, and enter result in the destruction or adverse cable route corridors will be established, modification of designated critical or attach your comments. from April 24, 2019 through April 23, • Mail: Enforcement Section, Office habitat. To ensure ESA compliance for 2020. the issuance of IHAs, NMFS consults of the General Counsel, National internally, in this case with the NMFS Dated: April 29, 2019. Oceanic and Atmospheric Greater Atlantic Regional Fisheries Donna S. Wieting, Administration, 1315 East-West Office (GARFO), whenever we propose Director, Office of Protected Resources, Highway, SSMC–3 15424, Silver Spring, to authorize take for endangered or National Marine Fisheries Service. MD 20910, Attn: Meggan Engelke-Ros. threatened species. [FR Doc. 2019–08949 Filed 5–1–19; 8:45 am] The draft revisions to the Penalty The NMFS Office of Protected BILLING CODE 3510–22–P Policy are available electronically at the Resources is authorizing the incidental following website: https:/ take of three species of marine mammals www.gc.noaa.gov/enforce-office3.html. which are listed under the ESA: The DEPARTMENT OF COMMERCE Commenters may also request a hard North Atlantic right, fin, and sperm copy of the draft revisions to the Penalty National Oceanic and Atmospheric whale. BOEM consulted with NMFS Policy by sending a self-addressed Administration GARFO under section 7 of the ESA on envelope (size 8.5 x 11 inches) to the commercial wind lease issuance and [Docket No. 190325274–9274–01] street address provided above. Comments submitted in response to this site assessment activities on the Atlantic RIN 0648–XG926 Outer Continental Shelf in notice are a matter of public record. Before including an address, phone Massachusetts, Rhode Island, New York Revisions to NOAA’s Policy for the number, email address, or other and New Jersey Wind Energy Areas. Assessment of Civil Administrative personal identifying information in a NMFS GARFO issued a programmatic Penalties and Permit Sanctions Biological Opinion in 2013 concluding comment, please be aware that that these activities may adversely affect AGENCY: Office of General Counsel comments—including any personal but are not likely to jeopardize the (OGC), National Oceanic and identifying information—can and will continued existence of the North Atmospheric Administration (NOAA), be made publicly available. While a Atlantic right, fin, and sperm whale. Commerce. request can be made to withhold The Biological Opinion was later ACTION: Notice of availability; request personal identifying information from amended to include the Office of for comments. public review, NOAA cannot ensure Protected Resources as an action agency. that it will be able to do so. SUMMARY: The National Oceanic and The Biological Opinion can be found Comments submitted electronically Atmospheric Administration (NOAA) online at: www.fisheries.noaa.gov/ will generally be posted to http:// announces the availability of draft national/marine-mammal-protection/ www.regulations.gov without change. revisions to NOAA’s Policy for the incidental-take-authorizations-other- For posted comments, all personal Assessment of Civil Administrative energy-activities-renewable. The identifying information (e.g., name, Penalties and Permit Sanctions (Penalty programmatic consultation established a address, etc.), confidential business Policy) for public review and comment. procedure for reviewing future actions information, or otherwise sensitive The revisions to the policy reflect new to determine if they and their effects fell information submitted voluntarily by legislation enacted and regulations within the scope of the Biological the sender is publicly accessible. NOAA promulgated, the most recent Opinion, and noted that for future will accept anonymous comments (enter adjustments to the maximum civil MMPA authorizations for such ‘‘N/A’’ in the required fields if you wish monetary penalties authorized under activities, the Biological Opinion’s to remain anonymous). statutes administered and enforced by incidental take statement (ITS) could be FOR FURTHER INFORMATION CONTACT: NOAA, pursuant to the Federal Civil amended to exempt the take of ESA Meggan Engelke-Ros at 301–427–2202. Penalties Inflation Adjustment Act of listed marine mammals. In April 2018, SUPPLEMENTARY INFORMATION: On April 1990, and clarifications to improve NMFS GARFO amended the ITS to 14, 2011, NOAA published its new enforcement consistency nationally, exempt the take of right, sperm and fin NOAA Policy for the Assessment of increase predictability in enforcement, whales as a result of the site Civil Administrative Penalties and improve transparency in enforcement, characterization surveys authorized via Permit Sanctions (76 FR 20959). On July and more effectively protect natural the previously issued IHA. 1, 2014, NOAA issued a revised Penalty NMFS GARFO has determined that resources. Policy. As explained more fully in the the 2013 Biological Opinion remains DATES: The draft revisions to the Penalty text of the revised Penalty Policy, the valid and that this MMPA authorization Policy will remain available for public purpose of this Policy is to continue to provides no new information about the review until June 3, 2019. To ensure ensure that: (1) Civil administrative effects of the action, nor does it change that comments will be considered, penalties and permit sanctions are the extent of effects of the action, or any NOAA must receive written comments assessed in accordance with the laws other basis to require reinitiation of the by June 3, 2019. that NOAA enforces in a fair and opinion. The Biological Opinion meets ADDRESSES: Interested persons may consistent manner; (2) penalties and the requirements of section 7(a)(2) of the submit comments by any of the permit sanctions are appropriate for the ESA and implementing regulations at 50 following methods: gravity of the violation; (3) penalties and

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permit sanctions are sufficient to deter This was done so as to take a authorization to take marine mammals both individual violators and the conservative approach to the statutory incidental to target and missile launch regulated community as a whole from penalty increases, which reflected a activities on San Nicolas Island (SNI), committing violations; (4) economic ‘‘catch-up’’ application of adjustments California for the Naval Air Warfare incentives for noncompliance are for inflation causing some significant Center Weapons Division (NAWCWD), eliminated; and (5) compliance is penalty increases. Second, the matrixes Point Mugu Sea Range (PMSR). expeditiously achieved and maintained were adjusted to ensure each individual Pursuant to the Marine Mammal to protect natural resources. matrix utilized the full penalty range in Protection Act (MMPA), NMFS is This revised Penalty Policy also a balanced manner so that the penalty requesting comments on its proposal to reflects legislation passed and ranges increased gradually as the gravity issue an incidental harassment regulations promulgated since issuance level of the violations increased, rather authorization (IHA) to incidentally take of the 2014 Policy, in particular: than having an exponential increase in marine mammals during the specified • The Illegal, Unreported, and penalty ranges from one gravity level to activities. NMFS is also requesting Unregulated Fishing Enforcement Act of the next. comments on a possible one-year 2015, Public Law 114–81, which The revised Penalty Policy will renewal that could be issued under implemented the Agreement on Port supersede the previous Penalty Policy certain circumstances and if all State Measures to Prevent, Deter and regarding the assessment of penalties or requirements are met, as described in Eliminate Illegal, Unreported, and permit sanctions, and previous penalty Request for Public Comments at the end Unregulated Fishing and amended the and permit sanction schedules issued by of this notice. NMFS will consider enforcement provisions of a number of the NOAA Office of General Counsel. public comments prior to making any statutes administered by NOAA; and This Penalty Policy provides guidance final decision on the issuance of the • The most recent adjustments to the for the NOAA General Counsel’s Office requested MMPA authorizations and maximum civil monetary penalties in assessing penalties but is not agency responses will be summarized in authorized under statutes administered intended to create a right or benefit, the final notice of our decision. The and enforced by NOAA, pursuant to the substantive or procedural, enforceable at Navy’s activity is considered a military Federal Civil Penalties Inflation law or in equity, in any person or readiness activity pursuant to MMPA, as Adjustment Act of 1990 (see 84 FR company. NOAA retains discretion to amended by the National Defense 2445, February 7, 2019). assess the full range of penalties Authorization Act for Fiscal Year 2004 Under this revised Policy, NOAA will authorized by statute in any particular (NDAA). continue to promote consistency at a case. DATES: Comments and information must national level, provide greater The full revised Penalty Policy, along be received no later than June 3, 2019. predictability for the regulated with examples, matrixes, and schedules ADDRESSES: Comments should be community and the public, maintain can be found at https:// addressed to Jolie Harrison, Chief, transparency in enforcement, and more www.gc.noaa.gov/enforce-office3.html. Permits and Conservation Division, effectively protect natural resources. More information about the NOAA Office of Protected Resources, National The major changes to the existing General Counsel Enforcement Section Marine Fisheries Service. Physical Penalty Policy made by this revision can be found at https:// comments should be sent to 1315 East- include: www.gc.noaa.gov/enforce-office.html. (1) Additional clarity on what would West Highway, Silver Spring, MD 20910 Dated: April 25, 2019. and electronic comments should be sent be considered ‘‘such other matters as Jeff Dillen, justice may require’’ under the to [email protected]. Deputy General Counsel, National Oceanic Instructions: NMFS is not responsible adjustment factors; and Atmospheric Administration. (2) Clarification on our policy for for comments sent by any other method, when and how the newly adjusted [FR Doc. 2019–08895 Filed 5–1–19; 8:45 am] to any other address or individual, or statutory penalty maximums will apply; BILLING CODE 3510–22–P received after the end of the comment (3) Clarification of the policy on period. Comments received application of prior offenses to penalty electronically, including all DEPARTMENT OF COMMERCE assessments; attachments, must not exceed a 25- (4) Updates to the penalty schedules megabyte file size. Attachments to National Oceanic and Atmospheric electronic comments will be accepted in to reflect new statutory authorities or Administration regulations; Microsoft Word or Excel or Adobe PDF (5) Adjustments to the penalty RIN 0648–XG818 file formats only. All comments matrixes to reflect the most recent received are a part of the public record adjustments to the maximum civil Takes of Marine Mammals Incidental to and will generally be posted online at monetary penalties. Specified Activities; Taking Marine https://www.fisheries.noaa.gov/permit/ Some of the statutory adjustments to Mammals Incidental to U.S. Navy incidental-take-authorizations-under- the maximum civil monetary penalties Target and Missile Launch Activities marine-mammal-protection-act without were significant and required a on San Nicolas Island, California change. All personal identifying rebalancing of our distribution of the AGENCY: National Marine Fisheries information (e.g., name, address) penalty ranges in the penalty matrixes. Service (NMFS), National Oceanic and voluntarily submitted by the commenter In making these adjustments, there were Atmospheric Administration (NOAA), may be publicly accessible. Do not two primary considerations that affected Commerce. submit confidential business information or otherwise sensitive or the revised penalty matrixes. First, for ACTION: Notice; proposed incidental protected information. each matrix that was adjusted, a harassment authorization; request for percentage increase was applied across comments on proposed authorization FOR FURTHER INFORMATION CONTACT: the entire matrix and the percentage and possible renewal. Stephanie Egger, Office of Protected increase was, in all cases, less than the Resources, NMFS, (301) 427–8401. percentage increase to the statutory SUMMARY: NMFS has received a request Electronic copies of the application and maximum (numbers were rounded). from the U.S. Navy (Navy) for supporting documents, as well as a list

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of the references cited in this document, proposed action (i.e., the issuance of an Description of Proposed Activity may be obtained online at: https:// incidental harassment authorization) Overview www.fisheries.noaa.gov/permit/ with respect to potential impacts on the incidental-take-authorizations-under- human environment. This action is The Navy proposes to continue a marine-mammal-protection-act. In case consistent with categories of activities target and missile launch program from of problems accessing these documents, identified in Categorical Exclusion B4 two launch sites on SNI. Missiles vary please call the contact listed above. (incidental harassment authorizations from tactical and developmental SUPPLEMENTARY INFORMATION: with no anticipated serious injury or weapons to target missiles used to test mortality) of the Companion Manual for defensive strategies and other weapons Background NOAA Administrative Order 216–6A, systems. Some launch events involve a The MMPA prohibits the ‘‘take’’ of which do not individually or single missile, while others involve the marine mammals, with certain cumulatively have the potential for launch of multiple missiles in quick exceptions. Sections 101(a)(5)(A) and significant impacts on the quality of the succession. The Navy proposes to (D) of the MMPA (16 U.S.C. 1361 et human environment and for which we conduct up to 40 missile launch events from SNI, but the total may be less than seq.) direct the Secretary of Commerce have not identified any extraordinary 40 depending on operational (as delegated to NMFS) to allow, upon circumstances that would preclude this requirements. Launch timing will be request, the incidental, but not categorical exclusion. Accordingly, determined by operational, intentional, taking of small numbers of NMFS has preliminarily determined meteorological, and logistical factors. marine mammals by U.S. citizens who that the issuance of the proposed IHA engage in a specified activity (other than Up to 10 of the 40 launches may occur qualifies to be categorically excluded at night, but this is also dependent on commercial fishing) within a specified from further NEPA review. geographical region if certain findings operational requirements and only are made and either regulations are We will review all comments conducted when required by test issued or, if the taking is limited to submitted in response to this notice objectives. Airborne sound from these harassment, a notice of a proposed prior to concluding our NEPA process launch events may take pinnipeds that incidental take authorization may be or making a final decision on the IHA are hauled out on SNI by Level B provided to the public for review. request. harassment. All flights over SNI would Authorization for incidental takings be subsonic; therefore, there would be Summary of Request shall be granted if NMFS finds that the no sonic booms that could affect taking will have a negligible impact on On December 13, 2018, NMFS pinnipeds hauled out at sites on SNI. the species or stock(s) and will not have received a request from the Navy for an The purpose of these launches is to an unmitigable adverse impact on the IHA to take marine mammals incidental support training and testing activities availability of the species or stock(s) for to target and missile launch activities on associated with operations on the NAWCWD PMSR. The PMSR is used by taking for subsistence uses (where SNI. The application was deemed the U.S. and allied military services to relevant). Further, NMFS must prescribe adequate and complete on April 10, test and evaluate sea, land, and air the permissible methods of taking and 2019. The Navy’s request is for take of weapon systems; to provide realistic other ‘‘means of effecting the least California sea lions (Zalophus training opportunities; and to maintain practicable adverse impact’’ on the californianus), harbor seals (Phoca operational readiness of these forces. affected species or stocks and their vitulina), and northern elephant seals Some of the launches are used for habitat, paying particular attention to (Mirounga angustirostris) by Level B practicing defensive drills against the rookeries, mating grounds, and areas of harassment only. Neither Navy nor types of weapons simulated by these similar significance, and on the NMFS expects serious injury or missiles and some launches are availability of such species or stocks for mortality to result from this activity conducted for the related purpose of taking for certain subsistence uses and, therefore, an IHA is appropriate. (referred to in shorthand as testing new types of targets. NMFS has previously issued ‘‘mitigation’’); and requirements Dates and Duration pertaining to the mitigation, monitoring incidental take authorizations to the and reporting of such takings are set Navy for similar launch activities since The Navy is requesting an IHA for the forth. 2001 with the current authorization in continuation of specific launch The NDAA (Pub. L. 108–136) effect until June 3, 2019 (79 FR 32678; activities at SNI for one year, from June removed the ‘‘small numbers’’ and June 6, 2014 and 79 FR 32919; June 9, 4, 2019 to June 3, 2020. The timing of ‘‘specified geographical region’’ 2014). Navy complied with all the launch activities is variable and subject limitations indicated above and requirements (e.g., mitigation, to test and training requirements, and amended the definition of ‘‘harassment’’ monitoring, and reporting) of the meteorological and logistical as it applies to a ‘‘military readiness previous authorizations and information limitations. To meet the Navy’s activity.’’ The activity for which regarding their monitoring results may operational testing and training incidental take of marine mammals is be found in the Potential Effects of requirements, up to 40 launch events being requested addressed here qualifies Specified Activity on Marine Mammals may be conducted at any time of year, as a military readiness activity. The and their Habitat and Estimated Take day or night. However, only 10 of the 40 definitions of all applicable MMPA sections. This proposed IHA would launches per year may occur at night, statutory terms cited above are included cover one year of on-going activity for but this is also dependent on in the relevant sections below. which Navy obtained prior operational requirements and only authorizations. The on-going activity conducted when required by test National Environmental Policy Act involves continuation of target and objectives. No more than 25 launches To comply with the National missile launches from SNI. The Navy is have occurred in any single year since Environmental Policy Act of 1969 considering a subsequent IHA or 2001. Given the launch acceleration and (NEPA; 42 U.S.C. 4321 et seq.) and renewal in 2020 as well as a request for flight speed of the missiles, most launch NOAA Administrative Order (NAO) incidental take regulations in 2021 for events are of extremely short duration. 216–6A, NMFS must review our future activities. Strong launch sounds are typically

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detectable near the beaches at western according to the location of the launch GQM–163A ‘‘Coyote’’ SNI for no more than a few seconds per platform and target and include: Air-to- The Coyote, designated GQM–163A, launch. air, air-to-surface, surface-to-air, anti- is an expendable Supersonic Sea- ship, and anti-tank (or assault). Location of the Activity Skimming Target (SSST) powered by a Missiles can be propelled by either ducted-rocket ramjet. This missile is The Navy is proposing launch liquid-fueled or solid-fueled rocket designed to provide a ground-launched, activities on SNI, California for testing engines; however, solid fuel is preferred aerial target system to simulate a and training activities associated with for military uses. Such engines supersonic, sea-skimming Anti-Ship operations on the NAWCWD PMSR (see commonly propel tactical guided Cruise missile threat. The Coyote Figure 1–1 of the application). SNI is missiles (i.e., missiles intended for use utilizes a previously installed launcher one of the eight Channel Islands in the within the immediate area) toward their at the Alpha Launch Complex on SNI Southern California Bight, located about targets at twice the speed of sound. with a Launcher Interface Kit. Coyote 105 kilometers (km) southwest of Point Cruise or ballistic missiles are designed launches are expected to be the primary Mugu. The missiles are launched from to strike targets far beyond the large missile launched from SNI over one of several fixed locations on the immediate area, and are therefore also the next several years. Coyotes are western end of SNI. Missiles launched known as strategic missiles. Cruise launched from the inland location from SNI fly generally west, southwest, (Alpha Launch Complex). and northwest through the PMSR. The missiles are jet-propelled at subsonic primary launch locations are the Alpha speeds throughout their flights, while Multi-Stage Sea Skimming Target Launch Complex, located 190 meters ballistic missiles are rocket-powered (MSST) (m) above sea level on the west-central only in the initial (boost) phase of flight, after which they follow an arcing The Multi-Stage Sea Skimming Target part of SNI and the Building 807 Launch (MSST) is a subsonic cruise missile with Complex, which accommodates several trajectory to the target. As gravity pulls the ballistic warhead back to Earth, a supersonic terminal stage that fixed and mobile launchers, at the approaches its target at low-level at western end of SNI at approximately 11 speeds of several times the speed of sound are reached. Ballistic missiles are Mach 2.8. The MSST is launched from m above sea level. The Point Mugu the Alpha Launch Complex on SNI. airfield on the mainland, the airfield on most often categorized as short-range, SNI, and the target sites in the PMSR medium-range, intermediate-range, and Standard Missile (SM–2, SM–3, SM–6) intercontinental ballistic missiles. will be a routine part of proposed The Standard family of missiles Missiles weights range between 54– launch operations. consists of a range of air defense 2,900 kilograms (kg), but total weight is Many of the beaches and rocky missiles including supersonic, medium, dependent on fuel or boosters. outcroppings around the perimeter of and extended range surface-to-air and SNI are pinniped resting, molting, or Below is the number of launches that surface-to-surface missiles. The breeding sites. The Alpha Launch have occurred at SNI since 2001 (Table Standard Missile 3 Block IIA (SM–3) is Complex is approximately 2 km from 1) and the missile types that are a ship-based missile system used to the nearest beach where pinnipeds are proposed to be launched under this intercept short- to intermediate-range known to routinely haul out. The IHA. There have not been more than 25 ballistic missiles as a part of the Aegis Building 807 Launch Complex is 30 m launch events conducted in any given Ballistic Missile Defense System. from the nearest pinniped haulout. year since 2001. Although primarily designed as an However, few pinnipeds are known to antiballistic missile defensive weapon, haul out on the shoreline immediately TABLE 1—THE TOTAL NUMBER OF the SM–3 has also been employed in an adjacent to this launch site. Refer to LAUNCHES THAT HAVE OCCURRED anti-satellite capacity against a satellite Figure 1–2 of the application for launch SINCE 2001 AT SNI at the lower end of low Earth orbit. sites and anticipated launch azimuths in Similarly, the SM–6 is a vertically relation to potentially affected pinniped Number of launched, extended range missile Time period launches haulout areas on SNI. compatible with the Aegis Weapon Detailed Description of Specific Activity August 2001 to October 2005 ...... 69 System to be used against extended February 2006 to December 2009 ...... 11 range threats. The SM–6 Block I/IA Missiles are rocket-propelled weapons January 2010 to December 2014 ...... 36 December 20015 to November 2018 .. 30 combines the tested legacy of the SM– designed to deliver an explosive 2 propulsion system and warhead with warhead with accuracy at high speed. an active radio frequency seeker Missiles vary from small tactical Missile descriptions are modified from the AIM–120 Advanced weapons that are effective out to only a representative of some of the types of Medium Range Air-to-Air Missile. The few hundred feet to much larger missiles typically launched from SNI. new features allow for over-the-horizon strategic weapons that have ranges of While this list is not inclusive of all engagements, enhanced capability at several thousand miles. Almost all potential missiles that could be extended ranges and increased missiles contain some form of guidance launched annually, the descriptions and firepower. To date, only the SM–3 has and control mechanism and are the sound profiles are representative of been launched from SNI. therefore often referred to as guided the diversity of the types of missiles missiles. Guided missiles have four typically launched. For information on Other Missiles That May Be Used system components: Targeting or the sound levels these missiles produce During Launch Events missile guidance, flight system, engine, please refer to Section 1.2 of the The Navy may also launch other and warhead. A guided missile powered application. missiles to simulate various types of along a low, level flight path by an air- Rolling Airframe Missiles threat missiles and aircraft and to test breathing jet engine is called a cruise other systems. For example, on August missile. An unguided military missile, At SNI, Rolling Airframe Missiles 23, 2002, a Tactical Tomahawk was as well as any launch vehicle, is usually (RAMs) are launched from the Building launched from Building 807 Launch referred to as a rocket. Tactical guided 807 Launch Complex, near the Complex. A Falcon was launched from missiles are generally categorized shoreline. the Alpha Launch Complex.

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Missiles of the BQM–34, BQM–74, or marine-mammal-stock-assessments) means occurrence is not expected, BQM–177 aerial target type could also and more general information about ‘‘potential’’ means the species may be launched. These are small, these species (e.g., physical and occur or there is casual occurrence unmanned aircraft that are launched behavioral descriptions) may be found history, and ‘‘likely’’ means there is a using jet-assisted take-off rocket bottles; on NMFS’ website (https:// strong possibility of or regular they then continue offshore powered by www.fisheries.noaa.gov/find-species). occurrence in the project area. small turbojet engines. If launches of Table 2 below lists all species with The Channel Islands, located in the other missile types occur, they would be expected potential for occurrence in the Southern California Bight, are inhabited included within the total of 40 launches project area and summarizes by large populations of pinnipeds. anticipated per year. information related to the population or California sea lions, northern elephant stock, including regulatory status under General Launch Operations seals, and harbor seals are the most the MMPA and ESA and potential numerous pinniped species at the Aircraft and helicopter flights biological removal (PBR), where known. Channel Islands (Lowry et al., 2008; between the Point Mugu airfield on the For taxonomy, we follow Committee on Lowry et al., 2014; Lowry et al., 2017). mainland, the airfield on SNI, and the Taxonomy (2018). PBR is defined by the California sea lions and harbor seals are target sites in the PMSR are a routine MMPA as the maximum number of found at all of the Channel Islands part of a planned launch operation. animals, not including natural (Lowry et al., 2008; Lowry et al., 2014; These flights generally do not pass at mortalities, that may be removed from a Lowry et al., 2017). Northern fur seals low level over the beaches where marine mammal stock while allowing (Callorhinus ursinus) have only been pinnipeds are expected to be hauled that stock to reach or maintain its observed at a single island, and Steller out. Aircraft and helicopters will optimum sustainable population (as sea lions (Eumetopias jubatus) and maintain a minimum altitude of 305 m described in NMFS’ SARs). While no Guadalupe fur seals (Arctocephalus from pinniped haulouts and rookeries, mortality is anticipated or authorized philippii townsendi) are rare visitors to with some exceptions, like emergencies, here, PBR and annual serious injury and the Channel Islands (Bonnell et al., and are not expected to result in any mortality from anthropogenic sources 1980; Stewart and Yochem, 1984; Orr, et incidental take of pinnipeds. are included here as gross indicators of al., 2012). SNI is one of the islands Movements of personnel are restricted the status of the species and other within the Channel Islands where near the launch sites at least several threats. pinnipeds occur. hours prior to a launch for safety Marine mammal abundance estimates reasons. No personnel are allowed on presented in this document represent Six species of pinnipeds have been the western end of SNI during launches. the total number of individuals that observed on SNI. All pinniped species Movements of personnel or missiles make up a given stock or the total that could potentially occur in the near pinniped haulout sites and number estimated within a particular proposed survey areas are included in rookeries are also restricted at other study or survey area. NMFS’ stock Table 2. As described below, three times of the year for purposes of abundance estimates for most species pinniped species (with three managed environmental protection and represent the total estimate of stocks) temporally and spatially co- preservation of cultural resource sites. individuals within the geographic area, occur with the activity to the degree that Proposed mitigation, monitoring, and if known, that comprises that stock. For take is reasonably likely to occur. The reporting measures are described in some species, this geographic area may three pinniped species likely to occur detail later in this document (please see extend beyond U.S. waters. All managed on shore in the activity area either Proposed Mitigation and Proposed stocks in this region are assessed in regularly or in large numbers during Monitoring and Reporting). NMFS’ U.S. Pacific and Alaska SARs certain times of the year are California (Carretta et al., 2018). All values sea lions, harbor seals, and northern Description of Marine Mammals in the presented in Table 2 are the most recent elephant seals, and we propose Area of Specified Activities available at the time of publication authorizing take for these species. Sections 3 and 4 of the Navy’s (draft SARs available online at: https:// An additional three pinniped species application summarize available www.fisheries.noaa.gov/national/ haul out rarely or occasionally on SNI. information regarding status and trends, marine-mammal-protection/draft- These include the northern fur seal, the distribution and habitat preferences, marine-mammal-stock-assessment- Guadalupe fur seal, and the Steller sea and behavior and life history, of the reports). lion. The temporal and/or spatial potentially affected species. Additional Marine mammal species likelihood of occurrence of these three additional information regarding population trends occurrence (designated as ‘‘unlikely,’’ pinniped species is such that take is not and threats may be found in NMFS’s ‘‘potential’’ or ‘‘likely’’) was determined expected to occur, and they are not Stock Assessment Reports (SARs; through review of NMFS SARs, species- discussed further beyond the https://www.fisheries.noaa.gov/ specific literature research, and SNI explanation provided below in this national/marine-mammal-protection/ monitoring reports (Table 2). ‘‘Unlikely’’ section. TABLE 2—MARINE MAMMALS OCCURRENCE IN THE PROJECT AREA

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

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): California sea lion ...... Zalophus californianus ..... U.S ...... -, -, N 257,606 (N/A, 233,515, 2014) .... 14,011 ≥319 Likely. Northern Fur Seal ...... Callorhinus ursinus ...... CA ...... -, D, N 14,050 (N/A, 7,524, 2013) ...... 451 1.8 Potential. Steller Sea Lion ...... Eumetopias jubatus ...... Eastern ...... T, D, Y 41,638 (see SAR, 41,638, 2015) 2,498 108 Unlikely.

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

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

Guadalupe Fur Seal ...... Arctocephalus philippii Mexico ...... T, D, Y 20,000 (N/A, 15,830, 2010) ...... 542 ≥3.2 Potential. townsendi. Family Phocidae (earless seals): Harbor Seal ...... Phoca vitulina ...... CA ...... -, -, N 30,968 (N/A, 27,348, 2012) ...... 1,641 43 Likely. Northern Elephant Seal ...... Mirounga angustirostris .... CA Breeding .. -, -, N 179,000 (N/A, 81,368, 2010) ...... 4,882 8.8 Likely. 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assess- ment-reports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. Note: Italicized species are not expected to be taken or proposed for authorization.

Distribution of California sea lions, Channel Islands in aerial surveys). July island distribution of pinnipeds as harbor seals, and harbor seals on SNI, as surveys are intended to census shown in Figure 1 below. We include well as on the other Channel Islands, California sea lions after all pups have Figure 1 here as a reference when was conducted during the NMFS’ been born to monitor population trends describing some of the census data by Southwest Fisheries Science Center and abundance of the U.S. population Lowry et al. (2017b) below and later in (SWFSC) July 2011–2015 survey. In and to collect summer residence count- the Estimated Take section, to describe 1987, the SWFSC began using aerial data for northern elephant seals and what areas may be impacted by launch photography at the Channel Islands to harbors seals (Lowry et al., 20187b). The events and where the Navy is census pinnipeds. Years later, the perimeter of each SNI was divided into monitoring pinnipeds. survey expanded to include all the small area-coded units to describe intra- BILLING CODE 3510–22–P

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BILLING CODE 3510–22–C California sea lions at SNI generally population of harbor seals increased California Sea Lion grew from 1975–2014 with inter-annual between 1981 and 2004 but this increase variability due to intermittent El Nin˜ o has slowed since 1995 with a decrease The California sea lion is by far the events (Lowry et al., 2017a). During July after 2005 (see Figure 4.1 of the most common pinniped on SNI. This 2011–2015 surveys, SNI had the second application) (Carretta et al., 2017). species hauls out at many sites along the largest number of California sea lions Counts from 1975 to 2012 fluctuated south side of SNI and at some sites on among the Channel Islands and between 128 and 858 harbor seals, based the western part of the island. Peak averaged 52,634.8 individuals per year on peak counts (Fluharty 1999; Le Boeuf abundance of California sea lions is (SD = 9,899.0) (Lowry et al., 2017b) (see et al., 1978; Lowry et al., 2008; Lowry during June and July (breeding season) Table 3 of the application). California pers. comm. as cited in the application). and pupping occurs on the beaches from sea lions were not uniformly distributed During May–July 2002, 2004, 2007, and mid-May to mid-July. Female California around the perimeter of SNI, but had the 2009, 584, 784, 858 and 754 harbor seals sea lions with pups haul out during most total numbers of at Areas D, H, L were hauled out on SNI respectively, most of the year at SNI. Females nurse and Q (see Figure 1). California sea lions representing between about 15 and 18 their pups for about eight days before continue to expand their range and percent of the harbor seals in the coming into estrus and then begin an occupy new areas on SNI (Lowry et al., Channel Islands (Lowry et al., 2008). alternating pattern of foraging at sea and 2017a; Lowry et al., 2017b). Over the During July 2011–2015 surveys, harbor nursing the pup on land; this pattern course of the year, over 100,000 sea seal counts on SNI were variable, may last for eight months (with some lions use SNI. Please refer to the ranging from 229 to 673 during the pups nursing up to one year after birth). application for additional information period from 2011 to 2015 (Lowry et al., Many juveniles move north to forage on California sea lions on SNI. 2017b). Lowry et al. (2017b) only although some continue to periodically counted 259 harbor seals on SNI in 2015 Harbor Seals haul out at SNI. (18.9 percent of harbor seals in the Barlow et al. (1997) reported that 47 Peak abundance of harbor seals is Channel Islands). Harbor seals were not percent of the U.S. stock, or 49 percent during late-May to early June (molt uniformly distributed around the of the PMSR population, used the season in southern California) and perimeter of SNI. Harbor seals at SNI shoreline of SNI to breed, pup, or haul pupping occurs on the beaches from were mostly found in areas L, N, and Q out in 1994. The population of February to May. The California (see Figure 1) (Lowry et al., 2017b).

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Please refer to the application for sea lions often disperse widely outside sea lions along the south shore additional information on harbor seals of the breeding season. A northward approximately 6.9 km from the western on SNI. shift in the overall breeding distribution tip of the island. A lone female was has occurred, with a contraction of the Northern Elephant Seal observed on the south side of SNI in the range in southern California and new summer of 1997 (G. Smith, NAWCWD, Peak abundance for northern elephant rookeries established in Southeast pers. comm.). The first adult female at seals at SNI is during January and Alaska (Pitcher et al., 2007). San Miguel Island was also seen in February (breeding season). Northern Steller sea lions are rare on the 1997. This fur seal gave birth to a pup elephant seals also haul out during the northern Channel Islands, and their in rocky habitat along the south side of molting periods in the spring and nearest breeding rookery is in northern the island and, over the next year, summer, and smaller numbers haul out California. The Steller sea lion was once reared the pup to weaning age. This was at other times of year. Given that abundant in the waters off southern apparently the first pup born in the elephant seals forage in areas that are a California, but numbers have declined Channel Islands in at least 150 years. A great distance from SNI and the PMSR, since 1938. At San Miguel Island, lone male Guadalupe fur seal was again with adult males foraging as far north as formerly the southern extent of the seen defending a territory on the south the Aleutian Islands, and adult females species’ breeding range, Steller sea lions shore of SNI between 2006 and 2009 in the north-central Pacific Ocean, it is are no longer known to breed; the last unlikely that large numbers are present mature Steller sea lion was seen there in and again in 2012 (J. Laake, NOAA, outside of the breeding season at PMSR 1983 (DeLong and Melin 1999). pers. comm. as cited in the at any one time. Pupping occurs on Historically, Steller sea lions were application.). Because only single beaches at SNI from January to early sighted occasionally at SNI individuals of this species have been February, and pups are typically (Bartholomew and Boolootian 1960). A seen on SNI since 1981 and the most weaned through March. During this sub-adult male Steller sea lion was recent observations were on the south period, they undergo their first molt (Le sighted at San Clemente Island on April shore far from launch operations, it is Boeuf and Laws 1994). By the end of 27, 2013 and individuals have been unlikely any Guadalupe fur seals would April, 80 percent of pups have left the sighted at San Miguel Island and one occur ashore during the proposed rookery, and the remainder leave in adult male at SNI in 2010 (Lowry, pers. activities or be in the area impacted by May. comm. as cited in the application.). missile launch sounds. Therefore, take SNI is currently the second largest While few Steller sea lion adults have of Guadalupe fur seals is not proposed elephant seal rookery and haulout in been sighted recently at the Channel for authorization. Southern California (Lowry et al., Islands, they are rare and it is unlikely Northern Fur Seal 2017b). In July 2015, when all of the any would be hauled out on SNI during Channel Islands were surveyed for launch events. Therefore, take of Steller San Miguel Island and the adjacent elephant seals, approximately 62 sea lions is not proposed for Castle Rock are the only known percent of northern elephant seals authorization. rookeries of northern fur seals in hauled out on San Miguel Island, California. Comprehensive count data approximately 20.5 percent on SNI, and Guadalupe Fur Seal for northern fur seals on San Miguel 17 percent on Santa Rosa Island (Lowry Guadalupe fur seal were abundant Island are not available, therefore the et al., 2017b. Increasing numbers of prior to seal exploitation, when they best available information on northern elephant seals haul out at various sites were likely the most abundant pinniped fur seal abundance on the northern around SNI, including the western part species on the Channel Islands, but are Channel Islands comes from subject of the island. Northern elephant seals considered uncommon in Southern matter experts which indicates the were not uniformly distributed around California. Guadalupe fur seal is an population is at its maximum in the perimeter of SNI, and Area K at SNI occasional visitor to the Channel summer (June–August) with an had the most northern elephant seals on Islands. Adult and juvenile male island during the July 2011–2015 Guadalupe fur seals have been observed estimated 13,384 animals at San Miguel surveys (Lowry et al., 2017b) (see Figure at San Miguel Island, California, since Island, with approximately half that 1). The timing of haul out by various age the mid-1960s (Melin and DeLong number present in the fall (September and sex categories of seals is reflected in 1999), and sightings have also occurred and October) and approximately 50–200 the bi-modal peak pattern in the counts at Santa Barbara, San Nicolas, and San animals present from November through of hauled-out elephant seals on the Clemente Islands in the Channel Islands May (pers. comm. Sharon Melin, NMFS island (Stewart and Yochem 1984). The (Bartholomew 1950; Stewart 1981b; MML, to J. Carduner, NMFS OPR). San population of northern elephant seals Stewart et al., 1993). On San Miguel Miguel Island is the only island in the on SNI is likely increasing, based on Island, one to several male Guadalupe northern Channel Islands on which recent counts (Lowry, pers. comm. 2018 fur seals had been observed annually northern fur seals have been observed, as cited in the application). Please refer between 1969 and 2000 (DeLong and and on San Miguel Island they only to the application for additional Melin 2000) and juvenile animals of occur at the west end of the island and information on harbor seals on SNI. both sexes have been seen occasionally on Castle Rock (a small offshore rock on over the years (Stewart et al., 1987). the northwest side of the island) (pers. Steller Sea Lions Twenty-one sightings of Guadalupe fur comm. Sharon Melin, NMFS MML, to J. There are two distinct population seals were made on SNI from 1949 to Carduner, NMFS OPR). Given the segments (DPSs) identified in U.S. 1986 (Bartholomew 1950; Stewart limited sightings of northern fur seal on waters for the Steller sea lion: The 1981b; Stewart et al. 1987; G. Smith, SNI, it is unlikely that northern fur seals Eastern U.S. stock, which includes NAWCWD, pers. comm.). Most sightings would be impacted by missile launches. animals born east of Cape Suckling, were either juveniles of undetermined Missile launches are not expected to Alaska (at 144 degrees West longitude), sex or adult males. One male was impact San Miguel Island where and the Western U.S. stock, which observed in six consecutive years from northern fur seals would be expected. includes animals born at and west of 1981 to 1986: It was defending a Therefore, take of northern fur seals is Cape Suckling (Loughlin 1998). Steller territory amongst breeding California not proposed for authorization.

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Unusual Mortality Events Guadalupe Fur Seal UME these marine mammal hearing groups. Generalized hearing ranges were chosen Below, we include additional Increased strandings of Guadalupe fur seals began along the entire coast of based on the approximately 65 dB information about the marine mammals threshold from the normalized in the project area, that will inform our California in January 2015 and were eight times higher than the historical composite audiograms, with the analysis, such as where Unusual average (approximately 10 seals/yr). exception for lower limits for low- Mortality Events (UME) have been Strandings have continued since 2015 frequency cetaceans where the lower designated. Two UMEs that could be and have remained well above average bound was deemed to be biologically relevant to informing the current through 2018. As of March 18, 2019, the implausible and the lower bound from analysis are discussed below. The total number of Guadalupe fur seals to Southall et al. (2007) retained. The Guadalupe fur seal UME in California is date in the UME is 286. Strandings are functional group and the associated still active and involves an ongoing seasonal and generally peak in April frequencies for this proposed IHA are investigation. through June of each year. The indicated below in Table 4 (note that these frequency ranges correspond to California Sea Lion UME Guadalupe fur seal strandings have been mostly weaned pups and juveniles (1– the range for the composite group, with From January 2013 through 2 years old) with both live and dead the entire range not necessarily reflecting the capabilities of every September 2016, a greater than expected strandings occurring. Current findings species within that group). number of young malnourished from the majority of stranded animals California sea lions stranded along the include primary malnutrition with TABLE 4—RELEVANT MARINE MAMMAL coast of California. Sea lions stranding secondary bacterial and parasitic FUNCTIONAL HEARING GROUPS AND from an early age (6–8 month old) infections. Additionally a few seals have THEIR GENERALIZED HEARING through to two years of age were had evidence of some biotoxin (domoic consistently underweight without other acid) exposure especially in 2015. The RANGES preliminary cause of this UME is related disease processes detected. Of the 8,122 Generalized hearing stranded animals in this age class, 93 to ecosystems changes secondary to Hearing group unusual oceanographic conditions such range * percent stranded alive (n = 7,587, with as the warm water blob and El Nin˜ o. 3,418 of these released after Pinnipeds (in air) ...... 75 Hz to 30 kHz. This UME occurred in the same area as rehabilitation) and 7 percent (n = 531) the 2013–2016 California sea lion UME. * Southall et al., 2007. stranded dead. Several factors are This investigation is ongoing but a hypothesized to have impacted the Potential Effects of Specified Activities closure package will be submitted on Marine Mammals and Their Habitat ability of nursing females and young sea shortly to the Working Group to lions to acquire adequate nutrition. In consider (Deb Fauquier, NMFS, pers. This section includes a summary and late 2012, decreased anchovy and comm. 2019). Please refer to https:// discussion of the ways that components sardine recruitment (CalCOFI data July www.fisheries.noaa.gov/national/ of the proposed activity may impact 2013) may have led to nutritionally marine-life-distress/2015-2019- marine mammals and their habitat. The stressed adult females. Biotoxins were guadalupe-fur-seal-unusual-mortality- Estimated Take section later in this present at various times throughout the event-california for more information on document includes a quantitative UME, and while they were not detected this UME. analysis of the number of individuals in the young sea lions (which were not that are expected to be taken by this Marine Mammal Hearing eating), they may have impacted the activity. The Negligible Impact Analysis adult females. Therefore, the role of Hearing is the most important sensory and Determination section considers the biotoxins in this UME, via its possible modality for marine mammals content of this section, the Estimated impact on adult females, is unclear. The underwater, and exposure to Take section, and the Proposed primary cause of the UME is related to anthropogenic sound can have Mitigation section, to draw conclusions shifts in distribution and abundance of deleterious effects. To appropriately regarding the likely impacts of these sea lion prey items around the Channel assess the potential effects of exposure activities on the reproductive success or survivorship of individuals and how Island rookeries during critical sea lion to sound, it is necessary to understand the frequency ranges marine mammals those impacts on individuals are likely life history events (nursing by adult are able to hear. Current data indicate to impact marine mammal species or females, and transitioning from milk to that not all marine mammal species stocks. prey by young sea lions). These prey have equal hearing capabilities (e.g., Description of Sound Sources shifts were most likely driven by Richardson et al., 1995; Wartzok and unusual oceanographic conditions at the Ketten, 1999; Au and Hastings, 2008). This section contains a brief technical time due to the warm water blob and El To reflect this, Southall et al. (2007) background on sound, the Nin˜ o. This investigation will soon be recommended that marine mammals be characteristics of certain sound types, closed. NMFS staff recently confirmed divided into functional hearing groups and on metrics used in this proposal that the mortality of pups and yearlings based on directly measured or estimated inasmuch as the information is relevant returned to normal in 2017 and 2018 hearing ranges on the basis of available to the specified activity and to a and the Working Group will be behavioral response data, audiograms discussion of the potential effects of the reviewing a closure package shortly derived using auditory evoked potential specified activity on marine mammals (Deb Fauquier, NMFS, pers. comm. techniques, anatomical modeling, and found later in this document. Sound 2019). Please refer to NMFS’ website at other data. Note that no direct travels in waves, the basic components https://www.fisheries.noaa.gov/ measurements of hearing ability have of which are frequency, wavelength, national/marine-life-distress/2013-2017- been successfully completed for velocity, and amplitude. Frequency is california-sea-lion-unusual-mortality- mysticetes (i.e., low-frequency the number of pressure waves that pass event-california for more information on cetaceans). Subsequently, NMFS (2018) by a reference point per unit of time and this UME. described generalized hearing ranges for is measured in hertz (Hz) or cycles per

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second. Wavelength is the distance sensitivity. In the Navy’s application, continuous or non-continuous (ANSI, between two peaks or corresponding there are three types of weighting 1995; NIOSH, 1998). Some of these non- points of a sound wave (length of one considered for received source levels. F pulsed sounds can be transient signals cycle). Higher frequency sounds have weighting means flat, so no weighting at of short duration but without the shorter wavelengths than lower all; M means M-weighting associated essential properties of pulses (e.g., rapid frequency sounds, and typically with Navy Phase III criteria and rise time). Examples of non-pulsed attenuate (decrease) more rapidly, thresholds (Criteria and Thresholds for sounds include those produced by except in certain cases in shallower U.S. Navy Acoustic and Explosive vessels, aircraft, machinery operations water. Amplitude is the height of the Effects Analysis (Phase III) Technical such as drilling or dredging, vibratory sound pressure wave or the ‘‘loudness’’ Report (U.S. Department of the Navy, pile driving, and active sonar systems of a sound and is typically described 2017)) that considered new data on (such as those used by the U.S. Navy). using the relative unit of the dB. A marine mammal hearing and the effect The duration of such sounds, as sound pressure level (SPL) in dB is of noise on marine mammals. Separate received at a distance, can be greatly described as the ratio between a weighting functions were developed for extended in a highly reverberant measured pressure and a reference categories of marine mammals with the pressure and is a logarithmic unit that functions being appropriate in relation environment. accounts for large variations in to the hearing abilities of the particular The effects of sounds on marine amplitude; therefore, a relatively small group of marine mammals (Mpa is the mammals are dependent on several change in dB corresponds to large weighting function specifically for factors, including the species, size, and changes in sound pressure. For airborne pinnipeds in air); and A weighting is behavior (feeding, nursing, resting, etc.) sound pressure, the reference amplitude weighted in regards to human hearing in of the animal; the intensity and duration is usually 20 mPa and is expressed as dB air and seen in units of dBA. Weighting of the sound; and the sound propagation re 20 mPa. The source level (SL) essentially acts as a filter to filter out properties of the environment. Impacts represents the SPL referenced at a sounds an animal/human is not as to marine species can result from distance of 1 m from the source while sensitive to or as susceptible to in terms physiological and behavioral responses the received level is the SPL at the of hearing loss. For example, when to both the type and strength of the listener’s position. referring to Table 6–3 of the Navy’s acoustic signature (Viada et al., 2008). Root mean square (rms) is the application for the range of sound levels The type and severity of behavioral quadratic mean sound pressure over the of launch events, values are presented impacts are more difficult to define due duration of an impulse. Root mean as F-, A-, and M-weighted where the to limited studies addressing the square is calculated by squaring all of values that are F or flat weighted are the behavioral effects of sounds on marine the sound amplitudes, averaging the highest (no sound filtered), while M- mammals. Potential effects from squares, and then taking the square root weighted values are higher than A impulsive sound sources can range in of the average (Urick, 1983). Root mean weighted (in other words A weighting is square accounts for both positive and filtering out more of the sound than M- severity from effects such as behavioral negative values; squaring the pressures weighting). disturbance or tactile perception to makes all values positive so that they Sounds are often considered to fall physical discomfort, slight injury of the may be accounted for in the summation into one of two general types: Pulsed internal organs and the auditory system, of pressure levels (Hastings and Popper, and non-pulsed (defined in the or mortality (Yelverton et al., 1973). 2005). This measurement is often used following). The distinction between Masking in the context of discussing behavioral these two sound types is important effects, in part because behavioral because they have differing potential to Any man-made noise that is strong effects, which often result from auditory cause physical effects, particularly with enough to be heard has the potential to cues, may be better expressed through regard to hearing (e.g., Ward, 1997 in reduce (mask) the ability of marine averaged units than by peak pressures. Southall et al., 2007). Please see mammals to hear natural sounds at Sound exposure level (SEL; Southall et al. (2007) for an in-depth similar frequencies, including calls from represented as dB re 1 mPa2-s) discussion of these concepts. conspecifics and environmental sounds represents the total energy contained Pulsed sound sources (e.g., airguns, such as surf noise. However, the within a pulse and considers both explosions, gunshots, sonic booms, infrequent launch events (up to 40 per intensity and duration of exposure. Peak impact pile driving) produce signals year) of which some will be small sound pressure (also referred to as zero- that are brief (typically considered to be missiles, could cause masking, but it to-peak sound pressure or 0–p) is the less than one second), broadband, atonal would be expected for no more than a maximum instantaneous sound pressure transients (ANSI, 1986, 2005; Harris, measurable in the water at a specified 1998; NIOSH, 1998; ISO, 2003) and very small fraction of the time during distance from the source and is occur either as isolated events or any single day (e.g., usually less than 2 represented in the same units as the rms repeated in some succession. Pulsed seconds and rarely more than 5 seconds sound pressure. Another common sounds are all characterized by a during a single launch). Occasional brief metric is peak-to-peak sound pressure relatively rapid rise from ambient episodes of masking at SNI would have (pk–pk), which is the algebraic pressure to a maximal pressure value no significant effects on the ability of difference between the peak positive followed by a rapid decay period that pinnipeds to hear one another or to and peak negative sound pressures. may include a period of diminishing, detect natural environmental sounds Peak-to-peak pressure is typically oscillating maximal and minimal that may be relevant. Due to the approximately 6 dB higher than peak pressures, and generally have an expected sound levels of the activities pressure (Southall et al., 2007). increased capacity to induce physical proposed and the distance of the Animals are not equally sensitive to injury as compared with sounds that activity from marine mammal habitat, sounds across their hearing range, so lack these features. the effects of sounds from the proposed weighting functions are used to Non-pulsed sounds can be tonal, activities are unlikely to result masking. emphasize ranges of best hearing and narrowband, or broadband, brief or Therefore, masking is not discussed de-emphasize ranges of less or no prolonged, and may be either further.

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Temporary or Permanent Hearing Loss Dos Coves (associated with a Coyote end of SNI. Bowles and Stewart (1980) Very strong sounds have the potential launch from the Alpha Complex) reported that harbor seals on San Miguel to cause temporary or permanent exceeded the TTS value for phocids at Island reacted to low-altitude jet reduction in hearing sensitivity. 132.1 dB SEL-f; however, harbor seals overflights with alert postures and often Received sound levels must far exceed were not hauled out on Dos Cove as with rapid movement across the haulout the animal’s hearing threshold for there they would be the most sensitive for sites, especially when aircraft were to be any temporary hearing impairment hearing during these launches. Dos Cove visible. During missile launches in or temporary threshold shift (TTS). For is dominated by California sea lions and 2001–2017, there was no evidence of transient sounds, the sound level harbor seal do not normally frequent launch-related injuries or deaths (Burke necessary to cause TTS is inversely Dos Cove. Generally, harbor seals no 2017; Holst et al. 2010; Holst et al. related to the duration of the sound. longer haul out on beaches on the 2005a; Holst et al. 2008; Holst et al. Received levels must be even higher for western side of SNI, but are north of the 2011; Ugoretz 2016; Ugoretz and Greene there to be risk of permanent hearing anticipated launch azimuths on Phoca Jr. 2012). On several occasions, harbor impairment, or permanent threshold Reef and Pirates Cove. Sound levels seals and California sea lion adults shift (PTS). Although it is possible that recorded from Coyote launches at Phoca moved near and sometimes over older some pinnipeds may incur TTS during Reef and Pirates Cove have been lower pups (i.e., greater than four months old) launches from SNI, hearing impairment than those within the azimuth of the as the animals moved in response to the missiles launched at the western end of has not been measured for pinniped launches, but the pups were not injured SNI. Also in the 2017 monitoring report, species exposed to launch sounds. (Holst et al., 2010; Holst et al., 2005a; a sound level of 89.3 dB SEL-f (73.7 Auditory brainstem response (i.e., Holst et al., 2008; Holst et al., 2011; SEL–A, 78.9 SEL-Mpa) was measured at hearing assessment using measurements Ugoretz and Greene Jr. 2012). Phoca Reef, well below the TTS of electrical responses of the brain) was threshold. In 2016, sound levels at Disturbance Reactions used to demonstrate that harbor seals Pirates Cove were measured at 94.9 dB did not exhibit loss in hearing Missile launches are characterized by SEL-f (85.4 SEL–A, 92.0 SEL-Mpa) and sensitivity following launches of large sudden onset of sound, moderate to 93.9 dB SEL-f (83.4 SEL–A, 90.8 SEL- rockets at Vandenberg Air Force Base high peak sound levels (depending on Mpa) during Coyote launch events, also the type of missile and distance), and (VAFB) (Thorson et al., 1999; Thorson well below the TTS threshold. et al., 1998). However, the hearing tests short sound duration. Disturbance In general, if any TTS were to occur includes a variety of effects, including did not begin until at least 45 minutes to pinnipeds, it is expected to be mild after the launch; therefore, harbor seals subtle changes in behavior, more and reversible. It is possible that some conspicuous changes in activities, and may have incurred TTS which was launch sounds as measured close to the undetectable by the time testing was displacement. Behavioral responses to launchers may exceed the permanent sound are highly variable and context- begun. There was no sign of PTS in any threshold shift (PTS) criteria, but it is of the harbor seals tested (Thorson et al., specific and reactions, if any, depend on not expected that any pinnipeds would species, state of maturity, experience, 1999; Thorson et al., 1998). Since 2001, be close enough to the launchers to be no launch events at SNI have exposed current activity, reproductive state, exposed to sounds strong enough to auditory sensitivity, time of day, and pinnipeds to noise levels at or cause PTS. Due to the expected sound exceeding those where PTS could be many other factors (Richardson et al., levels of the activities proposed and the 1995; Wartzok et al., 2003; Southall et incurred. distance of the activity from marine Based on measurements of received al., 2007). Pinnipeds may be exposed to mammal habitat, the effects of sounds airborne sounds that have the potential sound levels during previous launches from the proposed activities are unlikely at SNI (Burke 2017; Holst et al., 2010; to result in behavioral harassment, to result in PTS and therefore, PTS is depending on an animal’s distance from Holst et al., 2005a; Holst et al., 2008; not discussed further. Holst et al., 2011; Ugoretz 2016; Ugoretz the sound and the type of missile being and Greene Jr. 2012), the Navy expects Non-Auditory Physical or Physiological launched. Sound could cause hauled that there is a very limited potential of Effects out pinnipeds to exhibit changes in TTS for a few of the pinnipeds present, If noise-induced stress does occur in their normal behavior, such as particularly for phocids. Available marine mammals, it is expected to occur temporarily abandoning their habitat. evidence from launch monitoring at SNI primarily in those exposed to chronic or Habituation can occur when an in 2001–2017 suggests that only a small frequent noise. It is very unlikely that it animal’s response to a stimulus wanes number of launch events produced would occur in animals, specifically with repeated exposure, usually in the sound levels that could elicit TTS for California sea lions, harbor seals, and absence of unpleasant associated events some pinnipeds (Burke 2017; Holst et northern elephant seals, exposed to only (Wartzok et al., 2003). Animals are most al., 2008; Holst et al., 2011; Ugoretz a few very brief launch events over the likely to habituate to sounds that are 2016; Ugoretz and Greene Jr. 2012). course of a year. Due to the expected predictable and unvarying. The opposite Table 6–1 of the Navy’s application sound levels of the activities proposed process is sensitization, when an present the TTS and PTS thresholds for and the distance of the activity from unpleasant experience leads to impulsive sources (unweighted SEL) marine mammal habitat, the effects of subsequent responses, often in the form with the TTS threshold for phocids in sounds from the proposed activities are of avoidance, at a lower level of air at 123 dB SEL (unweighted) and 146 unlikely to result non-auditory physical exposure. Behavioral state may affect dB SEL (unweighted) for otariids in air. or physiological responses and are not the type of response as well. For In the 2017 monitoring report, the discussed further in this section. example, animals that are resting may SEL-f for launches were between 94 and show greater behavioral change in 117 dB SEL-f (with the SEL–A and SEL- Flushing or Stampede-Related Injury or response to disturbing sound levels than Mpa being even lower). Sounds at these Mortality animals that are highly motivated to levels are not expected to cause TTS or It is possible that launch-induced remain in an area for feeding PTS for pinnipeds. There was one stampedes could have adverse impacts (Richardson et al., 1995; NRC, 2003; launch event in 2017 where the SEL-f at on individual pinnipeds on the west Wartzok et al., 2003).

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Controlled experiments with captive with juvenile pinnipeds being more activities. These data suggest that marine mammals have shown likely to react by leaving the haulout pinniped responses to the stimuli pronounced behavioral reactions, site. The probability and type of associated with the proposed activities including avoidance of loud underwater behavioral response will also depend on are dependent on species and intensity sound sources (Ridgway et al., 1997; the season, the group composition of the of the stimuli. The data recorded by the Finneran et al., 2003). These may be of pinnipeds, and the type of activity in Navy has shown that pinniped limited relevance to the proposed which they are engaged. For example, in responses to launch noise vary activities given that airborne sound, and some cases, harbor seals at SNI appear depending on the species, the intensity not underwater sound, may result in to be more responsive during the of the stimulus, and the location (i.e., harassment of marine mammals as a pupping/breeding season (Holst et al. the western haulouts within the launch result of the proposed activities; 2005a; Holst et al. 2008) while in others, azimuths and where sound exposure however we present this information as mothers and pups seem to react less to would be 100 dB SEL or greater on SNI); background on the potential impacts of launches than lone individuals (Ugoretz but in general responses are generally sound on marine mammals. Observed and Greene Jr. 2012), and California sea brief and limited. responses of wild marine mammals to lions seem to be consistently less Anticipated Effects on Marine Mammal loud pulsed sound sources (typically responsive during the pupping season Habitat seismic guns or acoustic harassment (Holst et al. 2010; Holst et al. 2005a; devices) have been varied but often Holst et al. 2008; Holst et al. 2011; Holst Impacts on marine mammal habitat consist of avoidance behavior or other et al. 2005b; Ugoretz and Greene Jr. are part of the consideration in making behavioral changes suggesting 2012). Though pup abandonment could a finding of negligible impact on the discomfort (Morton and Symonds, 2002; theoretically result from these reactions, species and stocks of marine mammals. Thorson and Reyff, 2006; see also site-specific monitoring data indicate Habitat includes, but is not necessarily Gordon et al., 2004; Wartzok et al., that pup abandonment is not likely to limited to, rookeries, mating grounds, 2003; Nowacek et al., 2007). occur as a result of the specified activity feeding areas, and areas of similar The onset of noise can result in because it has not been previously significance. We do not anticipate that temporary, short-term changes in an observed. While the reactions are the proposed operations would result in animal’s typical behavior and/or variable, and can involve abrupt any temporary or permanent effects on avoidance of the affected area. These movements by some individuals, the habitats used by the marine behavioral changes may include: biological impacts of these responses mammals in the proposed area, Reduced/increased vocal activities; appear to be limited. The responses are including the food sources they use (i.e., changing/cessation of certain behavioral not expected to result in significant fish and invertebrates). While it is activities (such as socializing or injury or mortality, or long-term anticipated that the proposed activity feeding); visible startle response or negative consequences to individuals or may result in marine mammals avoiding aggressive behavior; avoidance of areas pinniped populations on SNI. certain areas due to temporary where sound sources are located; and/ ensonification, this impact to habitat is or flight responses (Richardson et al., Monitoring Data temporary and reversible and was 1995). Given this variability in responses as considered in further detail earlier in The biological significance of many of described above, the Navy assumes that this document, as behavioral these behavioral disturbances is difficult behavioral disturbance will sometimes modification. The main impact to predict, especially if the detected occur upon exposure to launch sounds associated with the proposed activity disturbances appear minor. However, with SELs of 100 dB or higher; but for will be temporarily elevated noise levels the consequences of behavioral harbor seals, this level may be lower. and the associated direct effects on modification could potentially be Previous monitoring at SNI has shown marine mammals, previously discussed biologically significant if the change that California sea lions and harbor seals in this notice. affects growth, survival, or move along the beach and/or enter the Various beaches around SNI are used reproduction. The onset of behavioral water at Mpa-weighted SELs above 100 by pinnipeds as places to rest, molt, and disturbance from anthropogenic sound dB re 20 mPa2·s. Some harbor seals have breed. These beaches consist of sand depends on both external factors been shown to leave the haulout site (e.g., Red Eye Beach), rock ledges (e.g., (characteristics of sound sources and and/or enter the water at Mpa-weighted Phoca Reef), and rocky cobble (e.g., their paths) and the specific SELs as low as 60 dB re20 mPa2·s, Bachelor Beach). Pinnipeds continue to characteristics of the receiving animals although the proportion of animals use beaches around the western end of (hearing, motivation, experience, reacting is smaller when levels are SNI, and indeed are expanding their use demography) and is difficult to predict lower (Holst et al. 2005a; Holst et al. of some beaches despite ongoing launch (Southall et al., 2007). 2008; Holst et al. 2011; Holst et al. activities for many years. Similarly, it Responses of pinnipeds on beaches 2005b). Stampedes of California sea appears that sounds from prior launches exposed to acoustic disturbance arising lions into the water are infrequent have not affected pinniped use of from launches are highly variable. during launch events and even more so coastal areas at VAFB. Harbor seals can be more reactive when when received sound levels are below Pinnipeds forage in the open ocean hauled out compared to other species, 100 dB re 20 mPa2·s (Holst et al., 2005a; and in the waters near SNI; however, such as northern elephant seals. Holst et al., 2008; Holst et al., 2011; the airborne launch sounds would not Northern elephant seals generally Holst et al., 2005b). Nearly 20 years of persist in the water near SNI. Therefore, exhibit no reaction at all, except monitoring data exists on pinniped it is not expected that the launch perhaps a heads-up response or some responses to the stimuli associated with activities would impact prey resources, stirring. If northern elephant seals do the proposed activities in the particular Essential Fish Habitat (EFH), or feeding react, it may occur if California sea lions geographic area of the proposed success of pinnipeds. Three types of are in the same area mingled with the activities. Therefore, we consider these EFH are present in the activity area: northern elephant seals and the sea data to be the best available information Groundfish, coastal pelagic species, and lions react strongly. Responsiveness also in regard to estimating take of pinnipeds highly migratory species, as well as varies with time of year and age class, to stimuli associated with the proposed canopy kelp Habitat Areas of Particular

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Concern (HAPC). However, none of disruption of behavioral patterns (and/ duty cycle), the environment (e.g., these types of EFH or HAPC will be or TTS, although only some missile bathymetry), and the receiving animals impacted by the proposed activity. launches have exceeded the level at (hearing, motivation, experience, Boosters from missiles (e.g., jet- which TTS onset might occur, demography, behavioral context) and assisted take off rocket bottles for BQM particularly for phocids) for individual can be difficult to predict (Southall et drone missiles) may be jettisoned marine mammals resulting from al., 2007, Ellison et al., 2012). Based on shortly after launch and fall on the exposure to airborne sounds from rocket what the available science indicates and island and would be collected, but are and missile launch. Based on the nature the practical need to use a threshold not expected to impact beaches. Fuel of the activity, Level A harassment is based on a factor that is both predictable contained in these boosters is consumed neither anticipated nor proposed to be and measurable for most activities, rapidly and completely, so there would authorized. NMFS uses a generalized acoustic be no risk of contamination even in the As described previously, no mortality threshold based on received level to very unlikely event that a booster did is anticipated or proposed to be estimate the onset of behavioral land on a beach or nearshore waters. authorized for this activity. Below we harassment. Generally, for in-air sounds, Overall, the proposed missile launch describe how the take is estimated. NMFS predicts that harbor seals activity is not expected to cause Generally speaking, we estimate take exposed above received levels of 90 dB significant impacts or have permanent, by considering: (1) Acoustic thresholds re 20 mPa (rms) will be behaviorally adverse effects on pinniped habitats or above which NMFS believes the best harassed, and other pinnipeds will be on their foraging habitats and prey. available science indicates marine harassed when exposed above 100 dB re mammals will be behaviorally harassed 20 mPa (rms). However, more recent data Estimated Take or incur some degree of permanent suggest that pinnipeds will be harassed This section provides an estimate of hearing impairment; (2) the area that when exposure is above 100 dB SEL the number of incidental takes proposed will be ensonified above these levels in (unweighted) (Criteria and Thresholds for authorization through this IHA, a day; (3) the density or occurrence of for U.S. Navy Acoustic and Explosive which will inform NMFS’ negligible marine mammals within these Effects Analysis (Phase III) Technical impact determination. ensonified areas; and, (4) and the Report (U.S. Department of the Navy, Harassment is the only type of take number of days of activities. We note 2017)). NMFS previously helped expected to result from these activities. that while these basic factors can develop the Phase III criteria and has For this military readiness activity, the contribute to a basic calculation to determined that the criteria and MMPA defines ‘‘harassment’’ as (i) Any provide an initial prediction of takes, thresholds shown in Table 5 are act that injures or has the significant additional information that can appropriate to determine when Level B potential to injure a marine mammal or qualitatively inform take estimates is harassment by behavioral disturbance marine mammal stock in the wild (Level also sometimes available (e.g., previous may occur as a result of exposure to A harassment); or (ii) Any act that monitoring results or average group airborne sound on SNI. This behavioral disturbs or is likely to disturb a marine size). Below, we describe the factors disturbance criterion was used to mammal or marine mammal stock in the considered here in more detail and determine the areas that the Navy wild by causing disruption of natural present the proposed take estimate. should monitor based on the sound behavioral patterns, including, but not levels recorded at the pinniped haul limited to, migration, surfacing, nursing, Acoustic Thresholds outs during launch events. This breeding, feeding, or sheltering, to a Though significantly driven by criterion is not being used to directly point where such behavioral patterns received level, the onset of behavioral estimate the take, rather to assume areas are abandoned or significantly altered disturbance from anthropogenic noise within which pinnipeds hauled out on (Level B harassment). exposure is also informed to varying particular beaches may be harassed Authorized takes would be by Level B degrees by other factors related to the (based on the previous acoustic harassment only, in the form of source (e.g., frequency, predictability, monitoring).

TABLE 5—BEHAVIORAL THRESHOLD FOR IMPULSIVE SOUND FOR PINNIPEDS

Level B harassment by behavior Species disturbance threshold

All pinniped species (in-air) ...... 100 dB re 20 μPa2s SEL (unweighted).

Thresholds have also been developed anticipated to occur) for pinnipeds and The TTS/PTS threshold for pinnipeds identifying the received level of in-air discussed previously in this document (in-air) are repeated here (see Table 6 sound for the onset of TTS (no PTS is (U.S. Department of the Navy, 2017). below).

TABLE 6—TTS/PTS THRESHOLDS FOR PINNIPEDS [In-air]

Non-impulsive Impulsive

Group TTS threshold PTS threshold TTS threshold TTS threshold PTS threshold PTS threshold SEL a SEL a SEL a peak SPL b SEL b peak SPL b (weighted) (weighted) (weighted) (unweighted) (weighted) (unweighted)

OA c ...... 157 177 146 170 161 176

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TABLE 6—TTS/PTS THRESHOLDS FOR PINNIPEDS—Continued [In-air]

Non-impulsive Impulsive Group TTS threshold PTS threshold TTS threshold TTS threshold PTS threshold PTS threshold SEL a SEL a SEL a peak SPL b SEL b peak SPL b (weighted) (weighted) (weighted) (unweighted) (weighted) (unweighted)

PA d ...... 134 154 123 155 138 161 a SEL thresholds are in dB re(20μPa)2·s. b SPL thresholds in dB 20μPa in air. c OA-Otariid in air (California sea lion). d PA-Phocid in air (harbor seal, northern elephant seal).

Ensonified Area occupation of harbor seals on haul outs M. Refer to Figure 1 for a map of these In-air sound propagation from missile and occupation is dependent on tides. areas. Harbor seals tend to be more sensitive launch sources at SNI had not been well California Sea Lions to visual cues as well and do not prefer studied prior to monitoring work during During the July 2011–2015 census, 2001–2007. During the 2001–2017 beaches with California sea lions. Most of the beaches where harbor seals are California sea lion counts on SNI period, the strongest sounds originating averaged 52,634.8 individuals per year from a missile in flight over the beaches hauled out, and which Navy has been able to monitor, occur in area O which (SD = 9,899.0) (Lowry et al., 2017b). at SNI were produced by Vandal (no Between 2001 and 2017, a maximum of longer launched from SNI) and Coyote is north of both the Alpha Launch Complex and Building 307 Complex 2,807 instances of take of California sea launches, with the exception of one lions by Level B harassment were SM–2 launched in 2015 (see Table 6–3 and not in the trajectory of launches that occur from these sites. estimated to have been potentially of the application, but also Table 7 harassed in a single monitoring year below). The range of sound levels The Navy will continue to conduct incidental to missile launches at SNI recorded on SNI during Coyote launches marine mammal and acoustic (Burke 2017; Holst et al. 2010; Holst et were 128 dB re 20 mPa2·s SEL-f (115 dB measurements during every launch al. 2008; Holst et al. 2011; Ugoretz 2016; SEL–A, 123 dB SEL-Mpa) closest to the event at three pinniped sites per launch Ugoretz and Greene Jr. 2012). From the launcher and ranged from 87 to 119 dB event within areas K, L, M or O. As an 2015–2017 monitoring seasons, there re 20 mPa2·s SEL-f (46 to 107 dB SEL– example in 2017, the Navy conducted was a total of 4,940 instances of take of A, 60 to 114 dB SEL-Mpa weighted) at acoustic and marine mammal California sea lions by Level B nearshore locations. These values monitoring during their launch events at harassment (702 sea lions in 2017, 1431 demonstrate that the sound levels are beaches with hauled out pinnipeds (see sea lions in 2016, and 2,807 sea lions in high enough to cause disturbance based Navy’s Table 2.2 from the 2017 2015) over 18 launches. Of these results, on the behavioral thresholds (Table 5), monitoring report) in areas M and L an average of 274.44 instances of take of but below the TTS thresholds (Table 6) (beaches of Dos Cove and Redeye Beach) sea lions by Level B harassment per during Coyote launches (most and in area O (beaches of Pirates Cove launch occurred. frequently launched missile on SNI). and Phoca Reef). Harbor Seals For additional information on sound Marine Mammal Occurrence levels please refer to the application. During the July 2011–2015 census, in Coyotes are launched from the inland In this section we provide the July 2015 when all the Channel Islands Alpha Launch Complex so there would information about the presence, density, were surveyed for harbor seals, 259 be no pinnipeds near the launcher. The or group dynamics of marine mammals seals were counted at SNI (18.9 percent) pinnipeds closest to the Coyote that will inform the take calculations. (Lowry et al., 2017b). Harbor seals are launches are on the beaches (areas L and Some pinnipeds that haulout on the not uniformly distributed around the M) directly below the flight trajectory, western end of SNI are expected to be perimeter of SNI. During the July 2011– for which the CPA distance is about 0.9 within the area where noise from 2015 census most harbor seals were km. Stronger sounds were also recorded launches exceeds 100 dB SEL. However, mostly found in areas L, N, and Q on at the launcher, but sound levels were it is likely that far fewer pinnipeds SNI (see Figure 1 for a map of these dependent on the size of the missile occur within the area where sounds areas). However, in recent years, the launched. Launches of smaller missiles from smaller launch missiles, such as Navy has indicated that harbor seals are typically occur from the Building 807 the BQM missiles, reach above 100 dB mostly found and monitored in area O, Complex near the beach where the SEL and none of the recorded SELs just north of the launch azimuths on the closest pinniped haulouts (area L and appear to be sufficiently strong to northern side of the island so that is portions of K) are located about 0.3 km induce TTS. Previous monitoring during where they conduct their acoustic and from the CPA. Harbor seal haulouts 2001–2017 showed that SELs above 100 marine mammal monitoring for harbor (areas L and J) are located at least 1 km dB re 20 mPa2·s were measured in seals. Between 2001 and 2017, a from the CPA from the Building 807 pinniped areas K, L, and M (Cormorant maximum of 31 instances of take of Complex. It is important to note that in Rock to Red Eye Beach); therefore, these harbor seals by Level B harassment were recent years, harbor seals are not always are the areas that the Navy focuses their estimated in a single monitoring year present when Navy conducts their marine mammal monitoring on. In more incidental to missile launches at SNI monitoring during launch events, and recent years, Navy started monitoring (Burke 2017; Holst et al. 2010; Holst et there have not been many places to area O (Phoca Reef and Pirates Cove) as al. 2008; Holst et al. 2011; Ugoretz 2016; observe harbor seals during the harbor seals are hauling out here now Ugoretz and Greene Jr. 2012). From the launches. There is not a constant and not as frequently in areas K, L, and 2015–2017 monitoring seasons, a total

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of 43 instances of take of harbor seals (8 disturbs or is likely to disturb a marine For California sea lions, take estimates in 2017, 4 in 2016, and 31 in 2015) by mammal or marine mammal stock in the were derived from three monitoring Level B harassment occurred over 18 wild by causing disruption of natural seasons (2015 to 2017) where an average total launches. Of these results, an behavioral patterns, including, but not of 274.44 instances of take of sea lions average of 2.39 instances of take of limited to, migration, surfacing, nursing, by Level B harassment occurred per harbor seals by Level B harassment per breeding, feeding, or sheltering, to a launch event. Therefore, 275 sea lions launch occurred. These harbor seals point where such behavioral patterns was then multiplied by 40 launch were mostly observed in area O (Phoca are abandoned or significantly altered events, for a conservative take estimate Reef and Pirates Cove). (Level B Harassment). of 11,000 instances of take for California It is difficult to derive unequivocal sea lions by Level B harassment (Table Northern Elephant Seals criteria to identify situations in which 7). This estimate is conservative because During the July 2011–2015 census, in launch sounds are expected to cause the Navy has not conducted more than 2015, when all islands were surveyed significant disturbance responses to 25 launch events (although authorized for elephant seals, 932 elephant seals pinnipeds hauled out on SNI. One or for more) in a given year since 2001. were found on SNI (20.5 percent of more pinnipeds blinking its eyes, lifting For harbor seals, take estimates were total). Northern elephant seals were not or turning its head, or moving a few feet derived from three monitoring seasons uniformly distributed around the along the beach as a result of a human (2015 to 2017) where an average of 2.39 perimeter of SNI. Area K at SNI had the activity is not considered a ‘‘take’’ under instances of take of harbor seals by most elephant seals on island (Lowry et the MMPA definition of harassment. Level B harassment occurred per launch al., 2017b). From the 2015–2017 Therefore, the criteria used by the Navy event. Therefore, 3 harbor seals was monitoring seasons, a total of 11 to determine if an animal is affected by then multiplied by 40 launch events for instances of take of elephant seals by a launch event and is taken by Level B a conservative take estimate of 120 Level B harassment occurred (0 in 2017, harassment is as follows: instances of take for harbor seals by 1 in 2016, 10 in 2015) of the 100 1. Pinnipeds that are exposed to Level B harassment (Table 7). animals that were observed. Overall, launch sounds strong enough to cause For northern elephant seals, take from the 2015–2017 monitoring seasons, TTS; or estimates were derived from three 11 instances of take of northern 2. Pinnipeds that leave the haulout monitoring seasons (2015 to 2017) elephant seals by Level B harassment site, or exhibit prolonged movement where an average of 0.61 instances of occurred over 18 launch events for an (>10 m) or prolonged behavioral take of northern elephant seals by Level average of 0.61 per launch event. changes (such as pups separated from B harassment occurred per launch mothers) relative to their behavior event. Therefore, one northern elephant Take Calculation and Estimation immediately prior to the launch. seal was then multiplied by 40 launch The NDAA of 2004 (Pub. L. 103–136) Here we describe how the information events for a conservative take estimate removed the ‘‘small numbers’’ and provided above is brought together to of 40 instances of take of northern ‘‘specified geographical region’’ produce a quantitative take estimate. elephant seals by Level B harassment limitations indicated above and Previously, take estimates were (Table 7). Generally, northern elephant amended the definition of ‘‘harassment’’ calculated based on areas ensonified seals do not react to launch events other as it applies to a ‘‘military readiness above the behavioral disturbance than simple alerting responses such as activity’’ to read as follows (section criterion and the estimated numbers of raising their heads or temporarily going 3(18)(B) of the MMPA): (i) Any act that pinnipeds exposed to at or above that from sleeping to being awake; however, injures or has the significant potential to level. However, for this IHA we rely on to account for the rare instances where injure a marine mammal or marine the past three seasons of monitoring of they have reacted, the Navy considered mammal stock in the wild (Level A pinnipeds to determine the take that some northern elephant seals that Harassment); or (ii) Any act that estimate. could be taken during launch events.

TABLE 7—LEVEL B HARASSMENT TAKE ESTIMATES FOR PINNIPEDS ON SNI

Proposed Stock abundance Species Level B harassment (percent taken by Level B harassment)

California sea lion ...... 11,000 257,606 (4.27 percent). Harbor seal ...... 120 30,968 (less than 1 percent). Northern elephant seal ...... 40 179,000 (less than 1 percent).

Proposed Mitigation certain subsistence uses (latter not military readiness activities and the applicable for this action). NMFS incidental take authorization process In order to issue an IHA under regulations require applicants for such that ‘‘least practicable impact’’ Section 101(a)(5)(D) of the MMPA, incidental take authorizations to include shall include consideration of personnel NMFS must set forth the permissible information about the availability and safety, practicality of implementation, methods of taking pursuant to such feasibility (economic and technological) and impact on the effectiveness of the activity, and other means of effecting of equipment, methods, and manner of military readiness activity. the least practicable impact on such conducting such activity or other means In evaluating how mitigation may or species or stock and its habitat, paying of effecting the least practicable adverse may not be appropriate to ensure the particular attention to rookeries, mating impact upon the affected species or grounds, and areas of similar stocks and their habitat (50 CFR least practicable adverse impact on significance, and on the availability of 216.104(a)(11)). The NDAA for FY 2004 species or stocks and their habitat, as such species or stock for taking for amended the MMPA as it relates to well as subsistence uses where

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applicable, we carefully consider two obstructions, in order to achieve the cumulative), other stressors, or primary factors: highest skill proficiency and most cumulative impacts from multiple (1) The manner in which, and the accurate testing results possible in areas stressors; degree to which, the successful analogous to where the military • How anticipated responses to implementation of the measure(s) is operates. stressors impact either: (1) Long-term expected to reduce impacts to marine Aircraft Operation Mitigation fitness and survival of individual mammals, marine mammal species or marine mammals; or (2) populations, stocks, and their habitat. This considers All aircraft and helicopter flight paths species, or stocks; the nature of the potential adverse must maintain a minimum distance of • Effects on marine mammal habitat impact being mitigated (likelihood, 1,000 ft (305 m) from recognized seal (e.g., marine mammal prey species, scope, range). It further considers the haulouts and rookeries), except in acoustic habitat, or other important likelihood that the measure will be emergencies. physical components of marine effective if implemented (probability of Based on our evaluation of the Navy’s mammal habitat); and accomplishing the mitigating result if proposed mitigation measures, as well • implemented as planned), the as other measures considered by NMFS, Mitigation and monitoring likelihood of effective implementation NMFS has preliminarily determined effectiveness. (probability implemented as planned), that the proposed mitigation measures The Navy has proposed a suite of and; provide the means effecting the least monitoring measures on SNI to (2) the practicability of the measures practicable impact on the affected document impacts of the proposed for applicant implementation, which species or stocks and their habitat, launch events on marine mammals. may consider such things as cost, paying particular attention to rookeries, These proposed monitoring measures impact on operations, and, in the case mating grounds, and areas of similar are described below. of a military readiness activity, significance. Visual and Video Camera Monitoring personnel safety, practicality of Proposed Monitoring and Reporting implementation, and impact on the The Navy proposes to conduct marine effectiveness of the military readiness In order to issue an IHA for an mammal monitoring during launches activity. activity, Section 101(a)(5)(D) of the from SNI, using visual monitoring as MMPA states that NMFS must set forth Personnel Mitigation well as simultaneous autonomous audio requirements pertaining to the recording of launch sounds and video Personnel will not enter pinniped monitoring and reporting of such taking. recording of pinniped behavior. The haulouts. Personnel will be adjacent to The MMPA implementing regulations at monitoring (all land-based) will provide pinniped haulouts below the predicted 50 CFR 216.104(a)(13) indicate that data required to characterize the extent missile path for two hours prior to a requests for authorizations must include and nature of ‘‘taking.’’ In particular, it launch only for monitoring purposes. the suggested means of accomplishing will provide the information needed to Launch Mitigation the necessary monitoring and reporting document the nature, frequency, that will result in increased knowledge occurrence, and duration of any changes Missiles will not cross over pinniped of the species and of the level of taking in pinniped behavior that might result haulouts at elevations less than 305 m or impacts on populations of marine from the missile launches, including the (1,000 ft). Launches at night will be mammals that are expected to be occurrence of stampedes. limited. Launches will be avoided present in the proposed action area. during harbor seal pupping season Visual monitoring, before and after Effective reporting is critical both to launches, is a scan of the haul out (February through April) unless compliance as well as ensuring that the constrained by mission objectives. beaches to count pinnipeds over a wider most value is obtained from the required FOV than can be captured by a Launches will be limited during the monitoring. pupping season for northern elephant stationary video camera. This is Monitoring and reporting typically done over a 15–30 minute seal (January through February) and requirements prescribed by NMFS California sea lion (June through July) period. Visual monitoring is conducted should contribute to improved while the equipment is being set up and unless constrained by mission understanding of one or more of the objectives or certain other factors. It is broken down for video and acoustic following: monitoring which is described in greater vital that the Navy effectively executes • Occurrence of marine mammal detail below. Prior to a launch event, readiness activities to ensure naval species or stocks in the area in which Navy personnel will make observations forces can effectively execute military take is anticipated (e.g., presence, of the monitored haulout and record the operations. The ability to schedule and abundance, distribution, density); locate training and testing without • Nature, scope, or context of likely numbers and types of pinnipeds excessively burdensome restrictions marine mammal exposure to potential observed, noting the information on within the Study Area is crucial to stressors/impacts (individual or field data sheets. After a launch event, ensure those activities are practical, cumulative, acute or chronic), through Navy personnel will return to the effective, and safe to execute. To meet better understanding of: (1) Action or monitored haulout as soon as it is safe, its military readiness requirements environment (e.g., source and record the numbers and types of (mission objectives), the Navy requires characterization, propagation, ambient pinnipeds that remain on the haulout consistent access to a variety of realistic, noise); (2) affected species (e.g., life sites and any notable changes. tactically-relevant oceanographic and history, dive patterns); (3) co-occurrence Video monitoring is conducted by environmental conditions (e.g., of marine mammal species with the recording continuously from a bathymetry, topography, surface fronts, action; or (4) biological or behavioral minimum of 2 hours before the event to and variations in sea surface context of exposure (e.g., age, calving or approximately 1 hour after the event. temperature), and sea space and feeding areas); These video and audio records will be airspace that is large enough or situated • Individual marine mammal used to document pinniped responses to in a way that allows activities to be responses (behavioral or physiological) the launches. This will include the completed without physical or logistical to acoustic stressors (acute, chronic, or following components:

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D Identify and document any change availability and other factors. The addition, the following variables in behavior or movements that may digital data is later copied to DVD– concerning the circumstances of the occur at the time of the launch; ROMs for subsequent viewing and observations will also be recorded from D Compare received levels of launch analysis; and the videotape or from direct sound with pinniped responses, based (2) Portable Forward-Looking Infrared observations at the site: on acoustic and behavioral data from up Radiometer (FLIR) video cameras will Æ Study location; to three monitoring sites at different be set up by the Navy for nighttime Æ distances from the launch site and launches. These cameras have a Local time; missile path during each launch; from recording duration of approximately 300 Æ Weather (including an estimate of the data accumulated across a series of minutes from initiation of the record wind strength and direction, and launches, to attempt to establish the mode. The FLIR video data will be presence of precipitation); and ‘‘dose-response’’ relationship for launch accessible following the launch. The Æ Tide state (Exact times for local sounds under different launch digital data will later be copied to DVD– high and low tides will be determined conditions if possible; ROMs for subsequent viewing and by consulting relevant tide tables for the D Ascertain periods or launch analysis. day of the launch). conditions when pinnipeds are most Before each launch, Navy personnel and least responsive to launch activities, will set up or activate up to three of the Acoustic Monitoring and available video cameras such that they Acoustical recordings will be D Document take by harassment. overlook chosen haulout sites. obtained during each monitored launch. The launch monitoring program will Placement will be such that disturbance These recordings will be suitable for include remote video recordings before, to the pinnipeds is minimized, and each quantitative analysis of the levels and during, and after launches when camera will be set to record a focal characteristics of the received launch pinnipeds are present in the area of subgroup of sea lions or harbor seals sounds. In addition to providing potential impact, as well as visual within the haulout aggregation for the information on the magnitude, assessment by trained observers before maximum recording time permitted by characteristics, and duration of sounds and after the launch. Remote cameras the videotape capacity. The entire to which pinnipeds are exposed during are essential during launches because haulout aggregation on a given beach each launch, these acoustic data will be safety rules prevent personnel from will not be recorded during some combined with the pinniped behavioral being present in most of the areas of launches, as the wide-angle view data to determine if there is a ‘‘dose- interest. In addition, video techniques necessary to encompass an entire beach response’’ relationship between will allow simultaneous ‘‘observations’’ would not allow detailed behavioral received sound levels and pinniped at up to three different locations, and analyses (Holst et al., 2005a; Holst et al., behavioral reactions. The Navy will use will provide a permanent record that 2008). It will be more effective to obtain up to four autonomous audio recorders can be reviewed in detail. During some a higher-magnification view of a sample to make acoustical measurements. launches, the use of video methods may of the animals on the beach. Prior to During each launch, these will be allow observations of up to three selecting a focal animal group, a pan of located as close as practical to pinniped species during the same the entire haul out beach and monitored pinniped haulout sites and launch, though in general one or two surrounding area will be made in order near the launch pad itself. The species will be recorded. to document the total number of The Navy will seek to obtain video monitored haulout sites will typically animals in the area. include one site as close as possible to and audio records from up to three Following each launch, video the missile’s planned flight path and locations at different distances from the recordings will continue for at least 15 one or two locations farther from the flight path of each missile launched minutes and up to several hours. Greater flight path within the area of potential from SNI. The Navy will try and reduce post-launch time intervals are not impact with pinnipeds present. factors that limit recordings. On advisable as storms and other events Autonomous Terrestrial Acoustic occasion, paired video and audio data may alter the composition of pinniped Recorders (ATARs) will be deployed at were obtained from less than three sites haulout groups independent of launch the recording locations on the launch during some launches, due to various events. day well before the launch time, and potential problems with video and Video data will be transferred to will be retrieved later the same day. acoustic recorders, timing of remote DVD–ROMs. A trained biologist will recordings when launches are delayed, review and code the data from the video During each launch, data on the type absence of pinnipeds from some data as they are played back to a and trajectory of the missile will be locations at some times, etc. monitor (Holst et al., 2005a; Holst et al., documented. From these records the Corresponding data is available from the 2008). The variables transcribed from CPA of the missile to the microphone previous monitoring periods (2001– the videos, or recorded directly at the will be determined, along with its 2018). beach sites, will include: altitude above the shoreline. These data Two different types of cameras will be D Composition of the focal subgroup will be important in comparing acoustic available for use in obtaining video data of pinnipeds (approximate numbers and data with those from other launches. simultaneously from three sites: sexes of each age class); Other factors to be considered will (1) Small handheld high-definition D Description and timing of include wind speed and direction and video cameras on photographic tripods disruptive event (launch); this will launch characteristics (e.g., low- vs. will be set up by Navy personnel at include documenting the occurrence of high-angle launch). These analyses will various locations on the day of a launch, launch, whether launch noise is evident include data from previous and ongoing with the video data being accessible on audio channel, and duration of monitoring work (Burke 2017; Holst et following the launch. Recording audibility; and al., 2010; Holst et al., 2005a; Holst et al., duration varies between 300 and 600 D Movements of pinnipeds, including 2008; Holst et al., 2011; Ugoretz 2016; minutes following initiation of record number and proportion moving, Ugoretz and Greene Jr. 2012), as well as mode on these cameras, depending direction and distance moved, pace of measurements to be obtained during upon battery life, external memory card movement (slow or vigorous). In launches under this IHA.

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Reporting through harassment, NMFS considers harassment of some small subset of an A technical report will be submitted other factors, such as the likely nature overall stock is unlikely to result in any to the NMFS’ Office of Protected of any responses (e.g., intensity, significant realized decrease in fitness to Resources within 90 days from the date duration), the context of any responses those individuals, and thus would not the IHA expires. This report will (e.g., critical reproductive time or result in any adverse impact to the stock provide full documentation of methods, location, migration), as well as effects as a whole. Level B harassment would results, and interpretation pertaining to on habitat, and the likely effectiveness be reduced to the level of least practicable adverse impact through use all monitoring tasks for launches of the mitigation. We also assess the of mitigation measures described above. activities at SNI that are covered under number, intensity, and context of estimated takes by evaluating this If a marine mammal responds to a this proposed IHA. stimulus by changing its behavior (e.g., The technical report containing the information relative to population through relatively minor changes in following information: Species present, status. Consistent with the 1989 preamble for NMFS’s implementing locomotion direction/speed), the number(s), general behavior, presence of response may or may not constitute pups, age class, gender, numbers of regulations (54 FR 40338; September 29, 1989), the impacts from other past and taking at the individual level, and is pinnipeds present on the haulout prior unlikely to affect the stock or the to commencement of the launch, ongoing anthropogenic activities are incorporated into this analysis via their species as a whole. However, if a sound numbers of pinnipeds that responded at source displaces marine mammals from a level that would be considered impacts on the environmental baseline (e.g., as reflected in the regulatory status an important feeding or breeding area harassment length of time(s) pinnipeds for a prolonged period, impacts on remained off the haulout (for pinnipeds of the species, population size and growth rate where known, ongoing animals or on the stock or species could that flushed), and any behavioral potentially be significant (e.g., Lusseau responses by pinnipeds that were likely sources of human-caused mortality, or ambient noise levels). and Bejder, 2007; Weilgart, 2007). in response to the specified activities. Flushing of pinnipeds into the water has To avoid repetition, the discussion of Launch reports would also include the potential to result in mother-pup our analyses applies to all the species date(s) and time(s) of each launch; separation, or could result in a listed in Table 7, given that the date(s) and location(s) of marine stampede, either of which could anticipated effects of this activity on mammal monitoring, and environmental potentially result in serious injury or these different marine mammal species conditions including: Visibility, air mortality. However, based on the best are expected to be similar. Activities temperature, clouds, wind speed and available information, including reports associated with the proposed activities, direction, tides, and swell height and from almost 20 years of marine mammal as outlined previously, have the direction. If a dead or seriously injured monitoring during launch events, no potential to disturb or displace marine pinniped is found during post-launch serious injury or mortality of marine mammals. Specifically, the specified monitoring, the incident must be mammals is anticipated as a result of activities may result in take, in the form reported to the NMFS Office of the proposed activities. Protected Resources and the NMFS’ of Level B harassment only, from In summary and as described above, West Coast Regional Stranding airborne sounds of target and missile the following factors primarily support Coordinator immediately. Results of launch events. Based on the best our preliminary determination that the acoustic monitoring, including the available information, including impacts resulting from this activity are recorded sound levels associated with monitoring reports from similar not expected to adversely affect the the launch and/or sonic boom (if activities that have been authorized by species or stock through effects on applicable) would also be included in NMFS, behavioral responses will likely annual rates of recruitment or survival: the report. be limited behavioral reactions such as • No injury, serious injury, or In the unanticipated event that any alerting to the noise, with some animals mortality are anticipated or authorized; cases of pinniped mortality are judged possibly moving toward or entering the • The anticipated incidences of Level to result from launch activities at any water, depending on the species and the B harassment are expected to consist of time during the period covered by this intensity of the launch noise. Repeated temporary modifications in behavior IHA, this will be reported to NMFS exposures of individuals to levels of (i.e., movements of more than 10 m and immediately. sound that may cause Level B occasional flushing into the water with harassment are unlikely to result in return to haulouts), which are not Negligible Impact Analysis and hearing impairment or to significantly Determination expected to adversely affect the fitness disrupt foraging behavior. Given the of any individuals; NMFS has defined negligible impact launch acceleration and flight speed of • The proposed activities are as an impact resulting from the the missiles, most launch events are of expected to result in no long-term specified activity that cannot be extremely short duration. Strong launch changes in the use by pinnipeds of reasonably expected to, and is not sounds are typically detectable near the rookeries and haulouts in the project reasonably likely to, adversely affect the beaches at western SNI for no more than area, based on nearly 20 years of species or stock through effects on a few seconds per launch (Holst et al., monitoring data; and annual rates of recruitment or survival 2010; Holst et al., 2005a; Holst et al., • The presumed efficacy of planned (50 CFR 216.103). A negligible impact 2008; Holst et al., 2005b). Pinnipids mitigation measures in reducing the finding is based on the lack of likely hauled out on beaches where missiles effects of the specified activity to the adverse effects on annual rates of fly over launched from the Alpha level of least practicable adverse impact. recruitment or survival (i.e., population- Launch Complex routinely haul out and Based on the analysis contained level effects). An estimate of the number continue to use these beaches in large herein of the likely effects of the of takes alone is not enough information numbers. At the Building 807 Launch specified activity on marine mammals on which to base an impact Complex few pinnipeds are known to and their habitat, and taking into determination. In addition to haul out on the shoreline immediately consideration the implementation of the considering estimates of the number of adjacent to this launch site. Thus, even proposed monitoring and mitigation marine mammals that might be ‘‘taken’’ repeated instances of Level B measures, NMFS preliminarily finds

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that the total marine mammal take from would not be completed by the time the OMB Control Number: 0648–XXXX. the proposed activity will have a IHA expires and a second IHA would Form Number(s): None. negligible impact on all affected marine allow for completion of the activities Type of Request: Regular (This is a mammal species or stocks. beyond that described in the Dates and request for a new collection). Duration section, provided all of the Number of Respondents: 850. Unmitigable Adverse Impact Analysis following conditions are met: Average Hours per Response: 0.167 and Determination • A request for renewal is received no (10 minutes). There are no relevant subsistence uses later than 60 days prior to expiration of Burden Hours: 143. of the affected marine mammal stocks or the current IHA. Needs and Uses: In recent years, species implicated by this action. • The request for renewal must harmful algal blooms (HABs) and Therefore, NMFS has determined that include the following: waterborne pathogens such as Vibrio the total taking of affected species or (1) An explanation that the activities vulnificus have caused major health, stocks would not have an unmitigable to be conducted under the proposed ecological, and economic concerns. adverse impact on the availability of Renewal are identical to the activities HABs and other waterborne pathogens such species or stocks for taking for analyzed under the initial IHA, are a can lead to a number of impacts subsistence purposes. subset of the activities, or include including impaired drinking water, changes so minor (e.g., reduction in pile reduced recreational opportunities, and Endangered Species Act (ESA) size) that the changes do not affect the human health impacts from either Section 7(a)(2) of the Endangered previous analyses, mitigation and ingesting affected fish/water or contact Species Act of 1973 (ESA: 16 U.S.C. monitoring requirements, or take with the bloom. To better serve the 1531 et seq.) requires that each Federal estimates (with the exception of public and its stakeholders, NOAA has agency insure that any action it reducing the type or amount of take developed forecasts of HABs extent and severity in the western Lake Erie and in authorizes, funds, or carries out is not because only a subset of the initially the Gulf of Mexico and is finalizing likely to jeopardize the continued analyzed activities remain to be development of a forecast for Vibrio existence of any endangered or completed under the Renewal); and threatened species or result in the (2) A preliminary monitoring report vulnificus in Chesapeake Bay. These destruction or adverse modification of showing the results of the required forecast products are designed to designated critical habitat. No monitoring to date and an explanation provide stakeholders and the public incidental take of ESA-listed species is showing that the monitoring results do with information that can be used to proposed for authorization or expected not indicate impacts of a scale or nature make better decisions that would to result from this activity. Therefore, not previously analyzed or authorized. mitigate the impacts of HABs and NMFS has determined that formal • Upon review of the request for waterborne pathogens. consultation under section 7 of the ESA renewal, the status of the affected This request is for a set of related is not required for this action. species or stocks, and any other surveys to collect information on how stakeholders use NOAA’s ecological Proposed Authorization pertinent information, NMFS determines that there are no more than forecast products in western Lake Erie, As a result of these preliminary minor changes in the activities, the the Gulf of Mexico (the western shore of determinations, NMFS proposes to issue mitigation and monitoring measures Florida and the Texas coastline), and an IHA to the Navy for conducting will remain the same and appropriate, Chesapeake Bay. The surveys are rocket and missile launch events, on and the findings in the initial IHA designed to collect similar information SNI from June 4, 2019 to June 3, 2020, remain valid. from the public and other stakeholders provided the previously mentioned across the three geographic regions mitigation, monitoring, and reporting Dated: April 29, 2019. covered by the forecast products. The requirements are incorporated. A draft Donna S. Wieting, information from these surveys will of the proposed IHA can be found at Director, Office of Protected Resources, assist NOAA in understanding how https://www.fisheries.noaa.gov/permit/ National Marine Fisheries Service. stakeholders, including the public, incidental-take-authorizations-under- [FR Doc. 2019–08948 Filed 5–1–19; 8:45 am] would use the forecast products. This marine-mammal-protection-act. BILLING CODE 3510–22–P information will help NOAA further improve upon research, development, Request for Public Comments and delivery of forecast products nation- We request comment on our analyses, DEPARTMENT OF COMMERCE wide. the proposed authorization, and any NOAA will collect information from other aspect of this Notice of Proposed National Oceanic and Atmospheric the public on how using the information IHA for the proposed Navy target and Administration in the forecast products would affect decisions related to fishing (Lake Erie missile launch activities. We also Submission for OMB Review; and Gulf of Mexico), beach-going/ request comment on the potential for Comment Request renewal of this proposed IHA as swimming (all three regions), and described in the paragraph below. The Department of Commerce will boating (Lake Erie only). These three Please include with your comments any submit to the Office of Management and recreational activities (fishing, supporting data or literature citations to Budget (OMB) for clearance the swimming and boating) reflect the types help inform our final decision on the following proposal for collection of of activities likely to be affected by request for MMPA authorization. information under the provisions of the HABs in each area. For Chesapeake Bay, On a case-by-case basis, NMFS may Paperwork Reduction Act (44 U.S.C. NOAA would implement one survey issue a one-year IHA renewal with an Chapter 35). focused on recreational swimmers since expedited public comment period (15 Agency: National Oceanic and the primary risk posed by Vibrio days) when (1) another year of identical Atmospheric Administration (NOAA). vulnificus is through skin contact with or nearly identical activities as Title: Surveys to Collect Data on Use the bacterium. A companion survey described in the Specified Activities and NOAA Ecological Forecast would ask charter boat operators on section is planned or (2) the activities Products. Lake Erie how information in the

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forecast would affect their decisions Director, Mid-Atlantic Fishery Needs and Uses: Section 4(d) of the regarding fishing operations. Drinking Management Council, telephone: (302) Endangered Species Act of 1973 (ESA) water is also at risk in Lake Erie due to 526–5255. requires the National Marine Fisheries HABs, but NOAA has information on SUPPLEMENTARY INFORMATION: The Service (NMFS) to adopt such how drinking water facilities respond to purpose of the meeting is to discuss the regulations as it ‘‘deems necessary and HABS and is also discussing use of the findings of the Surfclam and Ocean advisable to provide for the forecast products with a small (fewer Quahog Catch Share Program Review conservation of’’ threatened species. than 10) number of drinking water Report, review public comment received Those regulations may include any or facilities. on the Review Report, and to all of the prohibitions provided in Affected Public: Individuals or recommend any next steps to the section 9(a)(1) of the ESA, which households; Business or other for-profit. Council. An agenda and background specifically prohibits ‘‘take’’ of any Frequency: Once. documents will be posted at the endangered species (‘‘take’’ includes Respondent’s Obligation: Voluntary. Council’s website (www.mafmc.org) actions that harass, harm, pursue, kill, This information collection request prior to the meeting. or capture). There are presently 22 may be viewed at reginfo.gov. Follow separate Evolutionarily Significant the instructions to view Department of Special Accommodations Units (ESUs) of west coast salmonids Commerce collections currently under The meeting is physically accessible listed as threatened, covering a large review by OMB. to people with disabilities. Requests for percentage of the land base in Written comments and sign language interpretation or other California, Oregon, Washington and recommendations for the proposed auxiliary aid should be directed to Idaho. On June 28, 2005 (70 FR 37160), information collection should be sent M. Jan Saunders, (302) 526–5251, at February 1, 2006 (71 FR 5178), and within 30 days of publication of this least 5 days prior to the meeting date. September 25, 2008 (73 FR 55451), notice to OIRA_Submission@ NMFS issued final regulations which omb.eop.gov or fax to (202) 395–5806. Dated: April 29, 2019. makes ESA section 9 prohibitions Tracey L. Thompson, Sheleen Dumas, generally applicable to these threatened Acting Deputy Director, Office of Sustainable ESUs except in 13 programs and Departmental Lead PRA Officer, Office of the Fisheries, National Marine Fisheries Service. Chief Information Officer, Commerce circumstances. [FR Doc. 2019–08928 Filed 5–1–19; 8:45 am] Department. The final regulations at 50 CFR [FR Doc. 2019–08968 Filed 5–1–19; 8:45 am] BILLING CODE 3510–22–P 223.203, as well as online information BILLING CODE 3510–JE–P posted at https:// DEPARTMENT OF COMMERCE www.westcoast.fisheries.noaa.gov/ permits/section_4d.html, describe 13 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric programs or circumstances that contribute to the conservation of, or are National Oceanic and Atmospheric Administration being conducted in a way that Administration Submission for OMB Review; adequately limits impacts on, listed RIN 0648–XH009 Comment Request salmonids. Certain of these 13 ‘‘Limits’’ on the take prohibitions entail voluntary Mid-Atlantic Fishery Management The Department of Commerce will submission of a plan(s) to NMFS and Council (MAFMC); Public Meeting submit to the Office of Management and require annual or occasional reports by Budget (OMB) for clearance the entities wishing to take advantage of AGENCY: National Marine Fisheries following proposal for collection of these Limits, or continue within them. Service (NMFS), National Oceanic and information under the provisions of the Atmospheric Administration (NOAA), Paperwork Reduction Act (44 U.S.C. Affected Public: Federal government; Commerce. Chapter 35). State, local, or tribal government; ACTION: Notice; public meeting. Agency: National Oceanic and business or other for-profit Atmospheric Administration (NOAA). organizations. SUMMARY: The Mid-Atlantic Fishery Title: Limits of Application of the Frequency: Annual. Management Council’s Surfclam and Take Prohibitions. Ocean Catch Share Program Review Respondent’s Obligation: Mandatory. OMB Control Number: 0648–0399. Oversight Team will hold a public This information collection request meeting. Form Number(s): None. may be viewed at reginfo.gov. Follow Type of Request: Regular (extension, the instructions to view Department of DATES: The meeting will be held on without change, of a currently approved Monday, May 13, 2019, from 10 a.m. Commerce collections currently under collection). review by OMB. until 12 p.m. Number of Respondents: 301. Written comments and ADDRESSES: The meeting will be held Average Hours per Response: 5 hours recommendations for the proposed via webinar. Details on the proposed for a diversion screening limit project; information collection should be sent agenda, connection information, and 20 hours for a road maintenance within 30 days of publication of this briefing materials will be posted at the agreement; 30 hours for an urban notice to OIRA_Submission@ MAFMC’s website: www.mafmc.org. development package; 20 hours for a omb.eop.gov or fax to (202) 395–5806. Council address: Mid-Atlantic Fishery tribal plan; 10 hours for a fishery Management Council, 800 N State harvest plan; 5 hours for a report of Sheleen Dumas, Street, Suite 201, Dover, DE 19901; aided, salvaged, or disposed of Departmental Lead PRA Officer, Office of the telephone: (302) 674–2331; salmonids; 2 hours for research permits; Chief Information Officer, Commerce www.mafmc.org. 5 hours for artificial propagation plans; Department. FOR FURTHER INFORMATION CONTACT: and 2 hours for annual reports. [FR Doc. 2019–08972 Filed 5–1–19; 8:45 am] Christopher M. Moore, Ph.D., Executive Burden Hours: 935. BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE Dated: April 29, 2019. Adopt the Commission’s Annual Donna S. Wieting, Current Expense and Capital Budgets for National Oceanic and Atmospheric Director, Office of Protected Resources, the fiscal year ending June 30, 2020 Administration National Marine Fisheries Service. (July 1, 2019 through June 30, 2020); [FR Doc. 2019–08947 Filed 5–1–19; 8:45 am] and (b) apportion among the signatory RIN 0648–XG559 BILLING CODE 3510–22–P parties the amounts required for the support of the Current Expense and Takes of Marine Mammals Incidental to Capital Budgets for the fiscal year Specified Activities; Taking Marine ending June 30, 2020. CONSUMER PRODUCT SAFETY The list of projects scheduled for Mammals Incidental to Boost-Back and COMMISSION Landing of Falcon 9 Rockets hearing, including project descriptions, Sunshine Act Meeting Notice and the text of the proposed resolutions AGENCY: National Marine Fisheries will be posted on the Commission’s Service (NMFS), National Oceanic and TIME AND DATE: Thursday, May 2, 2019; website, www.drbc.gov, in a long form of Atmospheric Administration (NOAA), 1:00 p.m.* this notice at least ten days before the hearing date. Commerce. PLACE: Hearing Room 420, Bethesda Written comments on matters ACTION: Notice; withdrawal of an Towers, 4330 East West Highway, scheduled for hearing on May 15 will be Incidental Harassment Authorization Bethesda, MD 20814. accepted through 5:00 p.m. on May 20. (IHA) application. STATUS: Commission Meeting—Closed The public is advised to check the to the Public. Commission’s website periodically prior SUMMARY: Notice is hereby given that MATTER TO BE CONSIDERED: Compliance to the hearing date, as items scheduled Space Exploration Technology Matters: Staff will brief the Commission for hearing may be postponed if Corporation (SpaceX) has withdrawn its on the status of a compliance matter. additional time is needed to complete application for an IHA to take marine CONTACT PERSON FOR MORE INFORMATION: the Commission’s review, and items mammals incidental to boost-back and Alberta E. Mills, Secretary, Division of may be added up to ten days prior to the landing of Falcon 9 rockets at the Secretariat, Office of the General hearing date. In reviewing docket Vandenberg Air Force Base (VAFB) in Counsel, U.S. Consumer Product Safety descriptions, the public is also asked to California, and at contingency landing Commission, 4330 East West Highway, be aware that the details of projects may locations in the Pacific Ocean. Bethesda, MD 20814, (301) 504–7479. change during the Commission’s review, Accordingly, NMFS has withdrawn its * The Commission unanimously which is ongoing. Public Meeting. The public business related proposed IHA. determined by recorded vote that meeting on June 12, 2019 will also begin Agency business requires calling the FOR FURTHER INFORMATION CONTACT: at 1:30 p.m. and will include: Adoption meeting without seven calendar days Amy Fowler, Office of Protected of the Minutes of the Commission’s advance public notice. Resources, NMFS, (301) 427–8401. March 13, 2019 Business Meeting, Dated: April 29, 2019. announcements of upcoming meetings SUPPLEMENTARY INFORMATION: On August Alberta E. Mills, and events, a report on hydrologic 20, 2018 NMFS received an IHA Secretary. conditions, reports by the Executive application from SpaceX for the taking Director and the Commission’s General of marine mammals incidental to Falcon [FR Doc. 2019–09026 Filed 4–30–19; 11:15 am] BILLING CODE 6355–01–P Counsel, and consideration of any items 9 First Stage recovery activities, for which a hearing has been completed including in-air boost-back maneuvers or is not required. The latter may and landings of the First Stage of the include but are not limited to Falcon 9 rocket at VAFB in California, DELAWARE RIVER BASIN COMMISSION Resolutions for the Minutes: (a) and at contingency landing locations Authorizing the Executive Director to offshore. NMFS determined that the Notice of Public Hearing and Business retain an accounting firm to perform the application was adequate and complete Meeting May 15 and June 12, 2019 Commission’s annual independent on October 23, 2018. The requested IHA audits; and (b) providing for election of would have authorized take, by Level B Notice is hereby given that the the Commission Chair, Vice Chair and harassment only, of six marine mammal Delaware River Basin Commission will Second Vice Chair for the year species as a result from the specified hold a public hearing on Wednesday, commencing July 1, 2019 and ending activity. NMFS published a notice of the May 15, 2019 at the Commission’s office June 30, 2020. proposed IHA in the Federal Register building, 25 Cosey Road, West Trenton, After all scheduled business has been (83 FR 57432) on November 15, 2018. New Jersey. A business meeting will be completed and as time allows, the On April 18, 2019, NMFS accepted held the following month on Business Meeting will be followed by notice from SpaceX withdrawing their Wednesday, June 12, 2019 at the West up to one hour of Open Public IHA application for the proposed action Trenton Volunteer Fire Company, 40 Comment, an opportunity to address the after take of marine mammals incidental West Upper Ferry Road, Ewing, New Commission on any topic concerning to their proposed activities was Jersey. The hearing and meeting are management of the basin’s water authorized by Letters of Authorization open to the public. resources outside the context of a duly issued in accordance with 50 CFR 217, Public Hearing. The public hearing on noticed, on-the-record public hearing. Subpart G—Taking of Marine Mammals May 15, 2019 will begin at 1:30 p.m. There will be no opportunity for Incidental to Rocket and Missile Hearing items subject to the additional public comment for the Launches and Aircraft Operations at Commission’s review will include draft record at the June 12 Business Meeting Vandenberg Air Force Base (VAFB), dockets for withdrawals, discharges, on items for which a hearing was California. Therefore, NMFS has and other projects that could have a completed on May 15 or a previous withdrawn its proposed IHA for the substantial effect on the basin’s water date. Commission consideration on June action. resources, as well as resolutions to: (a) 12 of items for which the public hearing

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is closed may result in approval of the Dated: April 25, 2019. accordance with the Paperwork item (by docket or resolution) as Pamela M. Bush, Reduction Act of 1995 (PRA) (44 U.S.C. proposed, approval with changes, Commission Secretary and Assistant General 3506(c)(2)(A)), provides the general denial, or deferral. When the Counsel. public and Federal agencies with an Commissioners defer an action, they [FR Doc. 2019–08980 Filed 5–1–19; 8:45 am] opportunity to comment on proposed, may announce an additional period for BILLING CODE 6360–01–P revised, and continuing collections of written comment on the item, with or information. This helps the Department without an additional hearing date, or assess the impact of its information they may take additional time to DEPARTMENT OF EDUCATION collection requirements and minimize consider the input they have already the public’s reporting burden. It also [Docket No.: ED–2019–ICCD–0056] received without requesting further helps the public understand the public input. Any deferred items will be Department’s information collection Agency Information Collection requirements and provide the requested considered for action at a public Activities; Submission to the Office of data in the desired format. ED is meeting of the Commission on a future Management and Budget for Review soliciting comments on the proposed date. and Approval; Comment Request; information collection request (ICR) that Advance Sign-Up for Oral Comment. GEAR UP Applications for Partnership is described below. The Department of Individuals who wish to comment on and State Grants Education is especially interested in the record during the public hearing on AGENCY: Office of Postsecondary public comment addressing the May 15 or to address the Commissioners Education (OPE), Department of following issues: (1) Is this collection informally during the Open Public Education (ED). necessary to the proper functions of the Department; (2) will this information be Comment portion of the meeting on ACTION: Notice. June 12 as time allows, are asked to processed and used in a timely manner; sign-up in advance through EventBrite. SUMMARY: In accordance with the (3) is the estimate of burden accurate; Links to EventBrite for the Public Paperwork Reduction Act of 1995, ED is (4) how might the Department enhance Hearing and the Business Meeting are proposing a reinstatement of a the quality, utility, and clarity of the available at www.drbc.gov. For previously approved information information to be collected; and (5) how assistance, please contact Ms. Paula collection. might the Department minimize the burden of this collection on the Schmitt of the Commission staff, at DATES: Interested persons are invited to [email protected]. respondents, including through the use submit comments on or before June 3, of information technology. Please note Addresses for Written Comment. 2019. that written comments received in Written comment on items scheduled ADDRESSES: To access and review all the response to this notice will be for hearing may be made through the documents related to the information considered public records. Commission’s web-based comment collection listed in this notice, please Title of Collection: GEAR UP system, a link to which is provided at use http://www.regulations.gov by Applications for Partnership and State www.drbc.gov. Use of the web-based searching the Docket ID number ED– Grants. system ensures that all submissions are 2019–ICCD–0056. Comments submitted OMB Control Number: 1840–0821. captured in a single location and their in response to this notice should be Type of Review: A reinstatement of a receipt is acknowledged. Exceptions to submitted electronically through the previously approved information the use of this system are available Federal eRulemaking Portal at http:// collection. based on need, by writing to the www.regulations.gov by selecting the Respondents/Affected Public: State, attention of the Commission Secretary, Docket ID number or via postal mail, Local, and Tribal Governments. DRBC, P.O. Box 7360, 25 Cosey Road, commercial delivery, or hand delivery. Total Estimated Number of Annual If the regulations.gov site is not West Trenton, NJ 08628–0360. For Responses: 545. available to the public for any reason, assistance, please contact Paula Schmitt Total Estimated Number of Annual ED will temporarily accept comments at at [email protected]. Burden Hours: 30,700. [email protected]. Please include the Abstract: Gaining Early Awareness Accommodations for Special Needs. docket ID number and the title of the and Readiness for Undergraduate Individuals in need of an information collection request when Programs (GEAR UP), created in the accommodation as provided for in the requesting documents or submitting Higher Education Act Amendments of Americans with Disabilities Act who comments. Please note that comments 1998 (Title IV, Section 404A–404H), is wish to attend the meeting or hearing submitted by fax or email and those a discretionary grant program which should contact the Commission submitted after the comment period will encourages applicants to provide Secretary directly at 609–883–9500 ext. not be accepted. Written requests for support and maintain a commitment to 203 or through the Telecommunications information or comments submitted by eligible low-income students, including Relay Services (TRS) at 711, to discuss postal mail or delivery should be students with disabilities, to assist the how we can accommodate your needs. addressed to the Director of the students in obtaining a secondary Information Collection Clearance Additional Information, Contacts. school diploma and preparing for and Division, U.S. Department of Education, Additional public records relating to succeeding in postsecondary education. 550 12th Street SW, PCP, Room 9086, GEAR UP provides grants to states and hearing items may be examined at the Washington, DC 20202–0023. Commission’s offices by appointment by partnerships to provide services at high- FOR FURTHER INFORMATION CONTACT: For contacting Denise McHugh, 609–883– poverty middle and high schools. GEAR specific questions related to collection 9500, ext. 240. For other questions UP grantees serve an entire cohort of activities, please contact Craig Pooler, students beginning no later than the concerning hearing items, please contact 202–453–6195. David Kovach, Project Review Section seventh grade and follow them through SUPPLEMENTARY INFORMATION: The graduation and, optionally, the first year Manager at 609–883–9500, ext. 264. Department of Education (ED), in of college.

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The purpose of the GEAR UP NRS (September 2017 notice). In the Tests Determined To Be Suitable for partnership and state applications is to September 2017 notice, the Secretary Use in the NRS for a 7-Year Period allow partnerships and states to apply announced a new test and test forms From the Publication Date of This for funding under the GEAR UP that were determined to be suitable for Notice program. use in the NRS, in accordance with The Secretary has determined that the Dated: April 29, 2019. § 462.13. following tests are suitable for use at On February 5, 2018, the Secretary Kate Mullan, ABE levels 2 through 6 of the NRS for published in the Federal Register (83 a period of 7 years from the publication PRA Coordinator, Information Collection FR 5087) an annual notice of tests Clearance Program, Information Management date of this notice: determined to be suitable for use in the Branch, Office of the Chief Information (1) Massachusetts Adult Proficiency NRS (February 2018 notice). In the Officer. Test—College and Career Readiness February 2018 notice, the Secretary [FR Doc. 2019–08932 Filed 5–1–19; 8:45 am] (MAPT–CCR) for Reading. This test is announced a new test and test forms BILLING CODE 4000–01–P approved for use through a computer- that were determined to be suitable for adaptive delivery format. Publisher: use in the NRS, in accordance with Massachusetts Department of DEPARTMENT OF EDUCATION § 462.13. On September 21, 2018, the Secretary Elementary and Secondary Education and University of Massachusetts Tests Determined To Be Suitable for published in the Federal Register (83 Amherst, College of Education, 156 Use in the National Reporting System FR 47910) an annual notice of tests Hills South, University of Massachusetts for Adult Education determined to be suitable for use in the NRS (September 2018 notice). In the Amherst, Amherst, MA 01003. AGENCY: Office of Career, Technical, and September 2018 notice, the Secretary Telephone: (413) 545–0564. Internet: Adult Education, Department of announced a list of English as a Second www.doe.mass.edu/acls/assessment/. Education. Language (ESL) tests and test forms (2) Massachusetts Adult Proficiency ACTION: Notice. determined to be suitable for use in the Test—College and Career Readiness NRS, previously approved for an (MAPT–CCR) for Mathematics. This test SUMMARY: The Secretary announces extended period through February 2, is approved for use through a computer- tests, test forms, and delivery formats 2019, and approved these tests and test adaptive delivery format. Publisher: that the Secretary determines to be forms for an additional period through Massachusetts Department of suitable for use in the National February 2, 2021. The Secretary also Elementary and Secondary Education Reporting System for Adult Education announced a list of tests with NRS and University of Massachusetts (NRS). This notice relates to the approvals expiring on February 2, 2019, Amherst, College of Education, 156 approved information collections under which States and local providers may Hills South, University of Massachusetts OMB control numbers 1830–0027 and continue to use during a sunset period Amherst, Amherst, MA 01003. 1830–0567. ending on June 30, 2019. Telephone: (413) 545–0564. Internet: FOR FURTHER INFORMATION CONTACT: John On March 7, 2019, the Secretary www.doe.mass.edu/acls/assessment/. LeMaster, Department of Education, 400 published in the Federal Register (84 Revocation of Tests: Under certain Maryland Avenue SW, Room 11–152, FR 8322) an annual notice of tests circumstances, the Secretary may revoke Potomac Center Plaza, Washington, DC determined to be suitable for use in the the determination that a test is suitable 20202–7240. Telephone: (202) 245– NRS (March 2019 notice). In the March (see § 462.12(e)). If the Secretary revokes 6218. Email: [email protected]. 2019 notice, the Secretary announced a the determination of suitability, the If you use a telecommunications new test and test forms that were Secretary announces the revocation, as device for the deaf (TDD) or a text determined to be suitable for use in the well as the date by which States and telephone (TTY), call the Federal Relay NRS, in accordance with § 462.13. local eligible providers must stop using Service (FRS), toll-free, at 1–800–877– In this notice, the Secretary the revoked test, through a notice 8339. announces new tests that have been published in the Federal Register and SUPPLEMENTARY INFORMATION: On determined to be suitable for use in the posted on the internet at January 14, 2008, and as amended on NRS, in accordance with § 462.13. www.nrsweb.org. August 19, 2016, we published in the These tests measure the new NRS Accessible Format: Individuals with Federal Register final regulations for 34 educational functioning levels for disabilities can obtain this document in CFR part 462, Measuring Educational Literacy/English Language Arts and an accessible format (such as braille, Gain in the National Reporting System Mathematics at Adult Basic Education large print, audiotape, or compact disc) for Adult Education (NRS regulations) (ABE) levels 2 through 6, as described on request to the contact person listed (73 FR 2305, Jan. 14, 2008, as amended in Appendix A of Measures and under FOR FURTHER INFORMATION at 81 FR 55552, Aug. 19, 2016). The Methods for the National Reporting CONTACT. NRS regulations established the process System for Adult Education (OMB Electronic Access to This Document: the Secretary uses to determine the Control Number: 1830–0027). The official version of this document is suitability of tests for use in the NRS by Adult education programs must use the document published in the Federal States and local eligible providers. We only the forms and computer-based Register. You may access the official annually publish in the Federal delivery formats for the tests approved edition of the Federal Register and the Register, and post on the internet at in this notice or in the September 2017, Code of Federal Regulations at www.nrsweb.org, a list of the names of February 2018, September 2018, or www.govinfo.gov. At this site you can tests and the educational functioning March 2019 notices. If a particular test view this document, as well as all other levels the tests are suitable to measure form or computer delivery format is not documents of this Department in the NRS as required by § 462.12(c)(2). explicitly specified for a test in this published in the Federal Register, in On September 7, 2017, the Secretary notice or in the September 2017, text or Portable Document Format published in the Federal Register (82 February 2018, September 2018, or (PDF). To use PDF you must have FR 42339) an annual notice of tests March 2019 notices, it is not approved Adobe Acrobat Reader, which is determined to be suitable for use in the for use in the NRS. available free at the site.

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You may also access documents of the If the regulations.gov site is not information to be collected; and (5) how Department published in the Federal available to the public for any reason, might the Department minimize the Register by using the article search ED will temporarily accept comments at burden of this collection on the feature at www.federalregister.gov. [email protected]. Please include the respondents, including through the use Specifically, through the advanced docket ID number and the title of the of information technology. Please note search feature at this site, you can limit information collection request when that written comments received in your search to documents published by requesting documents or submitting response to this notice will be the Department. comments. Please note that comments considered public records. Program Authority: 29 U.S.C. 3292. submitted by fax or email and those Title of Collection: Application for submitted after the comment period will Client Assistance Program. Scott Stump, not be accepted. Written requests for OMB Control Number: 1820–0520. Assistant Secretary for Career, Technical, and information or comments submitted by Type of Review: An extension of an Adult Education. postal mail or delivery should be existing information collection. [FR Doc. 2019–08938 Filed 5–1–19; 8:45 am] addressed to the Director of the Respondents/Affected Public: State, BILLING CODE 4000–01–P Information Collection Clearance Local, and Tribal Governments. Division, U.S. Department of Education, Total Estimated Number of Annual 550 12th Street SW, PCP, Room 9089, Responses: 57. DEPARTMENT OF EDUCATION Washington, DC 20202–0023. Total Estimated Number of Annual [Docket No. ED–2019–ICCD–0018] FOR FURTHER INFORMATION CONTACT: For Burden Hours: 9. specific questions related to collection Abstract: This form is used by states Agency Information Collection activities, please contact April Trice, to request funds to establish and carry Activities; Submission to the Office of 202–245–6074. out Client Assistance Programs (CAP). Management and Budget for Review CAP is mandated by the Rehabilitation SUPPLEMENTARY INFORMATION: The and Approval; Comment Request; Act of 1973, (Rehabilitation Act), as Department of Education (ED), in Application for Client Assistance amended by Title IV of the Workforce accordance with the Paperwork Program Innovation and Opportunity Act to Reduction Act of 1995 (PRA) (44 U.S.C. assist consumers and applicants in their AGENCY: Office of Special Education and 3506(c)(2)(A)), provides the general relationships with projects, programs Rehabilitative Services (OSERS), public and Federal agencies with an and services provided under the Department of Education (ED). opportunity to comment on proposed, Rehabilitation Act including the revised, and continuing collections of ACTION: Notice. Vocational Rehabilitation and information. This helps the Department Supported Employment programs and SUMMARY: In accordance with the assess the impact of its information the Independent Living Services for Paperwork Reduction Act of 1995, ED is collection requirements and minimize Older Individuals Who Are Blind proposing an extension of an existing the public’s reporting burden. It also program. information collection. helps the public understand the DATES: Interested persons are invited to Department’s information collection Dated: April 24, 2019. submit comments on or before June 3, requirements and provide the requested Stephanie Valentine, 2019. data in the desired format. ED is PRA Clearance Coordinator, Information ADDRESSES: To access and review all the soliciting comments on the proposed Collection Clearance Program, Information documents related to the information information collection request (ICR) that Management Branch, Office of the Chief collection listed in this notice, please is described below. The Department of Information Officer. use http://www.regulations.gov by Education is especially interested in [FR Doc. 2019–09061 Filed 4–30–19; 1:30 pm] searching the Docket ID number ED– public comment addressing the BILLING CODE 4000–01–P 2019–ICCD–0018. Comments submitted following issues: (1) Is this collection in response to this notice should be necessary to the proper functions of the submitted electronically through the Department; (2) will this information be DEPARTMENT OF ENERGY Federal eRulemaking Portal at http:// processed and used in a timely manner; www.regulations.gov by selecting the (3) is the estimate of burden accurate; Notice of Orders Issued Under Section Docket ID number or via postal mail, (4) how might the Department enhance 3 of The Natural Gas Act During March commercial delivery, or hand delivery. the quality, utility, and clarity of the 2019

FE Docket Nos.

VENTURE GLOBAL CALCASIEU PASS, LLC ...... 13–69–LNG; 14–88–LNG; 15–25–LNG DERSA OIL & GAS CORPORATION ...... 19–13–NG CITIGROUP ENERGY CANADA, ULC ...... 19–14–NG ROYAL BANK OF CANADA ...... 18–182–NG SOCIETE GENERALE ENERGY, LLC ...... 19–22–NG PILOT POWER GROUP, INC ...... 19–15–NG PACIFICORP ...... 19–18–NG ST. LAWRENCE GAS COMPANY, INC ...... 19–19–NG KOCH ENERGY SERVICES, LLC ...... 19–20–NG 2IYE, LLC ...... 19–21–LNG ALLIANCE CANADA MARKETING LP ...... 19–16–NG FREEPOINT COMMODITIES LLC ...... 19–24–NG TIDEWATER MIDSTREAM AND INFRASTRUCTURE LTD ...... 19–25–NG HERMISTON GENERATING COMPANY, L.P ...... 17–54–NG IRVING OIL COMMERCIAL GP AND IRVING OIL TERMINALS OPERATIONS LLC ...... 15–165–NG

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FE Docket Nos.

NEXTERA ENERGY MARKETING, LLC ...... 19–29–NG; 18–176–NG MAGNOLIA LNG LLC ...... 12–183–LNG; 13–131–LNG CITIGROUP COMMODITIES CANADA ULC ...... 19–30–NG LOGISTIC ENERGY AND PETROLEUM SERVICES INC...... 19–31–LNG MIECO INC ...... 19–32–NG PEMBINA MIDSTREAM (U.S.A.) INC ...... 19–17–NG ENERGIA COSTA AZUL, S. DE R.L. DE C.V ...... 18–144–LNG ENERGIA COSTA AZUL, S. DE R.L. DE C.V ...... 18–145–LNG RBC ENERGY SERVICES LP ...... 19–33–NG NORTHLAND POWER ENERGY MARKETING (US) INC ...... 19–26–NG

AGENCY: Office of Fossil Energy, appendix and may be found on the FE Avenue SW, Washington, DC 20585, Department of Energy. website at https://www.energy.gov/fe/ (202) 586–9478. The Docket Room is ACTION: Notice of orders. listing-doefe-authorizationsorders- open between the hours of 8:00 a.m. and issued-2019. 4:30 p.m., Monday through Friday, SUMMARY: The Office of Fossil Energy except Federal holidays. (FE) of the Department of Energy gives They are also available for inspection notice that during March 2019, it issued and copying in the U.S. Department of Issued in Washington, DC, on April 29, orders granting authority to import and Energy (FE–34), Division of Natural Gas 2019. export natural gas, to import and export Regulation, Office of Regulation, Amy Sweeney, liquefied natural gas (LNG), amending Analysis, and Engagement, Office of Director, Division of Natural Gas Regulation. and vacating prior authorization. These Fossil Energy, Docket Room 3E–033, orders are summarized in the attached Forrestal Building, 1000 Independence Appendix DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS

4346 ...... 03/05/19 13–69–LNG; 14–88–LNG; Venture Global Calcasieu Opinion and Order 4346 granting long-term authority to export 15–25–LNG (Consolidated). Pass, LLC. LNG to Non-Free Trade Agreement Nations, includes Record of Decision. 4347 ...... 03/11/19 19–13–NG ...... Dersa Oil & Gas Corporation .. Order 4347 granting blanket authority to export natural gas to Mexico. 4348 ...... 03/11/19 19–14–NG ...... Citigroup Energy Canada, ULC Order 4348 granting blanket authority to import/export natural gas from/to Canada. 4349 ...... 03/11/19 18–182–NG ...... Royal Bank of Canada ...... Order 4349 granting blanket authority to import/export natural gas from/to Canada. 4350 ...... 03/11/19 19–22–NG ...... Societe Generale Energy LLC Order 4350 granting blanket authority to import/export natural gas from/to Canada/Mexico. 4351 ...... 03/11/19 19–15–NG ...... Pilot Power Group, Inc ...... Order 4351 granting blanket authority to import/export natural gas from/to Canada/Mexico. 4352 ...... 03/11/19 19–18–NG ...... PacifiCorp ...... Order 4352 granting blanket authority to import/export natural gas from/to Canada. 4353 ...... 03/11/19 19–19–NG ...... St. Lawrence Gas Company, Order 4353 granting blanket authority to export natural gas to Inc. Canada. 4354 ...... 03/11/19 19–20–NG ...... Koch Energy Services, LLC .... Order 4354 granting blanket authority to import/export natural gas from/to Canada. 4355 ...... 03/11/19 19–21–LNG ...... 2iye Energy, LLC ...... Order 4355 granting blanket authority to import LNG from var- ious international sources by vessel. 4356 ...... 03/11/19 19–16–NG ...... Alliance Canada Marketing LP Order 4356 granting blanket authority to import natural gas from Canada. 4357 ...... 03/11/19 19–24–NG ...... Freepoint Commodities LLC .... Order 4357 granting blanket authority to import/export natural gas from/to Canada/Mexico. 4358 ...... 03/11/19 19–25–NG ...... Tidewater Midstream and Infra- Order 4358 granting blanket authority to import/export natural structure Ltd. gas from/to Canada. 4030–A ...... 03/11/19 17–54–NG ...... Hermiston Generating Com- Order 4030–A vacating blanket authority to import natural gas pany, LP. from Canada. 3765–C ...... 03/11/19 15–165–NG ...... Irving Oil Commercial GP and Order 3765–C granting Request to Amend authority to import/ Irving Oil Terminals Oper- export natural gas from/to Canada. ations LLC. 4359; 4310–A ...... 03/18/19 19–29–NG; 18–176–NG ...... NextEra Energy Marketing, Order 4359 granting blanket authority to import/export natural LLC. gas from/to Canada, to export natural gas to Mexico, and Order 4310–A vacating prior authority. 3245–A; 3406–A ... 03/21/19 12–183–LNG; 13–131–LNG .. Magnolia LNG LLC ...... Orders 3245–A and 3406–A amending Long-Term Multi-Con- tract authority to export LNG by vessel from the proposed Magnolia LNG Terminal to Free Trade Agreement Nations. 4360 ...... 03/27/19 19–30–NG ...... Citigroup Commodities Canada Order 4360 granting blanket authority to import/export natural ULC. gas from/to Canada. 4361 ...... 03/27/19 19–31–LNG ...... Logistic Energy and Petroleum Order 4361 granting blanket authority to import LNG from var- Services Inc. ious international sources by vessel. 4362 ...... 03/27/19 19–32–NG ...... Mieco Inc ...... Order 4362 granting blanket authority to import/export natural gas from/to Canada. 4363 ...... 03/27/19 19–17–NG ...... Pembina Midstream (U.S.A.) Order 4363 granting blanket authority to import natural gas Inc. from Canada. 4364 ...... 03/29/19 18–144–LNG ...... Energia Costa Azul, S. de R.L. Order 4364 granting long-term authority to export natural gas de C.V. to Mexico and to re-export LNG from Mexico to Free Trade Agreement Nations and Non-Free Trade Agreement Nations (Mid-Scale).

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DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS—Continued 4365 ...... 03/29/19 18–145–LNG ...... Energia Costa Azul, S. de R.L. Order 4365 granting long-term authority to export natural gas de C.V. to Mexico and to re-export LNG from Mexico to Free Trade Agreement Nations and Non-Free Trade Agreement Nations (Large-Scale). 4366 ...... 03/27/19 19–33–NG ...... RBC Energy Services LP ...... Order 4366 granting blanket authority to import/export natural gas from/to Canada. 4367 ...... 03/27/19 19–26–NG ...... Northland Power Energy Mar- Order 4367 granting blanket authority to import/export natural keting (US) Inc. gas from/to Canada.

[FR Doc. 2019–08942 Filed 5–1–19; 8:45 am] also conditionally authorized to sell that the proposed action will not have BILLING CODE 6450–01–P wholesale electric energy, capacity, and an adverse impact on the sufficiency of ancillary services outside of ERCOT at supply or reliability of the U.S. electric market-based rates pursuant to authority power supply system. DEPARTMENT OF ENERGY granted by the Federal Energy Copies of this application will be [OE Docket No. EA–472] Regulatory Commission (FERC). made available, upon request, for public In its application, the Applicant states inspection and copying at the address Application To Export Electric Energy; that it ‘‘does not own any electric provided above, by accessing the Luminant Energy Company LLC generation, transmission facilities, or program website at http://energy.gov/ distribution facilities and does not hold node/11845, or by emailing Angela Troy AGENCY: Office of Electricity, a franchise or service territory or native at [email protected]. Department of Energy (DOE). load obligation.’’ The electric energy Signed in Washington, DC, on April 26, ACTION: Notice of application. that the Applicant proposes to export to 2019. Canada over international electric SUMMARY: Luminant Energy Company Christopher Lawrence, transmission facilities would be surplus LLC (Applicant or LUME) has applied Management and Program Analyst, energy acquired from U.S. generating for authorization to transmit electric Transmission Permitting and Technical sources. The existing international energy from the United States to Canada Assistance, Office of Electricity. transmission facilities to be utilized by pursuant to the Federal Power Act. [FR Doc. 2019–08958 Filed 5–1–19; 8:45 am] the Applicant have previously been DATES: Comments, protests, or motions authorized by Presidential permits BILLING CODE 6450–01–P to intervene must be submitted on or issued pursuant to Executive Order before June 3, 2019. 10485, as amended, and are appropriate DEPARTMENT OF ENERGY ADDRESSES: Comments, protests, for open access transmission by third motions to intervene, or requests for parties. more information should be addressed Procedural Matters: Any person [EERE–2018–BT–DET–0014] to: Office of Electricity, Mail Code: OE– desiring to be heard in this proceeding Preliminary Analysis Regarding 20, U.S. Department of Energy, 1000 should file a comment or protest to the Energy Efficiency Improvements in the Independence Avenue SW, Washington, application at the address provided 2018 International Energy DC 20585–0350. Because of delays in above. Protests should be filed in Conservation Code (IECC) handling conventional mail, it is accordance with Rule 211 of the Federal recommended that documents be Energy Regulatory Commission’s (FERC) AGENCY: Office of Energy Efficiency and transmitted by overnight mail, by Rules of Practice and Procedure (18 CFR Renewable Energy, Department of electronic mail to Electricity.Exports@ 385.211). Any person desiring to Energy. hq.doe.gov, or by facsimile to 202–586– become a party to this proceeding ACTION: Notice of availability. 8008. should file a motion to intervene at the SUPPLEMENTARY INFORMATION: The above address in accordance with FERC SUMMARY: The U.S. Department of Department of Energy (DOE) regulates Rule 214 (18 CFR 385.214). Five (5) Energy (DOE) is announcing the exports of electricity from the United copies of such comments, protests, or availability of a Preliminary Energy States to a foreign country, pursuant to motions to intervene should be sent to Savings Analysis of the 2018 sections 301(b) and 402(f) of the the address provided above on or before International Energy Conservation Code Department of Energy Organization Act the date listed above. (Preliminary Analysis). DOE welcomes (42 U.S.C. 7151(b) and 7172(f)). Such Comments and other filings written comments from interested exports require authorization under concerning LUME’s application to parties on any subject within the scope section 202(e) of the Federal Power Act export electric energy to Canada should of this Preliminary Analysis. (16 U.S.C. 824a(e)). be clearly marked with OE Docket No. On April 17, 2019, DOE received an EA–472. An additional copy is to be DATES: DOE will accept written application from LUME for provided directly to both Jessica H. comments and information on the authorization to transmit electric energy Miller, Vistra Energy, 1005 Congress Preliminary Analysis no later than June from the United States to Canada as a Avenue, Suite 750, Austin, Texas 78701, 3, 2019. power marketer for a five-year term and Tracey L. Bradley, Bracewell LLP, ADDRESSES: A copy of the Preliminary using existing international 2001 M Street NW, Suite 900, Analysis is available at https:// transmission facilities. The Applicant Washington, DC 20036. www.energycodes.gov/development/ states that it is certified as a Qualified A final decision will be made on this determinations. Scheduling Entity with the Electric application after the environmental Any comments submitted must Reliability Council of Texas (ERCOT) impacts have been evaluated pursuant provide docket number EERE–2018– and that it is registered with the Public to DOE’s National Environmental Policy BT–DET–0014. Comments may be Utility Commission of Texas as a Act Implementing Procedures (10 CFR submitted using any of the following wholesale power marketer. LUME is part 1021) and after DOE determines methods:

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1. Federal eRulemaking Portal: http:// building energy conservation standards, permanently installed fixtures in all www.regulations.gov. Follow the administered by the DOE Building homes. instructions for submitting comments. Energy Codes Program. (42 U.S.C. 6831 These changes are expected to have a 2. Email: 2018IECC2018DET0014@ et seq.) Section 304(a)(5)(A), as significant and measurable impact on ee.doe.gov. Include the docket number amended, of ECPA provides that energy efficiency in residential in the subject line of the message. whenever the CABO Model Energy buildings. These changes are expected 3. Postal Mail: Building Energy Codes Code, or any successor to that code, is to increase energy savings, impact a Program, U.S. Department of Energy, revised, the Secretary of Energy significant fraction of new homes, and Building Technologies Office, EE–5B, (Secretary) must make a determination, can be reasonably quantified through 1000 Independence Avenue SW, EE–5B, not later than 12 months after such the established methodology. Washington, DC 20585–0121. If revision, whether the revised code Together, the key impacts identified possible, please submit all items on a would improve energy efficiency in above are expected to result in life-cycle CD, in which case it is not necessary to residential buildings, and must publish cost savings ranging from a low of $398 include printed copies. notice of such determination in the in climate zone 1 to a high of $1071 in 4. Hand Delivery/Courier: Building Federal Register. (42 U.S.C. climate zone 8. Expected payback Energy Codes Program, U.S. Department 6833(a)(5)(A)) The International Energy ranges from 0.0 years (immediate of Energy, Building Technologies Office, Conservation Code (IECC) is the payback) in climate zones 1 and 2 to 1.8 950 L’Enfant Plaza SW, EE–5B, Suite contemporary successor to the CABO years in climate zone 3. National 600, Washington, DC 20024. Model Energy Code specified in ECPA. average savings are $480 with a payback If possible, please submit all items on The 2018 IECC (2018 edition), the of 1.1 years. a CD, in which case it is not necessary most recent edition, was published in More information on these two to include printed copies. For detailed August 2017, triggering the statutorily- changes and their expected energy instructions on submitting comments, required DOE review process. The IECC savings impacts are presented in a see section II of this document (Public is developed through an industry separate technical analysis, Preliminary Participation). consensus process administered by the Energy Savings Analysis: 2018 IECC Public Docket: The docket, which International Code Council (ICC). The Residential Requirements.1 includes Federal Register notices, ICC has an established program for comments, and other supporting regular review of the IECC, identifying Preliminary Determination of Impacts documents/materials, is available for whether proposed changes have energy on Energy Efficiency review at http://www.regulations.gov. and cost impacts, and incorporating Review of the 2018 IECC indicates the All documents in the docket are listed changes approved by the ICC updated model code will increase in the http://www.regulations.gov index. governmental voting body. Updated energy efficiency in residential However, some documents listed in the editions of the IECC are typically buildings. Residential buildings meeting index, such as those containing published every three years. More the 2018 IECC (compared to the information that is exempt from public information on the ICC code previous 2015 IECC edition) are disclosure, may not be publicly development process is available at: expected to incur the following savings available. A link to the docket on the https://www.iccsafe.org/codes-tech- on a weighted national average basis: Regulations.gov site can be found at: support/codes/code-development- • http://www.regulations.gov/ 1.68 percent of annual site energy; process/code-development-2/. • #!docketDetail;D=EERE-2018-BT-DET- 1.91 percent of annual source II. Discussion of Findings 0014. The Regulations.gov web page energy, and; • will contain instructions on how to To meet the statutory requirement, 1.97 percent of annual energy costs. access all documents, including public DOE conducted a Preliminary Energy The full Preliminary Analysis, comments, in the docket. See section II Savings Analysis of the 2018 including an assessment of the expected for further information on how to International Energy Conservation Code energy and cost impacts, is available via submit comments through (Preliminary Analysis) to quantify the the DOE Building Energy Codes Regulations.gov. expected energy savings associated with Program: https://www.energycodes.gov/ the 2018 IECC. The Preliminary development/determinations. FOR FURTHER INFORMATION CONTACT: Analysis indicates, of the 47 proposed Jeremiah Williams; U.S. Department of Request for Comment on IECC Changes code changes which directly impact Energy, Office of Energy Efficiency and energy use, 11 changes resulted in a DOE welcomes written comments Renewable Energy, 1000 Independence reduction of energy use, with 3 changes from interested parties on these Avenue SW, EE–5B, Washington, DC projected to increase energy use. The technical documents and cost saving 20585; (202) 441–1288; remaining 33 changes are projected to analysis. [email protected]. have no or limited effect on energy For legal issues, please contact Kavita III. Public Participation Vaidyanathan; U.S. Department of usage. DOE will accept comments, data, and Energy, Office of the General Counsel, Preliminary Energy and Cost Savings information regarding the Preliminary 1000 Independence Avenue SW, GC–33, Analysis Analysis no later than the date provided Washington, DC 20585; (202) 586–0669; DOE’s Preliminary review and in the DATES section at the beginning of [email protected]. analysis of the 2018 IECC identified two this notice. Interested parties may SUPPLEMENTARY INFORMATION: key changes which result in the bulk of submit comments, data, and other I. Background the energy savings associated with the information using any of the methods II. Public Participation updated code: described in the ADDRESSES section at • RE31 (Fenestration): Lowers the beginning of this notice. I. Background (improves) fenestration U-factors in Title III of the Energy Conservation climate zones 3–8 • 1 https://www.energycodes.gov/sites/default/files/ and Production Act, as amended RE127 (Lighting): Increases high- documents/2018_IECC_PreliminaryDetermination_ (ECPA), establishes requirements for efficacy lighting from 75% to 90% of TSD.pdf.

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Submitting Comments via the viewable as long as it does not include of the information would be contrary to Regulations.gov Website any comments. the public interest. Include contact information each time The Regulations.gov web page will It is DOE’s policy that all comments you submit comments, data, documents, require you to provide your name and may be included in the public docket, and other information to DOE. If you contact information. Your contact without change and as received, submit via mail or hand delivery/ information will be viewable to DOE including any personal information courier, please provide all items on a Building Technologies Office staff only. provided in the comments (except CD, if feasible. It is not necessary to Your contact information will not be information deemed to be exempt from submit printed copies. No facsimiles publicly viewable, except for your first public disclosure). (faxes) will be accepted. and last names, organization name (if Signed in Washington, DC, on April 25, Comments, data, and other 2019. any), and submitter representative name information submitted to DOE David Nemtzow, (if any). If your comment is not electronically should be provided in processed properly because of technical PDF (preferred), Microsoft Word or Acting Deputy Assistant Secretary for Energy difficulties, DOE will use this Excel, WordPerfect, or text (ASCII) file Efficiency, Energy Efficiency and Renewable Energy. information to contact you. If DOE format. Provide documents that are not cannot read your comment due to secured, that are written in English, and [FR Doc. 2019–08963 Filed 5–1–19; 8:45 am] technical difficulties and cannot contact that are free of any defects or viruses. BILLING CODE 6450–01–P you for clarification, DOE may not be Documents should not contain special able to consider your comment. characters or any form of encryption DEPARTMENT OF ENERGY However, your contact information and, if possible, they should carry the will be publicly viewable if you include electronic signature of the author. [OE Docket No. EA–471] it in the comment itself or in any documents attached to your comment. Campaign Form Letters Application To Export Electric Energy; Any information that you do not want Please submit campaign form letters Luminant Energy Company LLC to be publicly viewable should not be by the originating organization in AGENCY: Office of Electricity, included in your comment, nor in any batches of between 50 to 500 form Department of Energy (DOE). document attached to your comment. letters per PDF or as one form letter Do not submit to http:// with a list of supporters’ names ACTION: Notice of application. www.regulations.gov information for compiled into one or more PDFs. This SUMMARY: Luminant Energy Company which disclosure is restricted by statute, reduces comment processing and LLC (Applicant or LUME) has applied such as trade secrets and commercial or posting time. for authorization to transmit electric financial information (hereinafter energy from the United States to Mexico referred to as Confidential Business Confidential Business Information pursuant to the Federal Power Act. Information (CBI)). Comments According to 10 CFR 1004.11, any submitted through http:// person submitting information that he DATES: Comments, protests, or motions www.regulations.gov cannot be claimed or she believes to be confidential and to intervene must be submitted on or as CBI. Comments received through the exempt by law from public disclosure before June 3, 2019. website will waive any CBI claims for should submit via email, postal mail, or ADDRESSES: Comments, protests, the information submitted. For hand delivery/courier two well-marked motions to intervene, or requests for information on submitting CBI, see the copies: One copy of the document more information should be addressed Confidential Business Information marked confidential including all the to: Office of Electricity, Mail Code: OE– section below. information believed to be confidential, 20, U.S. Department of Energy, 1000 DOE processes submissions made and one copy of the document marked Independence Avenue SW, Washington, through Regulations.gov before posting. non-confidential with the information DC 20585–0350. Because of delays in Normally, comments will be posted believed to be confidential deleted. handling conventional mail, it is within a few days of being submitted. Submit these documents via email or on recommended that documents be However, if large volumes of comments a CD, if feasible. DOE will make its own transmitted by overnight mail, by are being processed simultaneously, determination about the confidential electronic mail to Electricity.Exports@ your comment may not be viewable for status of the information and treat it hq.doe.gov, or by facsimile to 202–586– up to several weeks. Please keep the according to its determination. 8008. comment tracking number that Factors of interest to DOE when SUPPLEMENTARY INFORMATION: The Regulations.gov provides after you have evaluating requests to treat submitted Department of Energy (DOE) regulates successfully uploaded your comment. information as confidential include: (1) exports of electricity from the United A description of the items; (2) whether States to a foreign country, pursuant to Submitting Comments via Email, Hand and why such items are customarily sections 301(b) and 402(f) of the Delivery/Courier, or Mail treated as confidential within the Department of Energy Organization Act Comments and documents submitted industry; (3) whether the information is (42 U.S.C. 7151(b) and 7172(f)). Such via email, hand delivery, or mail also generally known by or available from exports require authorization under will be posted to Regulations.gov. If you other sources; (4) whether the section 202(e) of the Federal Power Act do not want your personal contact information has previously been made (16 U.S.C. 824a(e)). information to be publicly viewable, do available to others without obligation On April 17, 2019, DOE received an not include it in your comment or any concerning its confidentiality; (5) an application from LUME for accompanying documents. Instead, explanation of the competitive injury to authorization to transmit electric energy provide your contact information in a the submitting person which would from the United States to Mexico as a cover letter, including your first and last result from public disclosure; (6) when power marketer for a five-year term names, email address, telephone such information might lose its using existing international number, and optional mailing address. confidential character due to the transmission facilities. The Applicant The cover letter will not be publicly passage of time; and (7) why disclosure states that it is certified as a Qualified

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Scheduling Entity with the Electric inspection and copying at the address disabilities or special needs. If you Reliability Council of Texas (ERCOT) provided above, by accessing the require special accommodations due to and that it is registered with the Public program website at http://energy.gov/ a disability, please contact Jennifer Utility Commission of Texas as a node/11845, or by emailing Angela Troy Woodard as soon as possible in advance wholesale power marketer. LUME is at [email protected]. of the meeting at the telephone number also conditionally authorized to sell Signed in Washington, DC, on April 26, listed above. Written statements may be wholesale electric energy, capacity, and 2019. filed with the Board either before or ancillary services outside of ERCOT at Christopher Lawrence, after the meeting. Individuals who wish market-based rates pursuant to authority to make oral statements pertaining to Management and Program Analyst, granted by the Federal Energy Transmission Permitting and Technical agenda items should contact Jennifer Regulatory Commission (FERC). Assistance, Office of Electricity. Woodard at the telephone number listed In its application, the Applicant states above. Requests must be received as [FR Doc. 2019–08957 Filed 5–1–19; 8:45 am] that it ‘‘does not own any electric soon as possible prior to the meeting generation, transmission facilities, or BILLING CODE 6450–01–P and reasonable provision will be made distribution facilities and does not hold to include the presentation in the a franchise or service territory or native DEPARTMENT OF ENERGY agenda. The Deputy Designated Federal load obligation.’’ The electric energy Officer is empowered to conduct the that the Applicant proposes to export to Environmental Management Site- meeting in a fashion that will facilitate Mexico over international electric Specific Advisory Board, Paducah the orderly conduct of business. transmission facilities would be surplus Individuals wishing to make public energy acquired from U.S. generating AGENCY: Office of Environmental comments will be provided a maximum sources. The existing international Management, Department of Energy of five minutes to present their transmission facilities to be utilized by (DOE). comments. The EM SSAB, Paducah, the Applicant have previously been ACTION: Notice of open meeting. will hear public comments pertaining to authorized by Presidential permits its scope (clean-up standards and issued pursuant to Executive Order SUMMARY: This notice announces a environmental restoration; waste 10485, as amended, and are appropriate meeting of the Environmental management and disposition; for open access transmission by third Management Site-Specific Advisory stabilization and disposition of non- parties. Board (EM SSAB), Paducah. The stockpile nuclear materials; excess Procedural Matters: Any person Federal Advisory Committee Act facilities; future land use and long-term desiring to be heard in this proceeding requires that public notice of this stewardship; risk assessment and should file a comment or protest to the meeting be announced in the Federal management; and clean-up science and application at the address provided Register. technology activities). Comments above. Protests should be filed in DATES: Thursday, May 16, 2019, 6:00 outside of the scope may be submitted accordance with Rule 211 of the Federal p.m. via written statement as directed above. Energy Regulatory Commission’s (FERC) Minutes: Minutes will be available by Rules of Practice and Procedure (18 CFR ADDRESSES: West Kentucky Community writing or calling Jennifer Woodard at 385.211). Any person desiring to and Technical College, Emerging the address and phone number listed become a party to this proceeding Technology Center, Room 109, 5100 above. Minutes will also be available at should file a motion to intervene at the Alben Barkley Drive, Paducah, the following website: https:// above address in accordance with FERC Kentucky 42001. www.energy.gov/pppo/pgdp-cab/ Rule 214 (18 CFR 385.214). Five (5) FOR FURTHER INFORMATION CONTACT: listings/meeting-materials. copies of such comments, protests, or Jennifer Woodard, Deputy Designated Signed in Washington, DC, on April 25, motions to intervene should be sent to Federal Officer, Department of Energy 2019. Paducah Site Office, Post Office Box the address provided above on or before Antionette M. Watkins, the date listed above. 1410, MS–103, Paducah, Kentucky Comments and other filings 42001, (270) 441–6825. Acting Deputy Committee Management Officer. concerning LUME’s application to SUPPLEMENTARY INFORMATION: [FR Doc. 2019–08894 Filed 5–1–19; 8:45 am] export electric energy to Mexico should Purpose of the Board: The purpose of BILLING CODE 6450–01–P be clearly marked with OE Docket No. the Board is to make recommendations EA–471. An additional copy is to be to DOE–EM and site management in the provided directly to both Jessica H. areas of environmental restoration, DEPARTMENT OF ENERGY Miller, Vistra Energy, 1005 Congress waste management and related Avenue, Suite 750, Austin, Texas 78701, activities. Federal Energy Regulatory and Tracey L. Bradley, Bracewell LLP, Commission 2001 M Street NW, Suite 900, Tentative Agenda Washington, DC 20036. • Call to Order, Introductions, Review [Docket Nos. CP16–454–000; CP16–455– 000] A final decision will be made on this of Agenda • application after the environmental Administrative Issues Rio Grande LNG, LLC, Rio Bravo • impacts have been evaluated pursuant Public Comments (15 minutes) Pipeline Company, LLC; Notice of • to DOE’s National Environmental Policy Adjourn Availability of the Final Environmental Act Implementing Procedures (10 CFR Breaks Taken as Appropriate Impact Statement for the Proposed Rio part 1021) and after DOE determines Grande LNG Project that the proposed action will not have Public Participation: The meeting is an adverse impact on the sufficiency of open to the public. The EM SSAB, The staff of the Federal Energy supply or reliability of the U.S. electric Paducah, welcomes the attendance of Regulatory Commission (FERC or power supply system. the public at its advisory committee Commission) has prepared a final Copies of this application will be meetings and will make every effort to environmental impact statement (EIS) made available, upon request, for public accommodate persons with physical for the Rio Grande LNG Project (Project)

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proposed by Rio Grande LNG, LLC (RG affected by the proposal and participate www.ferc.gov/industries/gas/enviro/ LNG) and Rio Bravo Pipeline Company, in the NEPA analysis. Although the eis.asp). In addition, the final EIS may LLC (RB Pipeline) (collectively referred cooperating agencies provided input to be accessed by using the eLibrary link to as the RG Developers) in the above- the conclusions and recommendations on the FERC’s website. Click on the referenced dockets. RG LNG requests presented in the final EIS, the agencies eLibrary link (https://www.ferc.gov/ authorization pursuant to section 3(a) of will present their own conclusions and docs-filing/elibrary.asp), click on the Natural Gas Act (NGA) to construct recommendations in their respective General Search, and enter the docket and operate liquefied natural gas (LNG) Records of Decision for the Project. number in the Docket Number field, export facilities in Cameron County, The final EIS addresses the potential excluding the last three digits (i.e., Texas, and RB Pipeline requests a environmental effects of the CP16–454 or CP16–455). Be sure you Certificate of Public Convenience and construction and operation of the have selected an appropriate date range. Necessity pursuant to section 7(c) of the following proposed facilities: For assistance, please contact FERC NGA to construct, operate, and maintain • Six liquefaction trains at the Rio Online Support at FercOnlineSupport@ a new pipeline system in Jim Wells, Grande LNG Terminal, each with a ferc.gov or toll free at (866) 208–3676, or Kleberg, Kenedy, Willacy, and Cameron nominal capacity of 4.5 million tons per for TTY, contact (202) 502–8659. Counties, Texas. annum of LNG for export, resulting in Additional information about the The final EIS assesses the potential the total nominal capacity of 27.0 Projects is available from the environmental effects of the million tons per annum; Commission’s Office of External Affairs, construction and operation of the • four LNG storage tanks, each with a at (866) 208–FERC, or on the FERC Project in accordance with the net capacity of 180,000 cubic meters; website (www.ferc.gov) using the requirements of the National • LNG truck loading facilities with eLibrary link. The eLibrary link also Environmental Policy Act (NEPA). The four loading bays, each with the provides access to the texts of all formal FERC staff concludes that construction capacity to load 12 to 15 trucks per day; documents issued by the Commission, and operation of the Rio Grande LNG • a refrigerant storage area and truck such as orders, notices, and Project would result in some adverse unloading facilities; rulemakings. environmental impacts, but these • a condensate storage area and truck In addition, the Commission offers a impacts would be reduced to less than loading facilities; free service called eSubscription that • significant levels. However, the Rio a new marine slip with two LNG allows you to keep track of all formal Grande LNG Project, combined with vessel berths to accommodate issuances and submittals in specific other projects within the geographic simultaneous loading of two LNG dockets. This can reduce the amount of scope, including the Texas LNG and vessels, an LNG vessel and support time you spend researching proceedings Annova LNG Projects, would contribute vessel maneuvering area, and an LNG by automatically providing you with to potential significant cumulative transfer system; notification of these filings, document impacts from construction noise during • a materials off-loading facility; • summaries, and direct links to the nighttime pile-driving; sediment/ 2.4 miles of 42-inch-diameter documents. Go to www.ferc.gov/docs- turbidity and shoreline erosion within pipeline, including 0.8 mile of dual filing/esubscription.asp. the Brownsville Ship Channel during pipeline, to gather gas from existing operations from vessel transits; on the systems in Kleberg and Jim Wells Dated: April 26, 2019. federally listed ocelot and jaguarundi Counties (referred to as the Header Nathaniel J. Davis, Sr., from habitat loss and potential for System); Deputy Secretary. increased vehicular strikes during • 135.5 miles of parallel 42-inch- [FR Doc. 2019–08902 Filed 5–1–19; 8:45 am] construction; on the federally listed diameter pipelines originating in BILLING CODE 6717–01–P northern aplomado falcon from habitat Kleberg County and terminating at the loss in combination with past actions; Rio Grande LNG Terminal in Cameron and on visual resources from the County (referred to as Pipelines 1 and DEPARTMENT OF ENERGY presence of aboveground structures. 2); Construction and operation of the Rio • four stand-alone metering sites Federal Energy Regulatory Grande LNG Project would result in along the Header System; Commission mostly temporary or short-term • two new interconnect booster Combined Notice of Filings #1 environmental impacts; however, some compressor stations, each with a long-term and permanent environmental metering site; Take notice that the Commission impacts would occur. • three new compressor stations (one received the following electric corporate The U.S. Army Corps of Engineers, at the LNG Terminal site); and filings: • U.S. Coast Guard, U.S. Department of other associated utilities, systems, Docket Numbers: EC19–81–000. Energy, U.S. Department of and facilities (yards, access roads, etc.). Applicants: Alta Oak Realty, LLC, Oak Transportation’s (DOT) Pipeline and The Commission mailed a copy of the Creek Wind Power, LLC, ON Wind Hazardous Materials Safety Notice of Availability of the final EIS to Energy, LLC. Administration, the DOT’s Federal federal, state, and local government Description: Application for Aviation Administration, the U.S. Fish representatives and agencies; elected Authorization Under Section 203 of the and Wildlife Service, the National Park officials; environmental and public Federal Power Act, et al. of Alta Oak Service, the U.S. Environmental interest groups; Native American tribes; Realty, LLC, et al. Protection Agency, and the National potentially affected landowners and Filed Date: 4/25/19. Oceanic and Atmospheric other interested individuals and groups; Accession Number: 20190425–5180. Administration—National Marine and newspapers and libraries in the Comments Due: 5 p.m. ET 5/16/19. Fisheries Service participated as project area. The final EIS is only Docket Numbers: EC19–82–000. cooperating agencies in the preparation available in electronic format. It may be Applicants: Utah Red Hills Renewable of the EIS. Cooperating agencies have viewed and downloaded from the Park, LLC. jurisdiction by law or special expertise FERC’s website (www.ferc.gov), on the Description: Application for with respect to resources potentially Environmental Documents page (https:// Authorization Under Section 203 of the

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Federal Power Act, et al. of Utah Red for NYC (Load Zone J) to be effective 6/ Comments Due: 5 p.m. ET 5/17/19. Hills Renewable Park, LLC. 26/2019. Docket Numbers: ER19–1685–000. Filed Date: 4/25/19. Filed Date: 4/26/19. Applicants: Southwest Power Pool, Accession Number: 20190425–5186. Accession Number: 20190426–5001. Inc. Comments Due: 5 p.m. ET 5/16/19. Comments Due: 5 p.m. ET 5/17/19. Description: § 205(d) Rate Filing: Take notice that the Commission Docket Numbers: ER19–1679–000. 607R35 Westar Energy, Inc. NITSA NOA received the following electric rate Applicants: Duke Energy Florida, to be effective 4/1/2019. filings: LLC. Filed Date: 4/26/19. Docket Numbers: ER19–81–000. Description: § 205(d) Rate Filing: Joint Accession Number: 20190426–5159. Applicants: Athens Energy, LLC. OATT Power Losses (DEF) 2019 to be Comments Due: 5 p.m. ET 5/17/19. Description: Report Filing: Response effective 5/1/2019. Docket Numbers: ER19–1686–000. Regarding Refunds to be effective N/A. Filed Date: 4/26/19. Applicants: Midcontinent Filed Date: 4/26/19. Accession Number: 20190426–5005. Independent System Operator, Inc. Accession Number: 20190426–5003. Comments Due: 5 p.m. ET 5/17/19. Description: § 205(d) Rate Filing: Comments Due: 5 p.m. ET 5/17/19. Docket Numbers: ER19–1680–000. 2019–04–26_SA 2240 ITC-Sumpter Docket Numbers: ER19–915–001. Applicants: Southwest Power Pool, Energy 1st Rev GIA (J043 J646) to be Applicants: Midcontinent Inc. effective 4/10/2019. Independent System Operator, Inc. Description: § 205(d) Rate Filing: Filed Date: 4/26/19. Description: Compliance filing: 2019– 2236R11 Golden Spread Electric Accession Number: 20190426–5160. _ 04–26 Compliance to RAN Outage Cooperative, Inc. NITSA NOA to be Comments Due: 5 p.m. ET 5/17/19. Coordination Filing to be effective effective 4/1/2019. Docket Numbers: ER19–1687–000. 4/1/2019. Filed Date: 4/26/19. Applicants: Southwest Power Pool, Filed Date: 4/26/19. Accession Number: 20190426–5006. Inc. Accession Number: 20190426–5138. Comments Due: 5 p.m. ET 5/17/19. Comments Due: 5 p.m. ET 5/17/19. Description: § 205(d) Rate Filing: SPS Docket Numbers: ER19–1681–000. Formula Rate Revisions to Incorporate Docket Numbers: ER19–1137–002. Applicants: New England Power Changes Accepted in ER18–2410 to be Applicants: Southwest Power Pool, Company. effective 1/1/2019. Inc. Description: § 205(d) Rate Filing: Filed Date: 4/26/19. Description: Tariff Amendment: Related Facilities Agreement with Accession Number: 20190426–5188. Amended Filing in ER19–1137—East Calpine Fore River Energy Center to be Comments Due: 5 p.m. ET 5/17/19. Texas Cooperatives Stated Rate effective 3/28/2019. Revisions to be effective 6/1/2019. Docket Numbers: ER19–1688–000. Filed Date: 4/26/19. Filed Date: 4/26/19. Applicants: Midcontinent Accession Number: 20190426–5042. Accession Number: 20190426–5199. Independent System Operator, Inc., Comments Due: 5 p.m. ET 5/17/19. Comments Due: 5 p.m. ET 5/6/19. Ameren Illinois Company. Docket Numbers: ER19–1682–000. Description: § 205(d) Rate Filing: Docket Numbers: ER19–1364–001. _ Applicants: Midcontinent Applicants: American Transmission 2019–04–26 SA 1951 Ameren-IMEA Independent System Operator, Inc. Systems, Incorporated, PJM WDS Agreement to be effective 7/1/ Description: Tariff Amendment: Interconnection, L.L.C. 2019. 2019–04–25_SA 3267_Astoria Description: § 205(d) Rate Filing: Filed Date: 4/26/19. Substation Sub MPFCA (J493 J510) OTP ATSI submits an ECSA, Service Accession Number: 20190426–5207. to be effective 3/19/2019. Agreement No. 5269 with The Ohio Comments Due: 5 p.m. ET 5/17/19. Filed Date: 4/25/19. Edison Company to be effective 6/25/ Docket Numbers: ER19–1689–000. Accession Number: 20190425–5145. 2019. Applicants: Public Service Company Comments Due: 5 p.m. ET 5/6/19. Filed Date: 4/26/19. of Colorado. Docket Numbers: ER19–1634–001; Accession Number: 20190426–5074. Description: Initial rate filing: _ ER13–1141–004; ER13–1142–004; Comments Due: 5 p.m. ET 5/17/19. 20190426 Non-Conforming Market- ER17–1849–004; ER16–918–003; ER19– Docket Numbers: ER19–1683–000; Based Rate Agreements to be effective 1633–001; ER15–1657–009; ER19–1638– TS19–3–000. 7/1/2019. 001. Applicants: Southern Power Filed Date: 4/26/19. Applicants: Bridgeport Energy LLC, Company, Wildhorse Wind Energy, Accession Number: 20190426–5214. Essential Power Massachusetts, LLC, LLC. Comments Due: 5 p.m. ET 5/17/19. Essential Power Newington, LLC, Description: Petition for Waiver of the The filings are accessible in the Nautilus Power, LLC, Rhode Island requirement of Order Nos. 888, et al. of Commission’s eLibrary system by State Energy Center, LP, Rumford Power Wildhorse Wind Energy, LLC. clicking on the links or querying the LLC, SEPG Energy Marketing Services, Filed Date: 4/26/19. docket number. LLC, Tiverton Power LLC. Accession Number: 20190426–5140. Any person desiring to intervene or Description: Notice of Non-Material Comments Due: 5 p.m. ET 5/17/19. protest in any of the above proceedings Change in Status of Bridgeport Energy Docket Numbers: ER19–1684–000. must file in accordance with Rules 211 LLC, et al. Applicants: Midcontinent and 214 of the Commission’s Filed Date: 4/25/19. Independent System Operator, Inc., Regulations (18 CFR 385.211 and Accession Number: 20190425–5179. Ameren Illinois Company. 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 5/16/19. Description: § 205(d) Rate Filing: time on the specified comment date. Docket Numbers: ER19–1678–000. 2019–04–26_SA 2005 Ameren-Hoosier Protests may be considered, but Applicants: New York Independent WDS Agreement to be effective 7/1/ intervention is necessary to become a System Operator, Inc. 2019. party to the proceeding. Description: § 205(d) Rate Filing: 205 Filed Date: 4/26/19. eFiling is encouraged. More detailed re: locational operating reserves region Accession Number: 20190426–5139. information relating to filing

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requirements, interventions, protests, DEPARTMENT OF ENERGY up to 6,000 characters, without prior service, and qualifying facilities filings registration, using the eComment system can be found at: http://www.ferc.gov/ Federal Energy Regulatory at http://www.ferc.gov/docs-filing/ docs-filing/efiling/filing-req.pdf. For Commission ecomment.asp. You must include your other information, call (866) 208–3676 [Project No. 14977–000] name and contact information at the end (toll free). For TTY, call (202) 502–8659. of your comments. For assistance, Dated: April 26, 2019. Notice of Preliminary Permit please contact FERC Online Support at Application Accepted for Filing and [email protected], (866) Nathaniel J. Davis, Sr., Soliciting Comments, Motions To 208–3676 (toll free), or (202) 502–8659 Deputy Secretary. Intervene, and Competing (TTY). In lieu of electronic filing, please [FR Doc. 2019–08901 Filed 5–1–19; 8:45 am] Applications: kW River Hydroelectric send a paper copy to: Secretary, Federal BILLING CODE 6717–01–P Energy Regulatory Commission, 888 On March 4, 2019, kW River First Street NE, Washington, DC 20426. Hydroelectric filed an application for a The first page of any filing should DEPARTMENT OF ENERGY preliminary permit, pursuant to section include docket number P–14977–000. 4(f) of the Federal Power Act (FPA), Federal Energy Regulatory proposing to study the feasibility of the More information about this project, Commission Hamilton Low Dam Hydroelectric including a copy of the application, can Project to be located on the Great Miami be viewed or printed on the eLibrary link of Commission’s website at http:// [Docket No. CP19–86–000] River and near the City of Fairfield, in Butler County, Ohio. The sole purpose www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P–14977) in Spire Storage West, LLC; Notice of of a preliminary permit, if issued, is to the docket number field to access the Staff Protest to Proposed Blanket grant the permit holder priority to file document. For assistance, contact FERC Certificate Activity a license application during the permit term. A preliminary permit does not Online Support. Commission staff (Protestor) hereby authorize the permit holder to perform Dated: April 26, 2019. protests the prior notice request filed any land-disturbing activities or Nathaniel J. Davis, Sr., under the provisions of Part 157, otherwise enter upon lands or waters Deputy Secretary. owned by others without the owners’ subpart F, of the Commission’s [FR Doc. 2019–08908 Filed 5–1–19; 8:45 am] express permission. regulations, by Spire Storage West, LLC BILLING CODE 6717–01–P (Spire Storage) on February 13, 2019, in The proposed project would consist of the above-referenced docket. Pursuant the following: (1) Eleven 37-foot-long by 15-foot-wide turbine modules, each to its Part 157, subpart F, blanket DEPARTMENT OF ENERGY certificate authority, Spire Storage containing four 125-kilowatt (kW) proposes to construct and operate 10.1 turbines for a total project capacity of Federal Energy Regulatory miles of dual 20-inch-diameter 5,500 kW; (2) two three-phase Commission pipelines, one new pipeline alternating current (A/C) generators, having a combined maximum power interconnection with measurement [Project No. 13629–002] equipment, and related facilities in output capacity of 7,500 kW; (3) a 240- Uinta County, Wyoming. Protestor seeks foot-long, 69-kV transmission line Notice of Effectiveness of Withdrawal to have this prior notice request connecting to an existing transmission of License Application: Coleman Hydro processed as a case-specific application system (preferred option) or a 110-foot- LLC filed under section 7(c) of the Natural long, 13.2-kV line connecting to an Gas Act and Part 157, subpart A, of the existing distribution system (secondary On April 22, 2011, Coleman Hydro Commission’s regulations.1 option); and (4) appurtenant facilities. LLC (Coleman) filed a license The estimated annual generation of the application for an original minor license Protestor notes that Spire Storage did Hamilton Low Dam Hydroelectric not provide documentation from the to construct and operate its proposed Project would be 3,066 megawatt-hours. Coleman Hydroelectric Project No. Wyoming State Historic Preservation Applicant Contact: Mr. Paul Kling, Officer to demonstrate the Project’s 13629. The Commission issued a notice kW River Hydroelectric, 5667 Krystal on April 1, 2019 that informed Coleman compliance with Section 106 of the Court, Suite 100, Cincinnati, OH 45252; National Historic Preservation Act, as that its proposed LTC Hydro Project phone: (513) 673–2251. located at the same proposed site meets required under section 157.208(c)(9) of FERC Contact: Tyrone Williams; the qualifying conduit hydropower the Commission’s regulations. Without phone: (202) 502–6331. this information, environmental Deadline for filing comments, motions facility criteria and to withdraw its concerns cannot be adequately assessed to intervene, competing applications pending license application if it intends before the protest period expires today. (without notices of intent), or notices of to pursue the project as a qualifying intent to file competing applications: 60 conduit hydropower facility. On April Dated: April 26, 2019. 9, 2019, Coleman filed a letter informing Nathaniel J. Davis, Sr., days from the issuance of this notice. Competing applications and notices of the Commission that it was withdrawing Deputy Secretary. intent must meet the requirements of 18 its minor license application for the [FR Doc. 2019–08903 Filed 5–1–19; 8:45 am] CFR 4.36. project. BILLING CODE 6717–01–P The Commission strongly encourages No motion in opposition to the notice electronic filing. Please file comments, of withdrawal has been filed, and the 1 Section 157.205(f) provides that a protested motions to intervene, notices of intent, Commission has taken no action to prior notice filing shall be treated as though it had and competing applications using the disallow the withdrawal. Pursuant to filed a case-specific application under the Natural Gas Act section 7, unless, pursuant to section Commission’s eFiling system at http:// Rule 216(b) of the Commission’s Rules 157.205(g), the protestor withdraws its protest www.ferc.gov/docs-filing/efiling.asp. of Practice and Procedure, the within 30 days after protests were due. Commenters can submit brief comments withdrawal of the application became

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effective on April 24, 2019 and this application for a new license, the of Line JM–22 from 686 psig to 400 psig, proceeding is hereby terminated.1 Commission must solicit applications all as more fully set forth in the Dated: April 26, 2019. from potential applicants other than the application which is on file with the 4 Nathaniel J. Davis, Sr., existing licensee. Any party interested Commission and open to public in filing a license application or inspection. The filing may also be Deputy Secretary. exemption (i.e., a potential applicant) viewed on the web at http:// [FR Doc. 2019–08907 Filed 5–1–19; 8:45 am] for the project must file an NOI and pre- www.ferc.gov using the ‘‘eLibrary’’ link. BILLING CODE 6717–01–P application document within 90 days Enter the docket number excluding the from the date of this notice.5 While the last three digits in the docket number DEPARTMENT OF ENERGY integrated licensing process is the field to access the document. For default process for preparing an assistance, contact FERC at Federal Energy Regulatory application for a new license, a [email protected] or call Commission potential applicant may request to use toll-free, (866) 208–3676 or TTY, (202) alternative licensing procedures when it 502–8659. [Project No. 3820–011] files its NOI.6 An application for a new Any questions regarding this Aclara Meters, LLC; Notice of license or exemption for the application should be directed Lisa Withdrawal of Existing Licensee’s Somersworth Hydroelectric Project No. Yoho, Sr. Director Regulatory & FERC Notice of Intent To File a New License 3820 must be filed within 18 months of Compliance, Enable Gas Transmission, Application, and Soliciting Pre- the date of filing the NOI. LLC, 910 Louisiana St., Ste 48040, (48th Application Documents and Notices of Questions concerning the process for Floor), Houston, Texas 77002, by Intent To File a New License filing an NOI should be directed to telephone at (346) 701–2539, by fax at Application Patrick Crile at 202–502–8042 or (346) 701–2905, or by email at [email protected]. [email protected]. On August 31, 2016, Aclara Meters, Dated: April 26, 2019. Any person may, within 60 days after LLC (Aclara or licensee) filed a Notice the issuance of the instant notice by the of Intent (NOI) to file an application for Nathaniel J. Davis, Sr., Deputy Secretary. Commission, file pursuant to Rule 214 a new license for its Somersworth of the Commission’s Procedural Rules [FR Doc. 2019–08906 Filed 5–1–19; 8:45 am] Hydroelectric Project No. 3820 (project), (18 CFR 385.214) a motion to intervene pursuant to section 16.6 of the BILLING CODE 6717–01–P or notice of intervention. Any person 1 Commission’s regulations. On October filing to intervene or the Commission’s 6, 2016, Commission staff issued a DEPARTMENT OF ENERGY staff may, pursuant to section 157.205 of public notice of the NOI and approved the Commission’s Regulations under the the use of the traditional licensing Federal Energy Regulatory NGA (18 CFR 157.205) file a protest to process to develop the license Commission the request. If no protest is filed within application. The existing license for the the time allowed therefore, the proposed 2 project expires on August 31, 2021. [Docket No. CP19–178–000] activity shall be deemed to be On March 29, 2019, Aclara filed an authorized effective the day after the application to surrender its license for Enable Gas Transmission, LLC; Notice time allowed for protest. If a protest is the project.3 In its filing, Aclara states of Request Under Blanket filed and not withdrawn within 30 days that it will no longer seek to relicense Authorization after the time allowed for filing a the Somersworth Hydroelectric Project, protest, the instant request shall be and instead seeks to surrender its Take notice that on April 16, 2019, treated as an application for existing license. Accordingly, Aclara’s Enable Gas Transmission, LLC (Enable), authorization pursuant to section 7 of surrender application is also deemed to 910 Louisiana Street, Ste. 48040 (48th the NGA. be a withdrawal of its NOI to file an Floor), Houston, Texas 77002, filed a application for a new license for the prior notice request pursuant to sections Pursuant to section 157.9 of the project. 157.205, 157.208(b), and 157.210 of the Commission’s rules, 18 CFR 157.9, Pursuant to section 16.25(a) of the Commission’s regulations under the within 90 days of this Notice the Commission’s regulations, when an Natural Gas Act for authorization to Commission staff will either: Complete existing licensee, having previously decrease the maximum allowable its environmental assessment (EA) and filed an NOI to file a new license for a operating pressure (MAOP) of Line JM– place it into the Commission’s public project, subsequently does not file an 22 located in Monroe County, Arkansas. record (eLibrary) for this proceeding; or Specifically, Line JM–22 off of Enable’s issue a Notice of Schedule for 1 18 CFR 385.216(b) (2018). larger diameter pipeline, Line JM–20, is Environmental Review. If a Notice of 1 18 CFR 16.6 (2018). At least five years before the serving CenterPoint Energy-Arkansas Schedule for Environmental Review is expiration of a license for a major water power Gas at the Cottonplant town border issued, it will indicate, among other project, the licensee must file with the Commission station located at the end of the line. milestones, the anticipated date for the an NOI that contains an unequivocal statement of the licensee’s intention to file or not to file an Enable plans to improve safety and Commission staff’s issuance of the EA application for a new license. ensure compliance with Pipeline and for this proposal. The filing of the EA 2 The license for the project was issued with an Hazardous Materials Safety in the Commission’s public record for effective date of September 1, 1981, for a term of Administration regulations. Enable this proceeding or the issuance of a 40 years. General Electric Company, 16 FERC proposes to lower the historical MAOP Notice of Schedule for Environmental 62,598 (1981). 3 The surrender application filing may be viewed Review will serve to notify federal and on the Commission’s website at http:// 4 18 CFR 16.25(a) (2018). state agencies of the timing for the www.ferc.gov/docs-filing/elibrary.asp. Enter the 5 Pursuant to section 16.24(a)(2) of the completion of all necessary reviews, and docket number excluding the last three digits in the Commission’s regulations, the existing licensee is the subsequent need to complete all d Aclara Meters, LLC docket number field to access prohibited from filing an application either the document. The Commission is not seeking individually or in combination with other entities. federal authorizations within 90 days of public comment on the surrender application 18 CFR 16.24(a)(2) (2018). the date of issuance of the Commission (Docket No. P–3820–012) at this time. 6 18 CFR 5.3(b) (2018). staff’s FEIS or EA.

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Persons who wish to comment only in 2012 and continues to operate, may by all other parties. A party must submit on the environmental review of this have been inadvertently vacated by the 3 copies of filings made with the project should submit an original and prior owner, all as more fully set forth Commission and must provide a copy to two copies of their comments to the in the application, which is on file with the applicant and to every other party in Secretary of the Commission. the Commission and open to public the proceeding. Only parties to the Environmental commenter’s will be inspection. The filing may also be proceeding can ask for court review of placed on the Commission’s viewed on the web at http:// Commission orders in the proceeding. environmental mailing list and will be www.ferc.gov using the eLibrary link. However, a person does not have to notified of any meetings associated with Enter the docket number excluding the intervene in order to have comments the Commission’s environmental review last three digits in the docket number considered. The second way to process. Environmental commenter’s field to access the document. For participate is by filing with the will not be required to serve copies of assistance, contact FERC at Secretary of the Commission, as soon as filed documents on all other parties. [email protected] or call possible, an original and two copies of However, the non-party commentary, toll-free, (866) 208–3676 or TTY, (202) comments in support of or in opposition will not receive copies of all documents 502–8659. to this project. The Commission will filed by other parties or issued by the Any questions regarding this consider these comments in Commission and will not have the right application should be directed to Todd determining the appropriate action to be to seek court review of the Cash, Enstor Gas, LLC, 10375 Richmond taken, but the filing of a comment alone Commission’s final order. Ave., Suite 1900, Houston, TX 77042, will not serve to make the filer a party The Commission strongly encourages (281) 374–3085, todd.cash@ to the proceeding. The Commission’s electronic filings of comments, protests, enstorinc.com or Lisa M. Tonery, rules require that persons filing and interventions via the internet in lieu Orrick, Herrington & Sutcliffe LLP, 51 comments in opposition to the project of paper. See 18 CFR 385.2001(a)(1)(iii) West 52nd Street, New York, N.Y. provide copies of their protests only to and the instructions on the 10019, (212) 506–3710, ltonery@ the party or parties directly involved in Commission’s website (www.ferc.gov) orrick.com. the protest. under the e-Filing link. Persons unable Pursuant to section 157.9 of the Persons who wish to comment only to file electronically should submit Commission’s rules, 18 CFR 157.9, on the environmental review of this original and 3 copies of the protest or within 90 days of this Notice the project should submit an original and intervention to the Federal Energy Commission staff will either: Complete two copies of their comments to the Regulatory Commission, 888 First Street its environmental assessment (EA) and Secretary of the Commission. NE, Washington, DC 20426. place it into the Commission’s public Environmental commentors will be record (eLibrary) for this proceeding; or placed on the Commission’s Dated: April 26, 2019. issue a Notice of Schedule for environmental mailing list and will be Nathaniel J. Davis, Sr., Environmental Review. If a Notice of notified of any meetings associated with Deputy Secretary. Schedule for Environmental Review is the Commission’s environmental review [FR Doc. 2019–08904 Filed 5–1–19; 8:45 am] issued, it will indicate, among other process. Environmental commentors BILLING CODE 6717–01–P milestones, the anticipated date for the will not be required to serve copies of Commission staff’s issuance of the final filed documents on all other parties. environmental impact statement (FEIS) However, the non-party commentors DEPARTMENT OF ENERGY or EA for this proposal. The filing of the will not receive copies of all documents EA in the Commission’s public record filed by other parties or issued by the Federal Energy Regulatory for this proceeding or the issuance of a Commission and will not have the right Commission Notice of Schedule for Environmental to seek court review of the [Docket Nos. CP19–198–000] Review will serve to notify federal and Commission’s final order. state agencies of the timing for the As of the February 27, 2018 date of Mississippi Hub, LLC; Notice of completion of all necessary reviews, and the Commission’s order in Docket No. Application the subsequent need to complete all CP16–4–001, the Commission will federal authorizations within 90 days of apply its revised practice concerning Take notice that on April 22, 2019, the date of issuance of the Commission out-of-time motions to intervene in any Mississippi Hub, LLC (MS Hub), 10375 staff’s FEIS or EA. new Natural Gas Act section 3 or section Richmond Ave., Suite 1900, Houston, There are two ways to become 7 proceeding.1 Persons desiring to TX 77042, filed in Docket No. CP19– involved in the Commission’s review of become a party to a certificate 198–000, an application pursuant to this project. First, any person wishing to proceeding are to intervene in a timely section 7(c) of the Natural Gas Act and obtain legal status by becoming a party manner. If seeking to intervene out-of- Part 157 of the Commission’s to the proceedings for this project time, the movant is required to ‘‘show regulations to continue to own, operate should, on or before the comment date good cause why the time limitation and maintain an existing 4,735 stated below, file with the Federal should be waived, and should provide horsepower gas-driven compressor unit Energy Regulatory Commission, 888 justification by reference to factors set at MS Hub’s existing storage terminal in First Street NE, Washington, DC 20426, forth in Rule 214(d)(1) of the Simpson County, Mississippi. The a motion to intervene in accordance Commission’s Rules and Regulations.2 applicant states that ArcLight Energy with the requirements of the The Commission strongly encourages Partners Fund VI, L.P. (ArcLight) Commission’s Rules of Practice and electronic filings of comments, protests acquired all of the ownership interests Procedure (18 CFR 385.214 or 385.211) and interventions in lieu of paper using in MS Hub from Sempra Energy after and the Regulations under the NGA (18 the eFiling link at http://www.ferc.gov. which a post-acquisition regulatory CFR 157.10). A person obtaining party Persons unable to file electronically audit was conducted. The applicant status will be placed on the service list states that the Certificate authorization maintained by the Secretary of the 1 Tennessee Gas Pipeline Company, L.L.C., 162 for Gas Compressor 4, which the Commission and will receive copies of FERC 61,167 at 50 (2018). applicant claims was placed in service all documents filed by the applicant and 2 18 CFR 385.214(d)(1).

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should submit an original and 3 copies SUPPLEMENTARY INFORMATION: The CAA of Appeals for the appropriate circuit no of the protest or intervention to the affords EPA a 45-day period to review, later than July 1, 2019. Federal Energy regulatory Commission, and object, as appropriate, to title V Dated: April 18, 2019. operating permits proposed by State 888 First Street NE, Washington, DC Cathy Stepp, 20426. permitting authorities. Section 505(b)(2) Regional Administrator, Region 5. Comment Date: May 17, 2019. of the CAA authorizes any person to [FR Doc. 2019–08976 Filed 5–1–19; 8:45 am] Dated: April 26, 2019. petition the EPA Administrator within 60 days after the expiration of the EPA BILLING CODE 6560–50–P Nathaniel J. Davis, Sr., review period to object to a title V Deputy Secretary. operating permit if EPA has not done so [FR Doc. 2019–08905 Filed 5–1–19; 8:45 am] on its own initiative. Petitions must be BILLING CODE 6717–01–P based only on objections to the permit FARM CREDIT ADMINISTRATION that were raised with reasonable Sunshine Act Meeting; Farm Credit specificity during the public comment Administration Board ENVIRONMENTAL PROTECTION period provided by the State, unless the AGENCY petitioner demonstrates that it was AGENCY: Farm Credit Administration. impracticable to raise issues during the [FRL–9993–06–Region 5] ACTION: comment period, or the grounds for the Notice, regular meeting. issues arose after this period. Clean Air Act Operating Permit SUMMARY: Notice is hereby given, On July 11, 2014, the Petitioner Program; Petition for Objection to pursuant to the Government in the submitted a petition requesting that EPA State Operating Permit for Cargill, Inc. Sunshine Act, of the regular meeting of object, pursuant to section 505(b)(2) of the Farm Credit Administration Board AGENCY: Environmental Protection the CAA and 40 CFR 70.8(d), to the title (Board). Agency (EPA). V permit that IEPA issued on April 21, ACTION: Notice of final order on petition 2014 to Cargill for its Bloomington, DATES: The regular meeting of the Board to object to Clean Air Act title V Illinois, soybean processing facility. The will be held at the offices of the Farm operating permit. Petitioner alleged that (1) the permit Credit Administration in McLean, contains vague and undefined terms, Virginia, on May 9, 2019, from 9:00 a.m. SUMMARY: The Environmental Protection including ‘‘properly operated,’’ until such time as the Board concludes Agency (EPA) Administrator signed an ‘‘reasonable steps,’’ ‘‘reasonable times,’’ its business. Order dated March 20, 2019, denying a ‘‘any records,’’ ‘‘other parameters,’’ ADDRESSES: Farm Credit petition dated July 11, 2014 from ‘‘standard test methods,’’ and an unclear Administration, 1501 Farm Credit Drive, Michelle Ford (Petitioner). The date for when EPA notice started, McLean, Virginia 22102–5090. Submit Petitioner requested that EPA object to among others; (2) the inspection attendance requests via email to a Clean Air Act (CAA) title V operating provisions of the permit are inadequate [email protected]. See permit issued by the Illinois because Cargill is forewarned of any SUPPLEMENTARY INFORMATION for further Environmental Protection Agency inspections, may delay inspections, and information about attendance requests. (IEPA) to Cargill, Inc. (Cargill) for its has ample opportunity to correct any Bloomington, Illinois, soybean issues that would be found during FOR FURTHER INFORMATION CONTACT: Dale processing facility. inspection; (3) the permit improperly Aultman, Secretary to the Farm Credit Administration Board, (703) 883–4009, ADDRESSES: EPA requests that you authorizes Cargill to operate ‘‘outdated’’ TTY (703) 883–4056. contact the individual listed in the FOR pre-1973 equipment and does not FURTHER INFORMATION CONTACT section to mandate upgrades to equipment to SUPPLEMENTARY INFORMATION: This view copies of the final Order, the ensure compliance with permit limits; meeting of the Board will be open to the Petition, and other supporting (4) the monitoring and control public (limited space available), and information. You may review copies of requirements of the permit are parts will be closed to the public. Please the final Order, the Petition, and other insufficient to address the facility’s send an email to VisitorRequest@ supporting information at the EPA alleged historical violations of FCA.gov at least 24 hours before the Region 5 Office, 77 W Jackson Blvd., particulate matter emission limits; (5) meeting. In your email include: Name, Chicago, Illinois 60604. You may view the permit’s recordkeeping requirements postal address, entity you are the hard copies Monday through Friday, are inadequate because they do not representing (if applicable), and from 9 a.m. to 4 p.m., excluding Federal require daily recordkeeping of the telephone number. You will receive an holidays. If you wish to examine these amount of grain processed; and (6) area email confirmation from us. Please be documents, you should make an residents’ health, property and quality prepared to show a photo identification appointment at least 24 hours before the of life, including the ability to open when you arrive. If you need assistance visiting day. Additionally, the final windows or enjoy their property for accessibility reasons, or if you have Order and Petition are available outdoors, have been severely impacted any questions, contact Dale Aultman, electronically at: https://www.epa.gov/ by Cargill’s continued operation. Secretary to the Farm Credit On March 20, 2019, the Administrator title-v-operating-permits/title-v-petition- Administration Board, at (703) 883– issued an order denying the petition. database. 4009. The matters to be considered at The order explains the basis for EPA’s the meeting are: FOR FURTHER INFORMATION CONTACT: decision. David Ogulei, Environmental Engineer, Sections 307(b) and 505(b)(2) of the Open Session Air Permits Section, Air Programs CAA provide that a petitioner may A. Approval of Minutes Branch (AR–18J), Environmental request judicial review of those portions Protection Agency, Region 5, 77 West of an order that deny issues in a • April 9, 2019. Jackson Boulevard, Chicago, Illinois petition. Any petition for review of the B. New Business 60604, (312) 353–0987, ogulei.david@ Administrator’s March 20, 2019 Order epa.gov. shall be filed in the United States Court • Statement on Regulatory Burden.

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C. Closed Session Federal Deposit Insurance Corporation. also include ethics-related information • Office of Secondary Market Robert E. Feldman, such as potential conflicts of interest. Oversight Periodic Report.1 Committee Management Officer. The modified system of records, [FR Doc. 2019–08962 Filed 5–1–19; 8:45 am] BGFRS–1, which will now be called Dated: April 29, 2019. BILLING CODE 6714–01–P ‘‘FRB—Recruiting, Placement, and Dale Aultman, Onboarding Records,’’ is a system of Secretary, Farm Credit Administration Board. records that is used to identify, track, [FR Doc. 2019–09043 Filed 4–30–19; 11:15 am] FEDERAL ELECTION COMMISSION screen, and select individuals for BILLING CODE 6705–01–P positions at the Board and for Sunshine Act Meeting onboarding prospective employees before they begin employment with the FEDERAL DEPOSIT INSURANCE TIME AND DATE: Tuesday, May 7, 2019 at Board. CORPORATION 10:00 a.m. and its continuation at the DATES: Comments must be received on conclusion of the open meeting on May or before June 3, 2019. This new system FDIC Systemic Resolution Advisory 9, 2019. of records will become effective June 3, Committee; Notice of Charter Renewal PLACE: 1050 First Street NE, 2019, without further notice, unless Washington, DC. comments dictate otherwise. The Office AGENCY: Federal Deposit Insurance STATUS: of Management and Budget (OMB), Corporation (FDIC). This meeting will be closed to the public. which has oversight responsibility ACTION: Notice of renewal of the FDIC under the Privacy Act, requires a 30-day MATTERS TO BE CONSIDERED: Systemic Resolution Advisory period prior to publication in the Compliance matters pursuant to 52 Committee. Federal Register in which to review the U.S.C. 30109. system and to provide any comments to Matters relating to internal personnel SUMMARY: Pursuant to the provisions of the agency. The public is then given a decisions, or internal rules and the Federal Advisory Committee Act 30-day period in which to comment, in practices. (FACA), and after consultation with the accordance with 5 U.S.C. 552a(e)(4) and Investigatory records compiled for law General Services Administration, the (11). Chairman of the Federal Deposit enforcement purposes and production would disclose investigative ADDRESSES: You may submit comments, Insurance Corporation has determined identified by BGFRS–1 ‘‘FRB— that renewal of the FDIC Systemic techniques. Information the premature disclosure of Recruiting, Placement, and Onboarding Resolution Advisory Committee (the Records,’’ by any of the following Committee) is in the public interest in which would be likely to have a considerable adverse effect on the methods: connection with the performance of • Agency Website: https:// duties imposed upon the FDIC by law. implementation of a proposed Commission action. www.federalreserve.gov. Follow the FOR FURTHER INFORMATION CONTACT: Matters concerning participation in civil instructions for submitting comments at Robert E. Feldman, Committee actions or proceedings or arbitration. https://www.federalreserve.gov/apps/ Management Officer of the FDIC, (202) foia/proposedregs.aspx. 898–7043, Federal Deposit Insurance * * * * * • Email: regs.comments@ Corporation, 550 17th Street NW, CONTACT PERSON FOR MORE INFORMATION: federalreserve.gov. Include SORN name Washington, DC 20429. Judith Ingram, Press Officer, Telephone: and number in the subject line of the SUPPLEMENTARY INFORMATION: The (202) 694–1220. message. • Fax: (202) 452–3819 or (202) 452– Committee has been a successful Laura E. Sinram, undertaking by the FDIC and has 3102. Deputy Secretary of the Commission. • provided valuable feedback to the Mail: Ann E. Misback, Secretary, agency on a broad range of issues [FR Doc. 2019–09139 Filed 4–30–19; 4:15 pm] Board of Governors of the Federal regarding the resolution of systemically BILLING CODE 6715–01–P Reserve System, 20th Street and important financial companies pursuant Constitution Avenue NW, Washington, to Title II of the Dodd-Frank Wall Street DC 20551. Reform and Consumer Protection Act, FEDERAL RESERVE SYSTEM All public comments are available from Public Law 111–203 (July 21, 2010), 12 the Board’s website at http:// U.S.C. 5301 et seq. The Committee will Privacy Act of 1974; System of www.federalreserve.gov/generalinfo/ continue to provide advice and Records foia/ProposedRegs.cfm as submitted, unless modified for technical reasons or recommendations on how the FDIC’s AGENCY: Board of Governors of the systemic resolution authority, and its Federal Reserve System. to remove personally identifiable implementation, may impact regulated information at the commenter’s request. ACTION: Notice of a modified system of Accordingly, comments will not be entities and other stakeholders records. potentially affected by the process. The edited to remove any identifying or structure and responsibilities of the SUMMARY: Pursuant to the provisions of contact information. Public comments Committee are unchanged from when it the Privacy Act of 1974, notice is given may also be viewed electronically or in was originally established in May 2011. that the Board of Governors of the paper in Room 146, 1709 New York The Committee will continue to operate Federal Reserve System (Board) Avenue NW, Washington, DC 20006, in accordance with the provisions of the proposes to modify an existing system between 9:00 a.m. and 5:00 p.m. on Federal Advisory Committee Act. of records, entitled BGFRS–1 ‘‘FRB— weekdays. Dated at Washington, DC, on April 29, Recruiting and Placement Records,’’ to FOR FURTHER INFORMATION CONTACT: 2019. add the onboarding materials that David B. Husband, Senior Attorney, prospective employees provide the (202) 530–6270, or david.b.husband@ 1 Session Closed-Exempt pursuant to 5 U.S.C. Board before beginning employment at frb.gov; Alye S. Foster, Assistant Section 552b(c)(8) and (9). the Board and to clarify that the records General Counsel, (202) 452–5289, or

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[email protected]; Legal Division, Board offices and electronic systems. RECORD SOURCE CATEGORIES: Board of Governors of the Federal Some of the records are stored by the Information is provided by the Reserve System, 20th Street and Board’s contractor, Oracle Corporation, individual to whom the record pertains; Constitution Avenue NW, Washington, located at 500 Oracle Parkway, the individual’s references and former DC 20551. Telecommunications Device Redwood Shores, CA 94065. employers; Board staff such as for the Deaf (TDD) users may contact recruiters, interviewers, or contractors; SYSTEM MANAGER(S): (202) 263–4869. job referrals; and official transcripts and The managers are located at the SUPPLEMENTARY INFORMATION: The other documentation from schools Board’s new onboarding process will Board’s central offices in Washington, identified by the individual. involve the collection of information DC. The system manager for records for ROUTINE USES OF RECORDS MAINTAINED IN THE from prospective employees to all positions other than those involving the recruitment of economist or research SYSTEM, INCLUDING CATEGORIES OF USERS AND appropriate Board staff as well as the PURPOSES OF SUCH USES: provision of information from Board assistant positions at the Board is Lewis Andrews, Sr. Manager, Human General routine uses A, B, C, D, E, F, staff to the prospective employees. The G, H, I, and J apply to this system. These onboarding process will occur in the Resources Analytics, Systems and Operations, Management Division, (202) general routine uses are located at period between acceptance of offer and https://www.federalreserve.gov/files/ the prospective employee’s start date. 452–3082, or [email protected]. The system manager for records SORN-page-general-routine-uses-of- The Board will also collect and store board-systems-of-records.pdf and are ethics pre-hire conflict of interest involving the recruitment of economist or research assistant positions at the published in the Federal Register at 83 screening information. Accordingly, FR 43872 at 43873–74 (August 28, BGFRS–1 is amended to update the Board is Lil Shewmaker, Assistant Director, Division of Research and 2018). In addition, records may also be system name, the system location, the used to disclose information to any system manager information, the Statistics, (202) 452–3377, or [email protected]. source from which additional authority for maintenance of the system, information is requested (to the extent the purpose of the system, the categories AUTHORITY FOR MAINTENANCE OF THE SYSTEM: necessary to identify the individual, of individuals, the categories of records Sections 10 and 11 of the Federal inform the source of the purpose(s) of in the system, the record source, the Reserve Act (12 U.S.C. 244 and 248(l)) the request, and identify the type of policies and practices for the retrieval, and Executive Order 9397. information requested), when necessary retention, and disposal of records, and PURPOSE(S) OF THE SYSTEM: to obtain information relevant to a the administrative and technical Board decision to hire or retain an These records are collected and safeguards. The Board is not adding any employee, issue a security clearance, maintained to assist the Board in new routine uses or amending any conduct a security or suitability recruiting and hiring individuals for existing routine uses. investigation of an individual, classify The Board is also making technical Board employment and onboarding jobs, let a contract, or issue a license, changes to BGFRS–1 consistent with the prospective employees. The records will grant, or other benefit. template laid out in OMB Circular No. also assist the Board in retaining A–108. Accordingly, the Board has qualified employees and allow the POLICIES AND PRACTICES FOR STORAGE OF made technical corrections and non- Board to periodically review its hiring RECORDS: substantive language revisions to the practices. Paper records in this system are following categories: ‘‘Policies and stored in file folders with access limited CATEGORIES OF INDIVIDUALS COVERED BY THE Practices for Storage of Records,’’ SYSTEM: to staff with a need to know. Electronic ‘‘Policies and Practices for Retrieval of records are stored on a secure server Persons who seek employment with Records,’’ ‘‘Policies and Practices for with access limited to staff with a need the Board and prospective Board Retention and Disposal of Records,’’ to know. employees. ‘‘Administrative, Technical and POLICIES AND PRACTICES FOR RETRIEVAL OF Physical Safeguards,’’ ‘‘Record Access CATEGORIES OF RECORDS IN THE SYSTEM: RECORDS: Procedures,’’ ‘‘Contesting Record Records in the system include Paper and electronic records can be Procedures,’’ and ‘‘Notification resumes, applications, and supporting Procedures.’’ The Board has also created retrieved by name or other personal documentation submitted by persons identifiers. the following new fields: ‘‘Security seeking employment; information from Classification’’ and ‘‘History.’’ job fairs; job referrals; notes from POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: SYSTEM NAME AND NUMBER interviews; notes on references; onboarding information from The Board is presently re-evaluating BGFRS–1 ‘‘FRB—Recruiting, prospective employees; offer letters; and the retention schedule for application Placement, and Onboarding Records’’ other recruiting related documentation, records and until the existing retention SECURITY CLASSIFICATION: including verification of education, period is confirmed as appropriate or a Unclassified. previous government service and/or new retention period is set, the Board military status. The records also include will maintain the records. The Board SYSTEM LOCATION: information regarding access to and use will maintain onboarding materials for Records will be maintained at the of the electronic systems. Certain prospective employees who do not enter Board’s central offices located at: Board information is also retained to enable on duty for one year, in accordance with of Governors of the Federal Reserve the Board’s Office of Diversity and GRS 2.1 item 142. Relevant application System, 20th Street and Constitution Inclusion to monitor and track the records for applicants who are hired are Avenue NW, Washington, DC 20551. Board’s recruiting and hiring kept in the employee’s official Copies of resumes, applications, performance. Ethics-related information personnel file and maintained in supporting documentation, and offer including potential conflicts are accordance with the System of Records information may also be stored by the retained for compliance with the entitled BGFRS–4‘‘FRB—General hiring managers in their respective Board’s ethics program requirements. Personnel Records.’’ Ethics-related

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records for applicants who are hired seeking to access or amend his/her Board of Governors of the Federal Reserve may be maintained in accordance with Privacy Act records. System, April 29, 2019. the System of Records entitled BGFRS– You may submit your Privacy Act Ann Misback, 41 ‘‘FRB—Ethics Program Records.’’ request to the—Secretary of the Board, Secretary of the Board. Onboarding records for hires who Board of Governors of the Federal [FR Doc. 2019–08978 Filed 5–1–19; 8:45 am] become employees of the Board are Reserve System, 20th Street and BILLING CODE P maintained in accordance with the Constitution Avenue NW, Washington, respective Board system of records for DC 20551. the records including BGFRS–4 ‘‘FRB— You may also submit your Privacy Act FEDERAL TRADE COMMISSION General Personnel Records,’’ BGFRS–7 request electronically through the ‘‘FRB—Payroll and Leave Records,’’ Board’s FOIA ‘‘Electronic Request Agency Information Collection BGFRS–24 ‘‘FRB—EEO General Files,’’ Form’’ located here: https:// Activities; Submission for OMB and BGFRS–34 ‘‘FRB—ESS Staff www.federalreserve.gov/secure/forms/ Review; Comment Request Identification Card File.’’ efoiaform.aspx. AGENCY: Federal Trade Commission ADMINISTRATIVE TECHNICAL AND PHYSICAL , , CONTESTING RECORD PROCEDURES: (FTC). SAFEGUARDS: ACTION: Notice and request for comment. Paper records are secured by lock and The Privacy Act allows individuals to key and electronic files are stored on seek amendment of information that is SUMMARY: The FTC requests that the secure servers. The system has the erroneous, irrelevant, untimely, or Office of Management and Budget ability to track individual user actions incomplete and is maintained in a (OMB) extend for three years the current within the system. The audit and system of records that pertains to them. PRA clearance for information accountability controls are based on To request an amendment to your collection requirements contained in the NIST and Board standards which, in record, you should clearly mark the agency’s Health Breach Notification turn, are based on applicable laws and request as a ‘‘Privacy Act Amendment Rule. The existing clearance expires on regulations. The controls assist in Request.’’ You have the burden of proof May 31, 2019. The public should detecting security violations and for demonstrating the appropriateness of address comments to this notice to the performance or other issues in the the requested amendment and you must OMB. provide relevant and convincing system. Access to the system is DATES: Comments must be received by evidence in support of your request. restricted to authorized users within the June 3, 2019. Board who require access for official Your request for amendment must: (1) Provide the name of the specific Board ADDRESSES: Comments in response to business purposes. Users are classified this notice should be submitted to the into different roles and common access system of records containing the record you seek to amend; (2) identify the OMB Desk Officer for the Federal Trade and usage rights are established for each Commission within 30 days of this role. User roles are used to delineate specific portion of the record you seek to amend; (3) describe the nature of and notice. You may submit comments between the different types of access using any of the following methods: requirements such that users are reasons for each requested amendment; (4) explain why you believe the record Electronic: Write ‘‘Health Breach restricted to data that is required in the Notification Rule: PRA Comment, performance of their duties. Periodic is not accurate, relevant, timely, or complete; and (5) unless you have P072108,’’ on your comment and file assessments and reviews are conducted your comment online at https:// to determine whether users still require already done so in a related Privacy Act request for access or amendment, www.regulations.gov, by following the access, have the appropriate role, and instructions on the web-based form. whether there have been any provide the necessary information to _ _ verify your identity. Email: Wendy L. Liberante@ unauthorized changes. omb.eop.gov. RECORD ACCESS PROCEDURES: NOTIFICATION PROCEDURES: Fax: (202) 395–5806. Mail: Office of Information and The Privacy Act allows individuals Same as ‘‘Access procedures’’ above. Regulatory Affairs, Office of the right to access records maintained You may also follow this procedure in Management and Budget, Attention: about them in a Board system of order to request an accounting of Desk Officer for the Federal Trade records. Your request for access must: previous disclosures of records Commission, New Executive Office (1) Contain a statement that the request pertaining to you as provided for by 5 Building, Docket Library, Room 10102, is made pursuant to the Privacy Act of U.S.C. 552a(c). 725 17th Street NW, Washington, DC 1974; (2) provide either the name of the 20503. Board system of records expected to EXEMPTIONS PROMULGATED FOR THE SYSTEM: contain the record requested or a Certain portions of this system of FOR FURTHER INFORMATION CONTACT: concise description of the system of records may be exempt from 5 U.S.C. Robin Wetherill, 202–326–2220, records; (3) provide the information 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and Attorney, Privacy & Identity Protection, necessary to verify your identity; and (4) (I), and (f) of the Privacy Act pursuant Bureau of Consumer Protection, 600 provide any other information that may to subsections 5 U.S.C. 552a(k)(2) and Pennsylvania Ave. NW, Washington, DC assist in the rapid identification of the (k)(5). 20580. record you seek. SUPPLEMENTARY INFORMATION: Current or former Board employees HISTORY: Title: Health Breach Notification Rule. may make a request for access by This SORN was previously published OMB Control Number: 3084–0150. contacting the Board office that in the Federal Register at 81 FR 39923 Type of Review: Extension of a maintains the record. The Board (June 20, 2016) and 73 FR 24984 at currently approved collection. handles all Privacy Act requests as both 24987 (May 6, 2008). The SORN was Abstract: The Health Breach a Privacy Act request and as a Freedom also amended to incorporate two new Notification Rule (Rule), 16 CFR part of Information Act request. The Board routine uses required by OMB at 83 FR 318, requires vendors of personal health does not charge fees to a requestor 43872 (August 28, 2018). records and PHR related entities to

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provide: (1) Notice to consumers whose Request for Comment CDC will accept all comments for this unsecured personally identifiable health Your comment—including your name proposed information collection project. information has been breached; and (2) and your state—will be placed on the The Office of Management and Budget notice to the Commission. The Rule public record of this proceeding at the is particularly interested in comments only applies to electronic health records https://www.regulations.gov website. that: (a) Evaluate whether the proposed and does not include recordkeeping Because your comment will be made collection of information is necessary requirements. The Rule requires third public, you are solely responsible for for the proper performance of the party service providers (i.e., those making sure that your comment does functions of the agency, including companies that provide services such as not include any sensitive personal whether the information will have billing or data storage) to vendors of information, such as anyone’s Social practical utility; personal health records and PHR related Security number; date of birth; driver’s (b) Evaluate the accuracy of the entities to provide notification to such license number or other state agencies estimate of the burden of the vendors and PHR related entities identification number, or foreign proposed collection of information, following the discovery of a breach. To country equivalent; passport number; including the validity of the notify the FTC of a breach, the financial account number; or credit or Commission developed a simple, two- methodology and assumptions used; debit card number. You are also solely (c) Enhance the quality, utility, and page form requesting minimal responsible for making sure that your information and consisting mainly of clarity of the information to be comment does not include any sensitive collected; check boxes, which is posted at health information, such as medical www.ftc.gov/healthbreach. (d) Minimize the burden of the records or other individually collection of information on those who On February 8, 2019, the FTC sought identifiable health information. In are to respond, including, through the comment on the information collection addition, your comment should not use of appropriate automated, requirements associated with the Rule. include any ‘‘trade secret or any electronic, mechanical, or other 84 FR 2868. The FTC received seven commercial or financial information technological collection techniques or non-germane comments that did not which . . . is privileged or other forms of information technology, address either the burden associated confidential’’—as provided by Section e.g., permitting electronic submission of with the Rule or any of the other issues 6(f) of the FTC Act, 15 U.S.C. 46(f), and responses; and raised by the public comment request. FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— (e) Assess information collection Pursuant to OMB regulations, 5 CFR including in particular competitively costs. part 1320, that implement the PRA, 44 sensitive information such as costs, To request additional information on U.S.C. 3501 et seq., the FTC is providing sales statistics, inventories, formulas, the proposed project or to obtain a copy this second opportunity for public patterns, devices, manufacturing of the information collection plan and comment while seeking OMB approval processes, or customer names. instruments, call (404) 639–7570 or to renew the pre-existing clearance for Heather Hippsley, send an email to [email protected]. Direct the Rule. For more details about the written comments and/or suggestions Deputy General Counsel. Rule requirements and the basis for the regarding the items contained in this calculations summarized below, see 84 [FR Doc. 2019–08909 Filed 5–1–19; 8:45 am] notice to the Attention: CDC Desk FR 2868. BILLING CODE 6750–01–P Officer, Office of Management and Likely Respondents: Vendors of Budget, 725 17th Street NW, personal health records, PHR related Washington, DC 20503 or by fax to (202) entities and third party service DEPARTMENT OF HEALTH AND 395–5806. Provide written comments providers. HUMAN SERVICES within 30 days of notice publication. Estimated Annual Hours Burden: Centers for Disease Control and Proposed Project 4,779. Prevention Long-term sequela of Rocky Mountain Estimated Frequency: 25,000 single- [30Day–19–19LI] spotted fever (RMSF)—New ICR— person breaches per year and 0.33 major National Center for Emerging and breaches per year. Agency Forms Undergoing Paperwork Zoonotic Infectious Diseases (NCEZID), 1 Total Annual Labor Cost: $96,656. Reduction Act Review Centers for Disease Control and Total Annual Capital or Other Non- Prevention (CDC). Labor Cost: $29,952.2 In accordance with the Paperwork Reduction Act of 1995, the Centers for Background and Brief Description 1 Hourly wages throughout this document are Disease Control and Prevention (CDC) Data collection for this investigation updated from the 60-Day Federal Register notice has submitted the information was initiated in July 2018 following and are based on mean hourly wages found at collection request titled Long-term OMB approval on 7/22/2018, with a http://www.bls.gov/news.release/ocwage.htm sequela of Rocky Mountain spotted second approval on 11/15/2018 under (‘‘Occupational Employment and Wages–May 2018,’’ U.S. Department of Labor, released March fever (RMSF) to the Office of the Emergency Epidemic Investigations 2019, Table 1 (‘‘National employment and wage Management and Budget (OMB) for (EEI) Generic ICR (OMB Control data from the Occupational Employment Statistics review and approval. CDC previously Number 0920–1011, exp 1/31/2020). A survey by occupation, May 2018’’). published a ‘‘Proposed Data Collection full OMB package is being submitted to The breakdown of labor hours and costs is as Submitted for Public Comment and allow for continuation of the project. follows: 50 hours of computer and information systems managerial time at approximately $73 per Recommendations’’ notice on February CDC is seeking three years of OMB hour; 12 hours of marketing manager time at $71 7, 2019 to obtain comments from the approval. per hour; 33 hours of computer programmer time public and affected agencies. CDC did Rocky Mountain spotted fever at $43 per hour; and 5 hours of legal staff time at not receive comments related to the (RMSF), a life-threatening and rapidly $69 per hour. The cost of telephone operators is estimated at $19/hour. previous notice. This notice serves to progressive tickborne disease, is caused 2 Average wages for information security analysts allow an additional 30 days for public by infection with the bacterium are estimated at $49/hour. and affected agency comments. Rickettsia rickettsii. Infection begins

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with non-specific symptoms like fever, long-term impacts is still not well developmental assessment for children. headache, and muscle pain, but when understood, and only a handful of Resulting data will provide information left untreated the bacteria can cause studies have examined them in detail. to healthcare providers, patients, and damage to blood vessels throughout the Results of neurologic damage caused policy makers about the long term body leading to organ and tissue during acute RMSF illness may include consequences of severe RMSF, damage. Delay in recognition and symptoms ranging from paresthesia, including time to recovery, self-reported treatment of RMSF can result in insomnia and behavioral concerns to impact to daily function, and will look irreparable damage leading to loss of hearing, motor or language to identify risk factors during acute amputation of extremities, neurological dysfunction, and chronic pain. illness which may be associated with deficits (such as hearing loss, paralysis, This study will gather information long term impairment. and encephalopathy), and death. related to neurologic sequela following Case series in the peer-reviewed RMSF illness. Information for this study There is no cost to respondents other literature document long term sequelae will come from three sources: Medical than the time to participate. Total (LTS) from RMSF in anywhere from 3– charts, patient interviews, and estimated burden is 42 hours. 55% of cases, yet characterization of the neurological exams with a cognitive/

ESTIMATED ANNUALIZED BURDEN HOURS

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

General Public ...... Patient screening questionnaire ...... 84 1 10/60 Neurological exam form ...... 42 1 40/60

Jeffrey M. Zirger, for the proper performance of the Centers for Disease Control and Lead, Information Collection Review Office, functions of the agency, including Prevention (CDC). Office of Scientific Integrity, Office of Science, whether the information will have Background and Brief Description Centers for Disease Control and Prevention. practical utility; [FR Doc. 2019–08930 Filed 5–1–19; 8:45 am] (b) Evaluate the accuracy of the The Division of Violence Prevention BILLING CODE 4163–18–P agencies estimate of the burden of the (DVP), National Center for Injury proposed collection of information, Prevention and Control (NCIPC) including the validity of the proposes to maintain a system for the DEPARTMENT OF HEALTH AND methodology and assumptions used; surveillance of school-associated HUMAN SERVICES (c) Enhance the quality, utility, and homicides and suicides. The system clarity of the information to be relies on existing public records and Centers for Disease Control and collected; interviews with law enforcement Prevention (d) Minimize the burden of the officials and school officials. The [30Day–19–0604] collection of information on those who purpose of the system is to (1) estimate are to respond, including, through the the rate of school-associated violent Agency Forms Undergoing Paperwork use of appropriate automated, death in the United States and (2) Reduction Act Review electronic, mechanical, or other identify common features of school- technological collection techniques or associated violent deaths. The system In accordance with the Paperwork other forms of information technology, will contribute to the understanding of Reduction Act of 1995, the Centers for e.g., permitting electronic submission of fatal violence associated with schools, Disease Control and Prevention (CDC) responses; and guide further research in the area, and has submitted the information (e) Assess information collection help direct ongoing and future collection request titled School- costs. prevention programs. Associated Violent Deaths Surveillance To request additional information on Violence is the leading cause of death System (SAVD) to the Office of the proposed project or to obtain a copy among young people, and increasingly Management and Budget (OMB) for of the information collection plan and recognized as an important public review and approval. CDC previously instruments, call (404) 639–7570 or health and social issue. In 2016, over published a ‘‘Proposed Data Collection send an email to [email protected]. Direct 3,600 school-aged children (five to 18 Submitted for Public Comment and written comments and/or suggestions years old) in the United States died Recommendations’’ notice on February regarding the items contained in this violent deaths due to suicide, homicide, 2, 2019 to obtain comments from the notice to the Attention: CDC Desk and unintentional firearm injuries. The public and affected agencies. CDC Officer, Office of Management and vast majority of these fatal injuries were received four comments related to the Budget, 725 17th Street NW, not school associated. However, previous notice. This notice serves to Washington, DC 20503 or by fax to (202) whenever a homicide or suicide occurs allow an additional 30 days for public 395–5806. Provide written comments in or around school, it becomes a matter and affected agency comments. within 30 days of notice publication. of particularly intense public interest CDC will accept all comments for this and concern. NCIPC conducted the first proposed information collection project. Proposed Project scientific study of school-associated The Office of Management and Budget School-Associated Violent Deaths violent deaths (SAVD) during the 1992– is particularly interested in comments Surveillance System (SAVD) (OMB#: 99 academic years to establish the true that: 0920–0604, expiration 05/31/2019)— extent of this highly visible problem. (a) Evaluate whether the proposed Revision—National Center for Injury Despite the important role of schools as collection of information is necessary Prevention and Control (NCIPC), a setting for violence research and

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prevention interventions, relatively of the official law enforcement report for violence prevention activities in the little scientific or systematic work has confirmed SAVD cases. school and community where the death been done to describe the nature and In past years, investigators would occurred, before and after the fatal level of fatal violence associated with interview an investigating law injury event. The revised data collection schools. Until NCIPC conducted the first enforcement official (defined as a police process eliminating the use of telephone nationwide investigation of violent officer, police chief, or district attorney), interviews will reduce respondents’ deaths associated with schools, public and a school official (defined as a school burden greatly. health and education officials had to principal, school superintendent, school counselor, school teacher, or school All data are secured through the use rely on limited local studies and of technical, physical, and estimated numbers to describe the support staff) who were knowledgeable about the case in question; however, administrative controls. Hard copies of extent of school-associated violent data are kept under lock and key in death. moving forward, the interviews with these respondents will be eliminated, secured offices, located in a secured SAVD is an ongoing surveillance and instead CDC study personnel will facility that can be accessed only by system that draws cases from the entire abstract data from law enforcement presenting the appropriate credentials. United States in an attempt to capture reports to enter using a Data Abstraction Digital data are password protected and all cases of school-associated violent Tool. Data to be abstracted from the law then stored (and backed up routinely) deaths that have occurred. Investigators enforcement report include the onto a secure Local Area Network that review public records and published following: Information on both the can only be accessed by individuals press reports concerning each school- victim and alleged offender(s)— who have been appropriately associated violent death. For each including demographic data, their authorized. Study data are reported in identified case, investigators also criminal records, and their relationship the aggregate, such that no individual contact the corresponding law to one another; the time and location of case can be identified from the reports. enforcement agency and speak with an the incident precipitating the fatality; There are no costs to the respondents official in order to confirm or reject the the circumstances, motive, and method other than their time. The total case as an SAVD, and to request a copy of the fatal injury; and the security and estimated annual burden hours are 17.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Law Enforcement Officer ...... Law Enforcement Case Confirmation Script .. 50 1 5/60 Letter to Local Law Enforcement Officials ..... 50 1 15/60

Jeffrey M. Zirger, patentable material, and personal Prevention and the Agency for Toxic Lead, Information Collection Review Office, information concerning individuals Substances and Disease Registry. Office of Scientific Integrity, Office of Science, associated with the grant applications, Sherri Berger, Centers for Disease Control and Prevention. the disclosure of which would [FR Doc. 2019–08931 Filed 5–1–19; 8:45 am] constitute a clearly unwarranted Chief Operating Officer, Centers for Disease Control and Prevention. BILLING CODE 4163–18–P invasion of personal privacy. [FR Doc. 2019–08929 Filed 5–1–19; 8:45 am] Name of Committee: Disease, BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND Disability, and Injury Prevention and HUMAN SERVICES Control Special Emphasis Panel (SEP)— PS15–001SUPP, Positive Health Check DEPARTMENT OF HEALTH AND Centers for Disease Control and Evaluation Trial. HUMAN SERVICES Prevention Date: June 27, 2019. Food and Drug Administration Notice of Closed Meeting: Disease, Time: 10:00 a.m.–5:00 p.m., (EDT). Disability, and Injury Prevention and Place: Teleconference. [Docket No. FDA–2019–N–1346] Control Special Emphasis Panel Agenda: To review and evaluate grant Development of Antiviral Drugs for the applications. Pursuant to section 10(d) of the Treatment of Adenoviral Infection in Federal Advisory Committee Act, as For Further Information Contact: Immunocompromised Patients; Public amended, notice is hereby given of the Gregory Anderson, M.S., M.P.H., Workshop; Request for Comments Scientific Review Officer, CDC, 1600 following meeting. AGENCY: Food and Drug Administration, The meeting will be closed to the Clifton Road NE, Mailstop E60, Atlanta, HHS. public in accordance with the Georgia 30329, (404) 718–8833, gca5@ cdc.gov. ACTION: Notice of public workshop; provisions set forth in sections request for comments. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The Chief Operating Officer, Centers as amended, and the Determination of for Disease Control and Prevention, has SUMMARY: The Food and Drug the Chief Operating Officer, CDC, been delegated the authority to sign Administration (FDA, the Agency, or pursuant to Public Law 92–463. The Federal Register notices pertaining to we) is announcing the following public grant applications and the discussions announcements of meetings and other workshop entitled ‘‘Development of could disclose confidential trade secrets committee management activities, for Antiviral Drugs for the Treatment of or commercial property such as both the Centers for Disease Control and Adenoviral Infection in

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Immunocompromised Patients.’’ The • If you want to submit a comment of comments to public dockets, see 80 purpose of the public workshop is to with confidential information that you FR 56469, September 18, 2015, or access discuss the scientific and clinical trial do not wish to be made available to the the information at: https://www.gpo.gov/ design considerations for development public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- of antiviral products to treat adenoviral written/paper submission and in the 23389.pdf. infection. manner detailed (see ‘‘Written/Paper Docket: For access to the docket to DATES: The public workshop will be Submissions’’ and ‘‘Instructions’’). read background documents or the electronic and written/paper comments held on August 8, 2019, from 8:30 a.m. Written/Paper Submissions to 4:30 p.m. Submit either electronic or received, go to https:// written comments on this public Submit written/paper submissions as www.regulations.gov and insert the follows: workshop by September 8, 2019. See the docket number, found in brackets in the • Mail/Hand Delivery/Courier (for SUPPLEMENTARY INFORMATION section for heading of this document, into the written/paper submissions): Dockets registration date and information. ‘‘Search’’ box and follow the prompts Management Staff (HFA–305), Food and and/or go to the Dockets Management ADDRESSES: The public workshop will Drug Administration, 5630 Fishers be held at FDA’s White Oak Campus, Staff, 5630 Fishers Lane, Rm. 1061, Lane, Rm. 1061, Rockville, MD 20852. Rockville, MD 20852. 10903 New Hampshire Ave., Bldg. 31 • For written/paper comments Conference Center, the Great Room (Rm. submitted to the Dockets Management FOR FURTHER INFORMATION CONTACT: Lori 1503), Silver Spring, MD 20993. Staff, FDA will post your comment, as Benner and/or Jessica Barnes, Center for Entrance for the public workshop well as any attachments, except for Drug Evaluation and Research, Food participants (non-FDA employees) is information submitted, marked and and Drug Administration, 10903 New through Building 1 where routine identified, as confidential, if submitted Hampshire Ave., Bldg. 22, Rm. 6221, security check procedures will be as detailed in ‘‘Instructions.’’ Silver Spring, MD 20993–0002, 301– performed. For parking and security Instructions: All submissions received 796–1300. information, please refer to https:// must include the Docket No. FDA– SUPPLEMENTARY INFORMATION: www.fda.gov/AboutFDA/ 2019–N–1346 for ‘‘Development of I. Background WorkingatFDA/BuildingsandFacilities/ Antiviral Drugs for the Treatment of WhiteOakCampusInformation/ Adenoviral Infection in FDA is announcing a public ucm241740.htm. Immunocompromised Patients.’’ workshop related to the development of You may submit comments as Received comments, those filed in a antiviral drugs to treat adenoviral follows. Please note that late, untimely timely manner (see ADDRESSES), will be infection in immunocompromised filed comments will not be considered. placed in the docket and, except for patients. Discussions will focus on Electronic comments must be submitted those submitted as ‘‘Confidential scientific and clinical trial design on or before September 8, 2019. The Submissions,’’ publicly viewable at considerations and potential paths https://www.regulations.gov electronic https://www.regulations.gov or at the forward for antiviral drug development. filing system will accept comments Dockets Management Staff between 9 II. Topics for Discussion at the Public until 11:59 p.m. Eastern Time on a.m. and 4 p.m., Monday through Workshop September 8, 2019. Comments received Friday. by mail/hand delivery/courier (for • Confidential Submissions—To Discussions are planned around the written/paper submissions) will be submit a comment with confidential following topics: considered timely if they are information that you do not wish to be • Trial design considerations (e.g., trial postmarked or the delivery service made publicly available, submit your endpoints, trial populations, acceptance receipt is on or before that comments only as a written/paper treatment strategies, risk/benefit date. submission. You should submit two considerations, ethical copies total. One copy will include the considerations, virologic testing Electronic Submissions information you claim to be confidential considerations) Submit electronic comments in the with a heading or cover note that states • Diagnostic assay(s) considerations following way: ‘‘THIS DOCUMENT CONTAINS The Agency encourages healthcare • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The providers, other U.S. Government https://www.regulations.gov. Follow the Agency will review this copy, including Agencies, academic experts, industry, instructions for submitting comments. the claimed confidential information, in and other stakeholders to attend this Comments submitted electronically, its consideration of comments. The public workshop. including attachments, to https:// second copy, which will have the www.regulations.gov will be posted to claimed confidential information III. Participating in the Public the docket unchanged. Because your redacted/blacked out, will be available Workshop comment will be made public, you are for public viewing and posted on Registration: Registration is free and solely responsible for ensuring that your https://www.regulations.gov. Submit based on space availability, with comment does not include any both copies to the Dockets Management priority given to early registrants. confidential information that you or a Staff. If you do not wish your name and Persons interested in attending this third party may not wish to be posted, contact information to be made publicly public workshop must register online by such as medical information, your or available, you can provide this August 1, 2019, 11:59 p.m. Eastern anyone else’s Social Security number, or information on the cover sheet and not Time. To register, please provide confidential business information, such in the body of your comments and you complete contact information for each as a manufacturing process. Please note must identify this information as attendee, including name, title, that if you include your name, contact ‘‘confidential.’’ Any information marked affiliation, address, email, and information, or other information that as ‘‘confidential’’ will not be disclosed telephone to https:// identifies you in the body of your except in accordance with 21 CFR 10.20 www.eventbrite.com/e/development-of- comments, that information will be and other applicable disclosure law. For antiviral-drugs-for-the-treatment-of- posted on https://www.regulations.gov. more information about FDA’s posting adenoviral-infection-in-

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immunocompromised-tickets- ADDRESSES). A link to the transcript will help us prepare for the ICCR–13 meeting 55714561754. also be available on the internet at that will be held July 9 to 11, 2019, in Early registration is recommended https://www.fda.gov/Drugs/NewsEvents/ Montreal, Canada. because seating is limited; therefore, ucm630653.htm. ICCR is a voluntary international FDA may limit the number of Dated: April 29, 2019. group of cosmetics regulatory participants from each organization. authorities from Brazil, Canada, the Lowell J. Schiller, Registrants will receive confirmation European Union, Japan, and the United when they have been accepted. If time Principal Associate Commissioner for Policy. States of America. These regulatory and space permit, onsite registration on [FR Doc. 2019–08993 Filed 5–1–19; 8:45 am] authority members will engage in the day of the public workshop will be BILLING CODE 4164–01–P constructive dialogue with their provided beginning at 7:30 a.m. We will relevant cosmetics industry trade let registrants know if registration closes associations and public advocacy before the day of the public workshop. DEPARTMENT OF HEALTH AND groups. Currently, the ICCR members If you need special accommodations HUMAN SERVICES are: The Brazilian Health Surveillance due to a disability, please contact Jessica Food and Drug Administration Agency; Health Canada; the European Barnes or Lori Benner (see FOR FURTHER Commission Directorate-General for INFORMATION CONTACT) no later than [Docket No. FDA–2019–N–0001] Internal Market, Industry, August 1, 2019. Entrepreneurship, and Small and Requests for Oral Presentations: Preparation for International Medium-sized Enterprises; the Ministry During online registration you may Cooperation on Cosmetics Regulation of Health, Labor, and Welfare of Japan; indicate if you wish to present during a Thirteenth Annual Meeting; Public and FDA. All decisions are made by public comment session or participate Meeting consensus and will be compatible with in a specific session, and which topic(s) AGENCY: Food and Drug Administration, the laws, policies, rules, regulations, you wish to address. We will do our HHS. and directives of the respective best to accommodate requests to make ACTION: Notice of public meeting. administrations and governments. public comments. Individuals and Members will implement and/or organizations with common interests are SUMMARY: The Food and Drug promote actions or documents within urged to consolidate or coordinate their Administration (FDA, the Agency, or their own jurisdictions and seek presentations, and request time for a we) is announcing the following public convergence of regulatory policies and joint presentation, or submit requests for meeting entitled ‘‘International practices. Successful implementation designated representatives to participate Cooperation on Cosmetics Regulation will need input from stakeholders. in the focused sessions. Following the (ICCR)—Preparation for ICCR–13 close of registration, we will determine II. Topics for Discussion at the Public Meeting.’’ The purpose of the public Meeting the amount of time allotted to each meeting is to invite public input on presenter and the approximate time various topics pertaining to the We will make the agenda for the each oral presentation is to begin, and regulation of cosmetics. We may use public meeting available on the internet will select and notify participants by this input to help us prepare for the at https://www.fda.gov/Cosmetics/ August 2, 2019. All requests to make ICCR–13 meeting that will be held July InternationalActivities/ICCR/ oral presentations must be received by 9 to 11, 2019, in Montreal, Canada. default.htm. Depending on the number the close of registration on July 29, DATES: The public meeting will be held of requests for oral presentations, we 2019. If selected for presentation, any on June 5, 2019, from 2 p.m. to 4 p.m. intend to have an agenda available by presentation materials must be emailed See the SUPPLEMENTARY INFORMATION May 29, 2019. to [email protected] section for registration date and III. Participating in the Public Meeting no later than August 5, 2019. No information. commercial or promotional material Registration: To register for the public will be permitted to be presented or ADDRESSES: The public meeting will be meeting, send registration information distributed at the public workshop. held at the Food and Drug (including your name, title, affiliation, Streaming Webcast of the Public Administration, Center for Food Safety address, email, and telephone), to Workshop: This public workshop will and Applied Nutrition, 5001 Campus Jonathan Hicks by May 22, 2019. If you also be webcast at the following site: Dr., Wiley Auditorium (first floor), would like to listen to the meeting by https://collaboration.fda.gov/ College Park, MD 20740. phone, please submit a request for a oapdavp080819. FOR FURTHER INFORMATION CONTACT: dial-in number by May 22, 2019 (see If you have never attended a Connect Jonathan Hicks, Office of Cosmetics and FOR FURTHER INFORMATION CONTACT). If Pro event before, test your connection at Colors, Food and Drug Administration, you need special accommodations due https://collaboration.fda.gov/common/ 5001 Campus Dr. (HFS–125), College to a disability, please contact Jonathan help/en/support/meeting_test.htm. To Park, MD 20740, 240–402–1375, Hicks by May 29, 2019. get a quick overview of the Connect Pro [email protected]. Requests for Oral Presentations: If you program, visit https://www.adobe.com/ SUPPLEMENTARY INFORMATION: wish to present, you should notify go/connectpro_overview. FDA has Jonathan Hicks by May 22, 2019, and verified the website addresses in this I. Background submit a brief statement of the general document, as of the date this document The intention of the ICCR multilateral nature of the presentation: What you publishes in the Federal Register, but framework is to pave the way for the wish to present, your name, title, websites are subject to change over time. removal of regulatory obstacles to affiliation, address, email, and Transcripts: Please be advised that as international trade while maintaining telephone, and indicate the approximate soon as a transcript of the public global consumer protection. The amount of time needed to make your workshop is available, it will be purpose of the meeting is to invite presentation. You may wish to present accessible at https:// public input on various topics proposals for future ICCR agenda items, www.regulations.gov. It may be viewed pertaining to the regulation of data, information, or views, in person or at the Dockets Management Staff (see cosmetics. We may use this input to in writing, on issues pending at the

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public meeting or a topic related to a ACTION: Notice of a HRSA-Initiated health workforce in underserved and previous meeting. There will be no Supplemental Award to Recipients in geographically isolated communities, presentations by phone. Time allotted the Reaching Practicing Maternal and including rural, frontier areas, and for oral presentations may be limited to Child Health (MCH) Professionals in Indian reservations. The purpose of the 10 minutes or less for each presenter, Underserved Areas through Education supplement from HRSA is to extend the depending on the number of requests and Training Program. performance period of the current four received. recipients to continue supporting the SUMMARY: HRSA announces the award Transcripts: Please be advised that as of a supplement of $705,246 for the development and implementation of in- soon as a transcript of the public Reaching Practicing MCH Professionals depth training tailored to the specific meeting is available, it will be accessible in Underserved Areas through needs of MCH public health at https://www.regulations.gov. It may Education and Training Program professionals practicing in underserved also be viewed at the Dockets (hereafter Program) recipients. The communities. These four recipients Management Staff (HFA–305), Food and supplement will allow the current four received their original awards for the Drug Administration, 5630 Fishers recipients, during the period of June 1, period of June 1, 2014 through May 31, Lane, Rm. 1061, Rockville, MD 20850. 2019–May 31, 2020, to continue 2019 through a competitive process. The non-competitive supplement will allow Dated: April 26, 2019. supporting the development and implementation of in-depth training grantees to complete training activities Lowell J. Schiller, tailored to the specific needs of MCH consistent with approved activities in Principal Associate Commissioner for Policy. public health professionals practicing in their competing applications. Activities [FR Doc. 2019–08897 Filed 5–1–19; 8:45 am] underserved communities, including will include outreach and training for BILLING CODE 4164–01–P rural and frontier areas and Indian MCH professionals in tribal reservations. communities and training for MCH SUPPLEMENTARY INFORMATION: professionals on pressing topics such as DEPARTMENT OF HEALTH AND Intended Recipients of Award: The mental health and substance use HUMAN SERVICES Regents of the University of Colorado, disorders. This supports the overall goal The University of Texas Health Science of the Program to strengthen the nation’s Health Resources and Services Center at Houston, University of New public health system by developing the Administration Mexico, and University of Washington. MCH public health workforce in Amount of Non-Competitive Awards: underserved and geographically isolated Notice of a HRSA-Initiated $705,246. communities. Supplemental Award to Recipients in Period of Supplemental Funding: 06/ the Reaching Practicing Maternal and 01/2019–05/31/2020. FOR FURTHER INFORMATION CONTACT: Child Health (MCH) Professionals in CFDA Number: 93.110. Samantha Croffut, Division of Maternal Underserved Areas Through Education Authority: Social Security Act, Title and Child Health Workforce and Training Program V, § 501(a)(2) (42 U.S.C. 701(a)(2)). Development, Maternal and Child Justification: The purpose of the Health Bureau, HRSA, 5600 Fishers AGENCY: Health Resources and Services Program is to strengthen the nation’s (59 Lane, Room 18W62, Rockville, MD Administration (HRSA), Department of states and jurisdictions) public health 20852, Phone: 301–443–3139, Email: Health and Human Services (HHS). system by developing the MCH public [email protected].

FY 2018 Grantee/organization name Grant No. State authorized FY 2019 proposed funding level funding level

The Regents of the University of Colorado ...... T04MC26890 CO $175,866 Up to $175,866. The University of Texas Health Science Center at Houston ...... T04MC12785 TX $176,634 Up to $176,634. University of New Mexico ...... T04MC26891 NM $176,138 Up to $176,138. University of Washington ...... T04MC26892 WA $176,608 Up to $176,608.

Dated: April 26, 2019. DEPARTMENT OF HEALTH AND of Nebraska Medical Center/Board of George Sigounas, HUMAN SERVICES Regents of the University of Nebraska Administrator. for the Partnership for Urban Maternal Health Resources and Services [FR Doc. 2019–08877 Filed 5–1–19; 8:45 am] and Child Health (MCH) Leadership Administration Community Cooperative Agreement. BILLING CODE 4165–15–P Notice of a HRSA-Initiated SUMMARY: HRSA announces the award Supplemental Award to the University of a supplement for $700,000 to the of Nebraska Medical Center/Board of University of Nebraska Medical Center/ Regents of the University of Nebraska Board of Regents of the University of for the Partnership for Urban Maternal Nebraska for the Partnership for Urban and Child Health (MCH) Leadership MCH Leadership Community Community Cooperative Agreement Cooperative Agreement. The supplement will allow the current AGENCY: Health Resources and Services recipient, during the period of May 1, Administration (HRSA), Department of 2019–April 30, 2020, to assess the Health and Human Services. outcomes and impact of its collective ACTION: Notice of a HRSA-Initiated impact learning collaborative with Supplemental Award to the University urban health departments.

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SUPPLEMENTARY INFORMATION: 2. Strengthening local and State MCH penetration of collective impact into Intended Recipient of Award: analytic capacity through epidemiology broader communities, and plan for University of Nebraska Medical Center/ training opportunities; and providing technical assistance regarding Board of Regents of the University of 3. Serving as an effective voice in replication of these learning Nebraska. communicating urban MCH issues and collaborative in new urban areas. Amount of Non-Competitive Award: in developing strong partnerships and This cooperative agreement also $700,000. collaborations with State Title V supports epidemiology training (Goal 2) Period of Supplemental Funding: 05/ programs and other national partners to and enables the award recipient to serve 01/2019–04/30/2020. advance urban MCH priorities. as a voice for advancing urban MCH CFDA Number: 93.110. The purpose of the supplement from priorities (Goal 3), which are ongoing Authority: Social Security Act, Title HRSA is to give the University of needs. This supplement will maintain V, § 501(a)(2) (42 U.S.C. 701(a)(2)). Nebraska Medical Center/Board of HRSA’s investment in strengthening Justification: The purpose of the Regents of the University of Nebraska local and State MCH analytic capacity Partnership for Urban MCH Leadership for the Partnership for Urban MCH through epidemiology training Community Cooperative Agreement Leadership Community Cooperative opportunities, as provided by Goal 2, to program is to support urban MCH Agreement, the opportunity to collect assure optimal capacity to respond to leaders as they work to improve public impact data for an additional year in MCH emerging and priority issues at the health programs and the delivery of support of goal one of this project. An state and local level, such as opioids MCH services, and to assure optimal additional year will allow the recipient and neonatal abstinence syndrome. In alignment with the Title V MCH to mature the current projects, continue addition, assuring that a national Services Block Grant program. This collecting data from teams, and begin to partner is continuing to communicate program focuses on the following three assess the impact that this collective urban MCH issues, as addressed by Goal goals: impact work has had on urban 3, is a foundational need of the state- 1. Assisting urban MCH leaders in outcomes, as well as any impact at the urban MCH partnership, and is essential achieving collective impact to respond State Title V National Performance for optimizing Title V MCH Block Grant to the MCH challenges faced by urban Measure level. The recipient also will outcomes. communities by performing an have the opportunity for more extensive FOR FURTHER INFORMATION CONTACT: Kate environmental scan, planning and data analysis to assess effective Marcell, Division of State and convening a series of three learning strategies that impact urban outcomes, Community Health, Maternal and Child collaborative for urban MCH leaders, and to identify lessons learned for Health Bureau, HRSA, 5600 Fishers and developing and disseminating a potential future collective impact Lane, Room 18N104D, Rockville, MD collective impact toolkit and initiatives. With an extra year, the 20857, Phone: 301–443–4656, Email: compendium; recipient will be able to assess [email protected].

FY 2018 Grantee/organization name Grant No. State Authorized FY 2019 Proposed funding level funding level

University of Nebraska Medical Center/Board of Regents of the University of U01MC17261 NE $700,000 Up to $700,000. Nebraska.

Dated: April 26, 2019. guidance to the Secretary on scientific, interest to HHS regarding current and George Sigounas, technical, and other matters of special future chemical, biological, nuclear, and Administrator. interest to HHS regarding current and radiological agents, whether naturally [FR Doc. 2019–08876 Filed 5–1–19; 8:45 am] future chemical, biological, nuclear, and occurring, accidental, or deliberate. radiological agents, whether naturally BILLING CODE 4165–15–P Availability of Materials: Participants occurring, accidental, or deliberate. are encouraged to visit the NBSB DATES: The NBSB In-Person Meeting is website (http://www.phe.gov/nbsb) for DEPARTMENT OF HEALTH AND being held on June 10–11, 2019, from information about the meeting, HUMAN SERVICES 9:00 a.m. to 5:00 p.m. Eastern Daylight including the agenda. Time (EDT). National Biodefense Science Board: In- ADDRESSES: Please visit the NBSB Procedures for Providing Public Input: Person Meeting website (https://www.phe.gov/nbsb) for Members of the public are encouraged to go to the NBSB website (http:// AGENCY: Office of the Assistant all additional information regarding www.phe.gov/nbsb) for instructions Secretary for Preparedness and NBSB or the In-Person Meeting. about the submission of written Response (ASPR), Department of Health FOR FURTHER INFORMATION CONTACT: CDR and Human Services (HHS). Christopher Perdue, MD, MPH, comments. ACTION: Notice. Designated Federal Official, NBSB, Dated: April 25, 2019. ASPR, HHS; 202–401–5837; Robert P. Kadlec, SUMMARY: The HHS Office of the [email protected]. Assistant Secretary for Preparedness and Secretary is hosting the National SUPPLEMENTARY INFORMATION: Pursuant Response. Biodefense Science Board (NBSB) at an to section 319M of the Public Health [FR Doc. 2019–08943 Filed 5–1–19; 8:45 am] In-Person Meeting in Washington, DC, Service Act, HHS has established the BILLING CODE 4150–37–P on June 10–11, 2019. The purpose of the NBSB to provide expert advice and NBSB In-Person Meeting is to gather guidance to the Secretary on scientific, expert advice provided by NBSB and technical, and other matters of special

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DEPARTMENT OF HEALTH AND Name of Committee: National Advisory nigms.nih.gov.17 to Contact Person: HUMAN SERVICES Dental and Craniofacial Research Council. Erica Brown, Ph.D., Acting Associate Date: May 23, 2019. Director for Extramural Activities; National Institutes of Health Open: 9:00 a.m. to 12:30 p.m. Agenda: Report to the Director, NIDCR. NIGMS, NIH, DHHS; 45 Center Drive, Place: National Institutes of Health, Room 2AN24F; Bethesda, MD 20892; Office of the Director, National 301–594–4499; [email protected]. Institutes of Health Amended Notice of Building 35, 8600 Rockville Pike, Bethesda, MD 20892. Dated: April 26, 2019. Meeting Closed: 2:00 p.m. to 3:00 p.m. Melanie J. Pantoja, Notice is hereby given of a change in Agenda: To review and evaluate grant the meeting of the Advisory Committee applications. Program Analyst, Office of Federal Advisory Place: National Institutes of Health, Committee Policy. to the Director, National Institutes of Building 35, Room 620/630, 8600 Rockville [FR Doc. 2019–08888 Filed 5–1–19; 8:45 am] Health, December 12, 2019, 09:00 a.m. Pike, Bethesda, MD 20892. to December 13, 2019, 01:00 p.m., Contact Person: Alicia J. Dombroski, Ph.D., BILLING CODE 4140–01–P National Institutes of Health, Building Director, Division of Extramural Activities, 45, 45 Center Drive, Conference Room National Instit of Dental and Craniofacial D, Bethesda, MD, 20892 which was Research; National Institutes of Health, DEPARTMENT OF HEALTH AND published in the Federal Register on Bethesda, MD 20892, 301–594–4805, HUMAN SERVICES February 15, 2019, 84 FR 4492. [email protected]. The meeting notice is amended to In the interest of security, NIH has National Institutes of Health change the meeting location from NIH, instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, National Center for Advancing Natcher Building, Conference Room D, including taxicabs, hotel, and airport shuttles Translational Sciences; Notice of 45 Center Drive, Bethesda, MD 20892 to will be inspected before being allowed on Closed Meeting NIH, Building 1, Wilson Hall, 1 Center campus. Visitors will be asked to show one Drive, Bethesda, MD 20892. The form of identification (for example, a Pursuant to section 10(d) of the meeting is open to the public. government-issued photo ID, driver’s license, or passport) and to state the purpose of their Federal Advisory Committee Act, as Dated: April 26, 2019. visit. amended, notice is hereby given of the Natasha M. Copeland, Information is also available on the following meeting. Program Analyst, Office of Federal Advisory Institute’s/Center’s home page: http:// The meeting will be closed to the Committee Policy. www.nidcr.nih.gov/about, where an agenda public in accordance with the [FR Doc. 2019–08884 Filed 5–1–19; 8:45 am] and any additional information for the meeting will be posted when available. provisions set forth in sections BILLING CODE 4140–01–P 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (Catalogue of Federal Domestic Assistance Program Nos. 93.121, Oral Diseases and as amended. The contract proposals and Disorders Research, National Institutes of the discussions could disclose DEPARTMENT OF HEALTH AND confidential trade secrets or commercial HUMAN SERVICES Health, HHS) Dated: April 26, 2019. property such as patentable material, and personal information concerning National Institutes of Health Natasha M. Copeland, individuals associated with the contract Program Analyst, Office of Federal Advisory proposals, the disclosure of which National Institute of Dental and Committee Policy. Craniofacial Research Notice of would constitute a clearly unwarranted [FR Doc. 2019–08881 Filed 5–1–19; 8:45 am] Meeting invasion of personal privacy. BILLING CODE 4140–01–P Pursuant to section 10(d) of the Name of Committee: National Center for Federal Advisory Committee Act, as Advancing Translational Sciences Special amended, notice is hereby given of a DEPARTMENT OF HEALTH AND Emphasis Panel; CRO Support for Lead meeting of the National Advisory Dental HUMAN SERVICES Optimization—TRND7. and Craniofacial Research Council. Date: May 14, 2019. The meeting will be open to the National Institutes of Health Time: 8:00 a.m. to 6:00 p.m. public as indicated below, with Agenda: To review and evaluate contract National Institute of General Medical proposals. attendance limited to space available. Sciences Amended Notice of Meeting Place: Bethesda Marriott Suites, The Individuals who plan to attend and Independence I Conference Room, 6711 need special assistance, such as sign Notice is hereby given of a change in Democracy Boulevard, Bethesda, MD 20817. language interpretation or other the meeting of the National Advisory Contact Person: Rahat (Rani) Khan, Ph.D., reasonable accommodations, should General Medical Sciences Council, Scientific Review Officer, Office of Scientific notify the Contact Person listed below September 19, 2019, 09:00 a.m. to Review, National Center for Advancing in advance of the meeting. September 20, 2019, 12:00 p.m., Translational Sciences, 6701 Democracy The meeting will be closed to the National Institutes of Health, Natcher Blvd., Rm. 1078, Bethesda, MD 20892, 301– public in accordance with the Building, 45 Center Drive, Conference 594–7319, [email protected]. provisions set forth in sections Rooms E1 & E2, Bethesda, MD, 20892 This notice is being published less than 15 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., which was published in the Federal days prior to the meeting due to the timing as amended. The grant applications and Register on February 14, 2019, 84 FR limitations imposed by the review and the discussions could disclose 4089. funding cycle. confidential trade secrets or commercial The meeting notice is amended to (Catalogue of Federal Domestic Assistance property such as patentable material, change the Contact Person from: Ann A. Program Nos. 93.859, Pharmacology, and personal information concerning Hagan, Ph.D., Associate Director for Physiology, and Biological Chemistry individuals associated with the grant Extramural Activities; NIGMS, NIH, Research; 93.350, B—Cooperative applications, the disclosure of which DHHS; 45 Center Drive, Room 2AN24H, Agreements; 93.859, Biomedical Research would constitute a clearly unwarranted MSC6200; Bethesda, MD 20892–6200; and Research Training, National Institutes of invasion of personal privacy. (301) 594–4499; hagana@ Health, HHS)

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Dated: April 26, 2019. DEPARTMENT OF HEALTH AND Contact Person: Ivan K. Navarro, Ph.D., Natasha M. Copeland, HUMAN SERVICES Scientific Review Officer, Office of Extramural Policy and Review, Division of Program Analyst, Office of Federal Advisory Extramural Research, National Institute on Committee Policy. National Institutes of Health Drug Abuse, NIH, DHHS, 6001 Executive [FR Doc. 2019–08882 Filed 5–1–19; 8:45 am] Office of the Director, National Boulevard, Room 4242, MSC 9550, Bethesda, BILLING CODE 4140–01–P Institutes of Health Amended Notice of MD 20892, 301–827–5833, ivan.navarro@ Meeting nih.gov. DEPARTMENT OF HEALTH AND Notice is hereby given of a change in (Catalogue of Federal Domestic Assistance HUMAN SERVICES the meeting of the Advisory Committee Program Nos.: 93.279, Drug Abuse and to the Director, National Institutes of Addiction Research Programs, National National Institutes of Health Health, June 13, 2019, 09:00 a.m. to June Institutes of Health, HHS) 14, 2019, 01:00 p.m. National Institutes Dated: April 26, 2019. National Institute of Allergy and of Health, Building 45, 45 Center Drive, Natasha M. Copeland, Infectious Diseases; Notice of Closed Conference Room D, Bethesda, MD Program Analyst, Office of Federal Advisory Meeting 20892 which was published in the Committee Policy. Federal Register on February 15, 2019, [FR Doc. 2019–08924 Filed 5–1–19; 8:45 am] Pursuant to section 10(d) of the 84 FR 4492. BILLING CODE 4140–01–P Federal Advisory Committee Act, as The meeting notice is amended to amended, notice is hereby given of the change the meeting location from NIH, following meeting. Natcher Building, Conference Room D, DEPARTMENT OF HEALTH AND The meeting will be closed to the 45 Center Drive, Bethesda, MD 20892 to HUMAN SERVICES public in accordance with the NIH, Building 1, Wilson Hall, 1 Center provisions set forth in sections Drive, Bethesda, MD 20892. The National Institutes of Health meeting is open to the public. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute of Dental and as amended. The grant applications and Dated: April 26, 2019. Natasha M. Copeland, Craniofacial Research: Notice of the discussions could disclose Closed Meeting confidential trade secrets or commercial Program Analyst, Office of Federal Advisory Committee Policy. property such as patentable material, Pursuant to section 10(d) of the and personal information concerning [FR Doc. 2019–08878 Filed 5–1–19; 8:45 am] Federal Advisory Committee Act, as individuals associated with the grant BILLING CODE 4140–01–P amended, notice is hereby given of the applications, the disclosure of which following meeting. would constitute a clearly unwarranted The meeting will be closed to the invasion of personal privacy. DEPARTMENT OF HEALTH AND HUMAN SERVICES public in accordance with the Name of Committee: National Institute of provisions set forth in sections Allergy and Infectious Diseases Special National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Emphasis Panel; NIAID Investigator Initiated as amended. The grant applications and Program Project Application (P01). National Institute on Drug Abuse; the discussions could disclose Date: May 17, 2019. Notice of Closed Meetings confidential trade secrets or commercial Time: 3:00 p.m. to 6:00 p.m. Pursuant to section 10(d) of the property such as patentable material, Agenda: To review and evaluate grant Federal Advisory Committee Act, as and personal information concerning applications. amended, notice is hereby given of the individuals associated with the grant Place: National Institutes of Health 5601 applications, the disclosure of which Fishers Lane, Rockville, MD 20892 following meetings. The meetings will be closed to the would constitute a clearly unwarranted (Telephone Conference Call). invasion of personal privacy. Contact Person: Julio C. Aliberti, Ph.D., public in accordance with the Scientific Review Officer Immunology provisions set forth in sections Name of Committee: National Institute of Review Branch DEA/SRP RM 3G53A, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dental and Craniofacial Research Special National Institutes of Health, NIAID 5601 as amended. The grant applications and Emphasis Panel; RFA–DE–19–006: National Fishers Lane, MSC 9823, Rockville, MD the discussions could disclose Dental Practice-Based Research Network UG3/UH3. 20892–9823, 301–761–7322, julio.aliberti@ confidential trade secrets or commercial Date: June 25, 2019. nih.gov. property such as patentable material, and personal information concerning Time: 8:00 a.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance individuals associated with the grant Agenda: To review and evaluate grant Program Nos. 93.855, Allergy, Immunology, applications, the disclosure of which applications. and Transplantation Research; 93.856, would constitute a clearly unwarranted Place: National Institutes of Health, One Microbiology and Infectious Diseases invasion of personal privacy. Democracy Plaza, 6701 Democracy Research, National Institutes of Health, HHS) Boulevard, Bethesda, MD 20892. Name of Committee: National Institute on Dated: April 26, 2019. Contact Person: Crina Frincu, Ph.D., Drug Abuse Special Emphasis Panel; Scientific Review Branch, Natl Institute of Natasha M. Copeland, Development of Medications to Prevent and Dental and Craniofacial Research, National Program Analyst, Office of Federal Advisory Treat Opioid Use Disorders and Overdose Institute of Health, 6701 Democracy (UG3/UH3 (Clinical Trials Optional). Committee Policy. Boulevard, Bethesda, MD 20817, 301–594– Date: May 22, 2019. 0652, [email protected]. [FR Doc. 2019–08880 Filed 5–1–19; 8:45 am] Time: 8:00 a.m. to 5:00 p.m. BILLING CODE 4140–01–P Agenda: To review and evaluate (Catalogue of Federal Domestic Assistance cooperative agreement applications. Program Nos. 93.121, Oral Diseases and Place: Hilton Washington/Rockville, 1750 Disorders Research, National Institutes of Rockville Pike, Rockville, MD 20852. Health, HHS)

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Dated: April 26, 2019. SUPPLEMENTARY INFORMATION: The (b) Serving as an SGE as a member of Natasha M. Copeland, TMAC is an advisory committee a recognized professional association or Program Analyst, Office of Federal Advisory established by the Biggert-Waters Flood organization representing flood hazard Committee Policy. Insurance Reform Act of 2012, 42 U.S.C. determination firms; [FR Doc. 2019–08879 Filed 5–1–19; 8:45 am] 4101a, and in accordance with the (c) Serving as a representative of a BILLING CODE 4140–01–P provisions of the Federal Advisory State government agency that has Committee Act (FACA) 5 U.S.C. App. entered into cooperating technical (Pub. L. 92–463). The TMAC is required partnerships with the Administrator and to make recommendations to FEMA on DEPARTMENT OF HOMELAND has demonstrated the capability to mapping-related issues and activities. SECURITY produce flood insurance rate maps; This includes mapping standards and Federal Emergency Management guidelines, performance metrics and (d) Serving as a representative of a Agency milestones, map maintenance, recognized professional association or interagency and intergovernmental organization representing State [Docket ID FEMA–2014–0022] coordination, map accuracy, funding geographic information. strategies, and other mapping-related Members of the TMAC serve terms of Technical Mapping Advisory Council issues and activities. In addition, the office for up to three years. There is no April 25, 2019. TMAC is required to submit an annual application form. However, applications report to the FEMA Administrator that AGENCY: Federal Emergency must include the following information: contains: (1) A description of the Management Agency, DHS. • activities of the Council; (2) an The applicant’s full name, ACTION: Committee Management; evaluation of the status and • home and business phone numbers, Request for Applicants for Appointment performance of Flood Insurance Rate • preferred email address, to the Federal Emergency Management Maps and mapping activities to revise Agency’s Technical Mapping Advisory and update Flood Insurance Rate Maps; • home and business mailing Council. and (3) a summary of recommendations addresses, made by the Council to the FEMA • current position title and SUMMARY: The Federal Emergency Administrator. Management Agency (FEMA) is organization, Members of the TMAC will be requesting qualified individuals • resume or curriculum vitae, appointed based on their demonstrated interested in serving on the Technical • and the membership category of Mapping Advisory Council (TMAC) to knowledge and competence regarding surveying, cartography, remote sensing, interest (e.g., member of a recognized apply for appointment. The TMAC professional association or organization makes recommendations to the FEMA geographic information systems, or the technical aspects of preparing and using representing flood hazard determination Administrator on how to improve, in a firms). cost-effective manner, the accuracy, FIRMs. To the maximum extent general quality, ease of use, and practicable, FEMA will ensure that The TMAC shall meet as often as distribution and dissemination of flood membership of the TMAC has a balance needed to fulfill its mission, but not less insurance rate maps (FIRMs) and risk of Federal, State, local, Tribal, and than twice a year. Members may be data; and performance metrics and private members, and includes reimbursed for travel and per diem milestones required to effectively and geographic diversity. incurred in the performance of their efficiently map flood risk areas in the FEMA is requesting qualified duties as members of the TMAC. All United States. Applicants will be individuals who are interested in travel for TMAC business must be considered for appointment for four serving on the TMAC to apply for approved in advance by the Designated vacancies on the TMAC. appointment. Applicants will be Federal Officer. considered for appointment for four DATES: Applications will be accepted The Department of Homeland vacancies on the TMAC, the terms of until 11:59 p.m. EST on May 31st, 2019. Security (DHS) does not discriminate in which are projected to start on October employment on the basis of race, color, ADDRESSES: Applications for 1, 2019. Certain members of the TMAC, membership should be submitted by religion, sex, national origin, political as described below, will be appointed to affiliation, sexual orientation, gender one of the following methods: serve as a Special Government • Email: [email protected]. identity, marital status, disability and Employee (SGE) as defined in section genetic information, age, membership in • Mail: FEMA, Federal Insurance and 202(a) of title 18 United States Code. an employee organization, or other non- Mitigation Administration, Risk Candidates selected for appointment as merit factor. DHS strives to achieve a Management Directorate, Attn: Michael SGEs are required to complete a new widely diverse candidate pool for all its Nakagaki, 400 C Street SW, Suite 6NW– entrant Confidential Financial recruitment actions. Current DHS and 1412, Washington, DC 20472–3020. Disclosure Report (Office of Government FEMA employees will not be considered FOR FURTHER INFORMATION CONTACT: Ethics (OGE) Form 450). This report can for membership. Federally registered Michael Nakagaki (Designated Federal be obtained by visiting the website of lobbyists will not be considered for SGE Officer for the TMAC); FEMA, Federal the Office of Government Ethics (http:// appointments. Insurance and Mitigation www.oge.gov). Please do not submit this Administration, Risk Management form with your application. Qualified Michael M. Grimm, Directorate, 400 C Street SW, Suite applicants will be considered for one or Assistant Administrator for Risk 6NW–1412, Washington, DC 20472– more of the following membership Management, Department of Homeland 3020; telephone: (202) 646–3432; and categories with vacancies: Security, Federal Emergency Management email: [email protected]. The (a) Serving as an SGE as a member of Agency. TMAC website is: http://www.fema.gov/ a recognized professional engineering [FR Doc. 2019–08887 Filed 5–1–19; 8:45 am] TMAC. association or organization; BILLING CODE 9110–12–P

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DEPARTMENT OF THE INTERIOR 2019, from 5:30 to 6:30 p.m. Pacific U.S.C. 4321 et seq.), we advise the Standard Time. For information on how public of the availability of our draft Fish and Wildlife Service to participate, go to https:// environmental impact statement (DEIS), [FWS–R8–ES–2019–N012; register.gotowebinar.com/register/ which analyzes several land FXES11120800000–190–FF08E00000] 8567916169912061185. management alternatives related to the ADDRESSES: Service’s decision whether to issue an Sierra Pacific Industries Proposed Obtaining Documents: You may incidental take permit in response to the Draft Habitat Conservation Plan for obtain the documents by the following SPI application. Through this notice, we Northern and California Spotted Owl methods. also inform the public of the availability • Internet: https://www.fws.gov/ and Draft Environmental Impact of the proposed HCP. Statement; Klamath, Cascade, and sacramento/. Sierra Nevada Mountains, CA • Public libraries: Electronic copies of Background the documents will be available for AGENCY: Fish and Wildlife Service, viewing at Sacramento and Shasta Section 9 of the ESA and Federal Interior. County Libraries on their public access regulations prohibit the ‘‘take’’ of fish ACTION: Notice of availability; request computer stations. In Sacramento and wildlife species federally listed as for comments. County, the documents will be available endangered or threatened. Take of at the Sacramento Central Library, 828 federally listed fish or wildlife is SUMMARY: Sierra Pacific Industries of I St., Sacramento, CA. In Shasta County, defined under the ESA as to harass, Anderson, California (applicant), has the documents will be available at the harm, pursue, hunt, shoot, wound, kill, applied to the U.S. Fish and Wildlife Redding branch library, 1100 Parkview Service (Service) for an incidental take trap, capture, or collect listed species, or Ave., Redding, CA. attempt to engage in such conduct (16 permit under the Endangered Species Submitting Comments: You may Act (ESA). We advise the public of the U.S.C. 1538). ‘‘Harm’’ includes submit comments by one of the significant habitat modification or availability of a proposed habitat following methods. Please include your degradation that actually kills or injures conservation plan (HCP), which covers contact information. the northern spotted owl and California • Email: listed wildlife by significantly impairing spotted owl, and the draft [email protected]. essential behavioral patterns, including environmental impact statement (DEIS), • U.S. mail or hand-delivery: Kim S. breeding, feeding, and sheltering (50 for public review and comment. The Turner, Deputy Assistant Field CFR 17.3). Under limited circumstances, HCP covers forest management, species Supervisor, U.S. Fish and Wildlife we may issue permits to authorize management, and monitoring activities Service, Sacramento Fish and Wildlife incidental take that is incidental to and on commercial timberland in Amador, Office, 2800 Cottage Way, Suite 2605, not the purpose of, otherwise lawful Butte, Calaveras, El Dorado, Humboldt, Sacramento, CA 95825. activities. • Fax: 916–414–6713. Lassen, Modoc, Nevada, Placer, Plumas, The proposed incidental take permit Shasta, Sierra, Siskiyou, Tehama, FOR FURTHER INFORMATION CONTACT: Kim would cover two bird subspecies, the Trinity, Tuolumne, and Yuba Counties, S. Turner, Deputy Assistant Field northern spotted owl (Strix occidentalis California. Supervisor, by phone at 916–414–6600; caurina), which is federally listed as via the Federal Information Relay DATES: threatened, and the California spotted Service at 800–877–8339; or via U.S. Public Comments: We will receive owl (Strix occidentalis occidentalis), public comments on the HCP and DEIS mail to U.S. Fish and Wildlife Service, which is not federally listed but is until July 1, 2019. Comments received 2800 Cottage Way, Suite 2605, currently under a status review. or postmarked after this date will be Sacramento, CA 95825. considered to the extent practicable. SUPPLEMENTARY INFORMATION: Sierra The HCP proposes conservation Meetings: We will conduct two public Pacific Industries of Anderson, measures considered necessary to meetings. The meetings will provide the California (applicant), has applied to the minimize and mitigate the impacts, to public an opportunity to ask questions, U.S. Fish and Wildlife Service (Service) the maximum extent practicable, of the discuss issues with the Service for the issuance of an incidental take potential taking of federally listed regarding the DEIS, and provide written permit under section 10(a)(1)(B) of the species to be covered by the HCP. SPI comments. Endangered Species Act, as amended is seeking incidental take coverage for • May 28, 2019—Hilltop Holiday (ESA; 16 U.S.C. 1531 et seq.). The the covered activities under the HCP Inn—Buckskin Room, 1900 Hilltop applicant is requesting a permit for associated with commercial forest Drive, Redding, California, 5:30 to 7:30 incidental take of two animal subspecies management within the plan area. p.m. that may result from covered activities • May 29, 2019—Bonderson during the proposed 50-year permit. As Request for Public Comments Building—Hearing Room, 901 P Street, part of its application for incidental Because the conservation strategy Sacramento, California, 1:30 to 3:30 take, the applicant has prepared a outlined in the HCP includes proposed p.m. habitat conservation plan (HCP), which We are committed to providing access outlines proposed conservation new approaches to spotted owl to these meetings for all participants. measures. The applicant’s proposed conservation and areas of uncertainty, Please direct all requests for sign HCP area encompasses 1,566,151 acres we are particularly interested in language interpreting services, closed of commercial timberland in Amador, receiving public comments on captioning, or other accommodation Butte, Calaveras, El Dorado, Humboldt, Conservation Measures 1, 2, and 3 (HCP needs to Kim Turner, TTY 800–877– Lassen, Modoc, Nevada, Placer, Plumas, 5.2.1, 5.2.2, and 5.2.3; DEIS HCP 8339, by close of business on May 14, Shasta, Sierra, Siskiyou, Tehama, Alternative); potential impacts to NSO 2019. See FOR FURTHER INFORMATION Trinity, Tuolumne, and Yuba Counties, and CSO (HCP 5.4.5; DEIS HCP CONTACT. California. Alternative); and monitoring and Online Webinar: In addition, the Pursuant to the National adaptive management (HCP Chapter 6, Service will host a webinar on May 29, Environmental Policy Act (NEPA; 42 DEIS HCP Alternative).

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National Environmental Policy Act DEPARTMENT OF THE INTERIOR comments on this collection of Compliance information for 60 days, ending on Fish and Wildlife Service October 22, 2018 (83 FR 42524). We The DEIS analyzes three land [FWS–HQ–WSFR–2019–N018; received the following comment in management alternatives. These include FVWF94100900000–XXX–FF09W23000; response to the Federal Register notice: a ‘‘no action’’ alternative, under which FVWF51100900000–XXX–FF09W23000; Comment 1: The respondent believed the current management practices OMB Control Number 1018–0007] that the collection is necessary and the would be assumed to continue as information is processed and used in a guided by the 2018 California Forest Agency Information Collection timely manner. The respondent’s Practice Rules. The proposed action Activities; Submission to the Office of estimate of burden to complete the consists of a two-subspecies HCP and Management and Budget for Review forms is 16 to 24 hours. The respondent associated permit with a 50-year term. and Approval; Annual Certification of suggested that the Service provide Hunting and Sport Fishing Licenses One other ‘‘action’’ alternative is guidance and training to ensure accurate Issued included. The Northwest Forest Plan reporting of license sales data and that we accept submissions electronically by (NWFP)/Sierra Nevada Forest Plan AGENCY: Fish and Wildlife Service, website or email. (SNFPA) Alternative (NWFP/SNFPA Interior. Response to Comment 1: We are Alternative) proposes the development ACTION: Notice of information collection; combining the information collection of a different two-subspecies HCP that request for comment. for certification and summary would manage known and suspected SUMMARY: In accordance with the information into a single FWS Form nest stands according to the NWFP Paperwork Reduction Act of 1995, we, 3–154. We understand that some States within the range of the NSO and the the U.S. Fish and Wildlife Service may have systems in place that allow SNFPA within the range of the CSO. (Service), are proposing to renew an them to respond more quickly than Public Review information collection with revisions. others. We do allow respondents to DATES: Interested persons are invited to submit complete and signed forms by Any comments we receive will submit comments on or before June 3, email. We also anticipate being able to become part of the decision record 2019. allow States to submit annual license certifications online through the new associated with this action. Before ADDRESSES: Send written comments on Wildlife Tracking and Reporting including your address, phone number, this information collection request (ICR) Accomplishments for the Conservation email address, or other personal to the Office of Management and of Species (TRACS) web interface identifying information in your Budget’s Desk Officer for the beginning with the FY 2020 comment, you should be aware that Department of the Interior by email at certifications. We do not change the your entire comment—including your [email protected]; or via burden from the prior collection, but facsimile to (202) 395–5806. Please personal identifying information—may anticipate that increased efficiency will provide a copy of your comments to the be made publicly available at any time. be realized as data collection systems Service Information Collection While you can request in your comment improve and electronic methods are Clearance Officer, U.S. Fish and that we withhold your personal used. identifying information from public Wildlife Service, MS: BPHC, 5275 We are again soliciting comments on review, we cannot guarantee that we Leesburg Pike, Falls Church, VA 22041– _ the proposed ICR that is described will be able to do so. All submissions 3803 (mail); or by email to Info Coll@ below. We are especially interested in from organizations or businesses, and fws.gov. Please reference OMB Control public comment addressing the Number 1018–0007 in the subject line of from individuals identifying themselves following issues: (1) Is the collection your comments. as representatives or officials of necessary to the proper functions of the FOR FURTHER INFORMATION CONTACT: organizations or businesses, will be To Service; (2) will this information be request additional information about made available for public disclosure in processed and used in a timely manner; this ICR, contact Madonna L. Baucum, their entirety. (3) is the estimate of burden accurate; Service Information Collection (4) how might the Service enhance the _ Authority Clearance Officer, by email at Info quality, utility, and clarity of the [email protected], or by telephone at (703) information to be collected; and (5) how We provide this notice under section 358–2503. You may also view the ICR might the Service minimize the burden 10(c) of the ESA (16 U.S.C. 1531 et seq.) at http://www.reginfo.gov/public/do/ of this collection on the respondents, and its implementing regulations (50 PRAMain. including through the use of CFR 17.22), and NEPA (42 U.S.C. 4321 SUPPLEMENTARY INFORMATION: In information technology. et seq.) and NEPA implementing accordance with the Paperwork Comments that you submit in regulations (40 CFR 1506.6). Reduction Act of 1995, we provide the response to this notice are a matter of public record. Before including your Michael Fris, general public and other Federal agencies with an opportunity to address, phone number, email address, Assistant Regional Director, Pacific comment on new, proposed, revised, or other personal identifying Southwest Region, Sacramento, California. and continuing collections of information in your comment, you [FR Doc. 2019–08933 Filed 5–1–19; 8:45 am] information. This helps us assess the should be aware that your entire BILLING CODE 4333–15–P impact of our information collection comment—including your personal requirements and minimize the public’s identifying information—may be reporting burden. It also helps the publicly available at any time. While public understand our information you can ask us in your comment to collection requirements and provide the withhold your personal identifying requested data in the desired format. information from public review, we On August 22, 2018, we published a cannot guarantee that we will be able to Federal Register notice soliciting do so.

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Abstract: The Pittman-Robertson Islands, and American Samoa), and Before including your address, phone Wildlife Restoration Act (16 U.S.C. 669 District of Columbia. number, email address, or other et seq.) and the Dingell-Johnson Sport Total Estimated Number of Annual personal identifying information in your Fish Restoration Act (16 U.S.C. 777 et Respondents: 56. comment, you should be aware that seq., except 777e–1 and g–1) provide Total Estimated Number of Annual your entire comment—including your authority for Federal assistance to the Responses: 56. personal identifying information—may States for management and restoration Estimated Completion Time per be made publicly available at any time. of fish and wildlife. These Acts and our Response: 32 hours. While you can ask us in your comment regulations in the Code of Federal Total Estimated Number of Annual to withhold your personal identifying Regulations (CFR) at 50 CFR part 80, Burden Hours: 1,792. information from public review, we subpart D, require that States, territories, Respondent’s Obligation: Required to cannot guarantee that we will be able to and the District of Columbia annually Obtain or Retain a Benefit. do so. Frequency of Collection: Annually. Nominations submitted by State certify their hunting and fishing license Total Estimated Annual Nonhour Historic Preservation Officers: sales. States, territories, and the District Burden Cost: None. of Columbia that receive grants under An agency may not conduct or ARKANSAS these Acts use FWS Form 3–154, ‘‘State sponsor and a person is not required to Conway County Fish and Wildlife Agency Hunting and respond to a collection of information Sport Fishing License Certification’’ to unless it displays a currently valid OMB Museum of Automobiles, 8 Jones Ln., Winrock vicinity, SG100003990 certify the number of hunting and control number. fishing licenses sold. We use the The authority for this action is the Craighead County information collected to apportion and Paperwork Reduction Act of 1995 (44 Jonesboro U.S. Post Office and Courthouse, distribute funds according to the U.S.C. 3501 et seq.). 524 S. Church St., Jonesboro, SG100003987 formula specified in each Act. The Act is supported by regulations at 50 CFR Dated: April 29, 2019. Crawford County 80.31 that require States to respond to Madonna Baucum, Our Lady of the Ozarks Shrine, 22741 US 71, the Service’s request for hunting and Information Collection Clearance Officer, U.S. Winslow vicinity, SG100003993 Fish and Wildlife Service. fishing license information by certifying Desha County [FR Doc. 2019–08934 Filed 5–1–19; 8:45 am] the information in the format that the Pickens, R.A., II, House, 1 Pickens Pl., BILLING CODE 4333–15–P Director specifies and providing Pickens, SG100003992 documentation to support the accuracy of this information. The Service requests Lonoke County the total number of unique hunting and DEPARTMENT OF THE INTERIOR Morris House, 16284 AR 89, Lonoke, SG100004000 fishing license holders as well as the National Park Service number of resident and non-resident Phillips County hunting and fishing licenses sold and [NPS–WASO–NRNHL–DTS#-27759; PPWOCRADI0, PCU00RP14.R50000] Temple Beth El Cemetery, NW of intersection associated costs. The methodology of Mable St. & Holly St./Sterling Rd., under the rule published at 76 FR 46150 National Register of Historic Places; Helena, SG100003984 (August 1, 2011) requires that States Notification of Pending Nominations calculate net revenue to determine if an Pope County and Related Actions individual can be counted as a license Norwood, William H., House, 1602 W. Main holder. AGENCY: National Park Service, Interior. St., Russellville, SG100003988 With this renewal request, we are ACTION: Notice. Pulaski County eliminating using two separate forms for National Old Line Insurance Company this collection and combining all SUMMARY: The National Park Service is Building, 501 Woodlane St., Little Rock, information to be collected into a single soliciting comments on the significance SG100003985 FWS Form 3–154. We made minor of properties nominated before April 20, Arkansas Territorial Restoration Historic updates to Form 3–154 to improve 2019, for listing or related actions in the District, W. side of Cumberland between functionality and reported data clarity. National Register of Historic Places. 2nd & 3rd Sts., Little Rock, SG100003998 These changes do not increase the DATES: Comments should be submitted Empire Life Insurance Company of America reporting burden and are expected to by May 17, 2019. Building, 2801 W. Roosevelt Rd., Little Rock, SG100004002 improve efficiency. The changes made ADDRESSES: Comments may be sent via in combining the forms and improving U.S. Postal Service and all other carriers Randolph County reporting by giving electronic to the National Register of Historic Yadkin Church, W. side of Upper James alternatives will potentially, over time, Places, National Park Service, 1849 C St. Creek Rd. approx. 1 mi. N. of jct. with reduce the public reporting burden for NW, MS 7228, Washington, DC 20240. Lower James Creek Rd., Ravenden Springs vicinity, SG100004003 this collection. SUPPLEMENTARY INFORMATION: The Title of Collection: Annual properties listed in this notice are being Washington County Certification of Hunting and Sport considered for listing or related actions Ellis Building, 208 N. Block Ave., Fishing Licenses Issued, 50 CFR 80, in the National Register of Historic Fayetteville, SG100003982 Subpart D. Places. Nominations for their Muxen Building, 22733 N. US 71, Winslow OMB Control Number: 1018–0007. consideration were received by the vicinity, SG100003986 Form Number: Form 3–154. National Park Service before April 20, Johnson, Benjamin Franklin, II, Homestead Type of Review: Revision of a 2019. Pursuant to Section 60.13 of 36 District, 3150 W. Pear Ln., Fayetteville, currently approved collection. CFR part 60, written comments are SG100003989 Respondents/Affected Public: States, being accepted concerning the White County territories (Commonwealth of Puerto significance of the nominated properties Mount Olive-Bedford Chapel Cemetery, SW Rico, Commonwealth of the Northern under the National Register criteria for of the intersection of Nix & Manning Rds., Mariana Islands, Guam, U.S. Virgin evaluation. Mt. Vernon vicinity, SG100003997

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IOWA ARKANSAS Executive Secretary, Committee for the Des Moines County Benton County Preservation of the White House, 1849 C Street NW, Room #1426, Washington, Prairie Grove School, 13598 Beaverdale Rd., Rogers Commercial Historic District W. Burlington vicinity, SG100003973 (Boundary Increase), (Benton County DC 20240, by telephone (202) 219–0322, MRA), Roughly bounded by Walnut, First, or by email ncr_whho_superintendent@ KENTUCKY Poplar and Second Sts., Rogers, nps.gov. Woodford County AD93001028 SUPPLEMENTARY INFORMATION: The Heartland, 1470 Clifton Rd., Versailles Garland County Committee for the Preservation of the vicinity, SG100004004 Hot Springs Central Avenue Historic District, White House (Committee) has been MISSOURI Central Ave., from Prospect to Park Sts., established in accordance with Hot Springs, AD85001370 St. Louis Independent City Executive Order No. 11145, 3 CFR 184 Pulaski County (1964–1965), as amended. The Columbia Oil Company, 3419 Papin St., St. Louis, SG100004006 Porter, Lamar, Athletic Field, Jct. of Johnson Committee reports to the President of and 7th Sts., Little Rock, AD90001827 the United States and advises the TEXAS Sebastian County Director of the NPS with respect to the Comal County discharge of responsibilities for the West Garrison Avenue Historic District, Comal Springs, (El Camino Real de los Tejas 100—525 Garrison Ave., Fort Smith, preservation and interpretation of the National Historic Trail MPS), Address AD79000464 museum aspects of the White House Restricted, New Braunfels, MP100003970 pursuant to the Act of September 22, KANSAS Houston County 1961 (Pub. L. 87–286, 75 Stat. 586). Doniphan County Swale at Mission Tejas State Park, (El Purpose of the Meeting: Agenda will Camino Real de los Tejas National Historic Kinkead, George, Barn, (Byre and Bluff Barns include policies, goals, and long-range Trail MPS), Address Restricted, Grapeland of Doniphan County TR), Off US 36, Troy, plans. If you plan to attend this meeting, AD86003542 vicinity, MP100003971 you must register by close of business Travis County WISCONSIN on May 16, 2019. Please contact the _ Richland County Executive Secretary via email ncr Onion Creek Crossing at McKinney Falls, (El _ Camino Real de los Tejas National Historic A. D. German Wholesale Company and whho [email protected] or phone Trail MPS), McKinney Falls State Park, Warehouse, Additional Documentation, (202) 219–0322 to register. Space is 5808 McKinney Falls Pkwy, Austin, 177 E Haseltine St., 316 S Church St., limited and requests will be MP100003972 Richland Center, AD74000122 accommodated in the order they are VIRGINIA Authority: Section 60.13 of 36 CFR part 60. received. The meeting will be open, but subject to security clearance Dated: April 23, 2019. Alexandria Independent City requirements. The Executive Secretary Kathryn G. Smith, Swann—Daingerfield House, 712 Prince St., will contact you directly with the Alexandria, SG100003979 Acting Chief, National Register of Historic security clearance requirements. Places/National Historic Landmarks Program. Mecklenburg County Inquiries may be made by calling the [FR Doc. 2019–08923 Filed 5–1–19; 8:45 am] Whittle’s Mill Dam, 1793 Bridge Rd., South Executive Secretary between 9:00 a.m. BILLING CODE 4312–52–P Hill, SG100003980 and 4:00 p.m. weekdays at (202) 219– Portsmouth Independent City 0322. Written comments may be sent to the Executive Secretary, Committee for Abigarlos, 3321 Carney Farm Ln., DEPARTMENT OF THE INTERIOR Portsmouth, SG100003975 the Preservation of the White House, National Park Service 1849 C Street NW, Room #1426, Richmond Independent City [NPS–NCR–WHHO–WHHOA1–27768; Washington, DC 20240. All written Deep Run Hunt Club Rosedale Lodge, 1900 PPNCWHHOA1; PPMPSPD1Z.YM0000] comments received will be provided to Avondale Ave., Richmond, SG100003977 the Committee. Rockingham County Committee for the Preservation of the Public Disclosure of Comments: Silver Lake Historic District, Silver Lake Rd. White House Notice of Public Meeting Before including your address, phone (VA 701), Linhoss Rd. (VA 735), Dayton, AGENCY: National Park Service, Interior. number, email address, or other SG100003978 ACTION: Meeting notice. personal identifying information in your A request to move has been received written comments, you should be aware SUMMARY: In accordance with the for the following resources: that your entire comment—including Federal Advisory Committee Act of your personal identifying information— ARKANSAS 1972, the National Park Service (NPS) is may be made publicly available at any Columbia County hereby giving notice that the Committee time. While you can ask us in your for the Preservation of the White House comment to withhold your personal Old Alexander House, NE of Magnolia, will meet as indicated below. Magnolia vicinity, MV79000435 identifying information from public DATES: The meeting will take place on Jackson County review, we cannot guarantee that we Monday, May 20, 2019. The meeting will be able to do so. Jackson Guards Memorial, (Civil War will begin at 10:00 a.m. and end at 11:30 Commemorative Sculpture MPS), a.m. (Eastern). Authority: 5 U.S.C. Appendix 2. Jacksonport State Park, jct. of Washington ADDRESSES: The meeting will be held at and Avenue Sts., Jacksonport, Alma Ripps, MV96000465 the White House, 1600 Pennsylvania Chief, Office of Policy. Avenue NW, Washington, DC 20500. [FR Doc. 2019–08987 Filed 5–1–19; 8:45 am] Additional documentation has been FOR FURTHER INFORMATION CONTACT: received for the following resources: Comments may be provided to: BILLING CODE 4312–52–P

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INTERNATIONAL TRADE importation of certain female fashion (v) Explain how the requested COMMISSION dresses, jumpsuits, maxi skirts & remedial orders would impact United accoutrements. The complaint names as States consumers. Notice of Receipt of Complaint; respondents: Amazon.com Inc of Written submissions on the public Solicitation of Comments Relating to Seattle, WA; Xunyun of China; and interest must be filed no later than by the Public Interest Jianzhang Liao of China. The amended close of business, eight calendar days after the date of publication of this AGENCY: U.S. International Trade complaint alleges unfair acts in the notice in the Federal Register. There Commission. importation of counterfeit items sold using the complainant’s trademarks and will be further opportunities for ACTION: Notice. copyrighted images, intentionally comment on the public interest after the SUMMARY: Notice is hereby given that confusing consumers by creating the issuance of any final initial the U.S. International Trade false illusion that the seller is the determination in this investigation. Any Commission has received an amended complainant or a licensee of the written submissions on other issues complaint entitled Certain Female complainant. The copyrights at issue are should be filed no later than by close of Fashion Dresses, Jumpsuits, Maxi Skirts Copyright Nos. VA 2–108–901; VA–2– business nine calendar days after the & Accoutrements, DN 3375; the 109–060; VA 2–109–057; VA 2–109– date of publication of this notice in the Commission is soliciting comments on 056; VA 2–109–050; VA 2–109–048; VA Federal Register. Complainant may file any public interest issues raised by the 1–321–380; VA 2–108–569; and VA 2– a reply to any written submission no complaint or complainant’s filing 122–184. The trademarks at issue are later than the date on which pursuant to the Commission’s Rules of FKSP FOLAKE STYLE PANTRY Reg. complainant’s reply would be due Practice and Procedure. No. 5,608,468 and STYLE PANTRY Reg. under § 210.8(c)(2) of the Commission’s FOR FURTHER INFORMATION CONTACT: Lisa No. 5,650,591. The complainant Rules of Practice and Procedure (19 CFR R. Barton, Secretary to the Commission, requests that the Commission issue a 210.8(c)(2)). U.S. International Trade Commission, general exclusion order, issue cease and Persons filing written submissions 500 E Street SW, Washington, DC desist orders and impose a bond during must file the original document 20436, telephone (202) 205–2000. The the 60-day review period pursuant to 19 electronically on or before the deadlines public version of the complaint can be U.S.C. 1337(j). stated above and submit 8 true paper accessed on the Commission’s Proposed respondents, other copies to the Office of the Secretary by Electronic Document Information interested parties, and members of the noon the next day pursuant to § 210.4(f) System (EDIS) at https://edis.usitc.gov, public are invited to file comments, not of the Commission’s Rules of Practice and will be available for inspection to exceed five (5) pages in length, and Procedure (19 CFR 210.4(f)). during official business hours (8:45 a.m. inclusive of attachments, on any public Submissions should refer to the docket to 5:15 p.m.) in the Office of the interest issues raised by the complaint number (‘‘Docket No. 3375’’) in a Secretary, U.S. International Trade or § 210.8(b) filing. Comments should prominent place on the cover page and/ Commission, 500 E Street SW, address whether issuance of the relief or the first page. (See Handbook for specifically requested by the Electronic Filing Procedures, Electronic Washington, DC 20436, telephone (202) 1 205–2000. complainant in this investigation would Filing Procedures ). Persons with General information concerning the affect the public health and welfare in questions regarding filing should Commission may also be obtained by the United States, competitive contact the Secretary (202–205–2000). accessing its internet server at United conditions in the United States Any person desiring to submit a States International Trade Commission economy, the production of like or document to the Commission in (USITC) at https://www.usitc.gov. The directly competitive articles in the confidence must request confidential public record for this investigation may United States, or United States treatment. All such requests should be be viewed on the Commission’s consumers. directed to the Secretary to the Electronic Document Information In particular, the Commission is Commission and must include a full System (EDIS) at https://edis.usitc.gov. interested in comments that: statement of the reasons why the Commission should grant such Hearing-impaired persons are advised (i) Explain how the articles treatment. See 19 CFR 201.6. Documents that information on this matter can be potentially subject to the requested for which confidential treatment by the obtained by contacting the remedial orders are used in the United Commission is properly sought will be Commission’s TDD terminal on (202) States; treated accordingly. All such requests 205–1810. (ii) Identify any public health, safety, should be directed to the Secretary to SUPPLEMENTARY INFORMATION: or welfare concerns in the United States The the Commission and must include a full relating to the requested remedial Commission has received an amended statement of the reasons why the orders; complaint and a submission pursuant to Commission should grant such (iii) Identify like or directly § 210.8(b) of the Commission’s Rules of treatment. See 19 CFR 201.6. Documents competitive articles that complainant, Practice and Procedure filed on behalf for which confidential treatment by the its licensees, or third parties make in the of Style Pantry LLC on April 24, 2019. Commission is properly sought will be United States which could replace the The original complaint was filed on treated accordingly. All information, subject articles if they were to be March 20, 2019 and a notice of receipt including confidential business excluded; of complaint; solicitation of comments information and documents for which (iv) Indicate whether complainant, relating to the public interest was confidential treatment is properly complainant’s licensees, and/or third published in the Federal Register on sought, submitted to the Commission for party suppliers have the capacity to March 26, 2019. The amended purposes of this Investigation may be replace the volume of articles complaint alleges violations of section disclosed to and used: (i) By the 337 of the Tariff Act of 1930 (19 U.S.C. potentially subject to the requested 1337) in the importation into the United exclusion order and/or a cease and 1 Handbook for Electronic Filing Procedures: States, the sale for importation, and the desist order within a commercially https://www.usitc.gov/documents/handbook_on_ sale within the United States after reasonable time; and filing_procedures.pdf.

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Commission, its employees and Offices, to 5:15 p.m.) in the Office of the (i) Explain how the articles and contract personnel (a) for Secretary, U.S. International Trade potentially subject to the requested developing or maintaining the records Commission, 500 E Street SW, remedial orders are used in the United of this or a related proceeding, or (b) in Washington, DC 20436, telephone (202) States; internal investigations, audits, reviews, 205–2000. (ii) identify any public health, safety, and evaluations relating to the General information concerning the or welfare concerns in the United States programs, personnel, and operations of Commission may also be obtained by relating to the requested remedial the Commission including under 5 accessing its internet server at United orders; U.S.C. Appendix 3; or (ii) by U.S. States International Trade Commission (iii) identify like or directly government employees and contract (USITC) at https://www.usitc.gov. The competitive articles that complainant, personnel,2 solely for cybersecurity public record for this investigation may its licensees, or third parties make in the purposes. All nonconfidential written be viewed on the Commission’s United States which could replace the submissions will be available for public Electronic Document Information subject articles if they were to be inspection at the Office of the Secretary System (EDIS) at https://edis.usitc.gov. excluded; and on EDIS.3 Hearing-impaired persons are advised (iv) indicate whether complainant, This action is taken under the that information on this matter can be complainant’s licensees, and/or third authority of section 337 of the Tariff Act obtained by contacting the party suppliers have the capacity to of 1930, as amended (19 U.S.C. 1337), Commission’s TDD terminal on (202) replace the volume of articles and of §§ 201.10 and 210.8(c) of the 205–1810. potentially subject to the requested Commission’s Rules of Practice and SUPPLEMENTARY INFORMATION: The exclusion order and/or a cease and Procedure (19 CFR 201.10, 210.8(c)). Commission has received a complaint desist order within a commercially By order of the Commission. and a submission pursuant to § 210.8(b) reasonable time; and (v) explain how the requested Issued: April 26, 2019. of the Commission’s Rules of Practice remedial orders would impact United William Bishop, and Procedure filed on behalf of Rovi Corporation and Rovi Guides, Inc. on States consumers. Supervisory Hearings and Information Written submissions on the public April 26, 2019. The complaint alleges Officer. interest must be filed no later than by violations of section 337 of the Tariff [FR Doc. 2019–08927 Filed 5–1–19; 8:45 am] close of business, eight calendar days Act of 1930 (19 U.S.C. 1337) in the BILLING CODE 7020–02–P after the date of publication of this importation into the United States, the notice in the Federal Register. There sale for importation, and the sale within will be further opportunities for the United States after importation of INTERNATIONAL TRADE comment on the public interest after the certain digital video receivers, COMMISSION issuance of any final initial broadband gateways, and related determination in this investigation. Any Notice of Receipt of Complaint; hardware and software components. written submissions on other issues Solicitation of Comments Relating to The complaint names as respondents: should be filed no later than by close of the Public Interest Comcast Corporation of Philadelphia, business nine calendar days after the PA; Comcast Cable Communications, AGENCY: U.S. International Trade date of publication of this notice in the LLC of Philadelphia, PA; Comcast Cable Commission. Federal Register. Complainant may file Communications Management, LLC of ACTION a reply to any written submission no : Notice. Philadelphia, PA; and Comcast later than the date on which Holdings Corporation of Philadelphia, SUMMARY: Notice is hereby given that complainant’s reply would be due PA. The complainant requests that the the U.S. International Trade under § 210.8(c)(2) of the Commission’s Commission issue a general exclusion Commission has received a complaint Rules of Practice and Procedure (19 CFR order, or in the alternative, a limited entitled Certain Digital Video Receivers, 210.8(c)(2)). exclusion order, cease and desist orders, Broadband Gateways, and Related Persons filing written submissions and a bond upon respondents’ alleged Hardware and Software Components, must file the original document infringing articles during the 60-day DN 3382; the Commission is soliciting electronically on or before the deadlines Presidential review period pursuant to comments on any public interest issues stated above and submit 8 true paper 19 U.S.C. 1337(j). raised by the complaint or copies to the Office of the Secretary by Proposed respondents, other complainant’s filing pursuant to the noon the next day pursuant to § 210.4(f) interested parties, and members of the Commission’s Rules of Practice and of the Commission’s Rules of Practice public are invited to file comments, not Procedure. and Procedure (19 CFR 210.4(f)). to exceed five (5) pages in length, FOR FURTHER INFORMATION CONTACT: Submissions should refer to the docket Lisa inclusive of attachments, on any public number (‘‘Docket No. 3382’’) in a R. Barton, Secretary to the Commission, interest issues raised by the complaint prominent place on the cover page and/ U.S. International Trade Commission, or § 210.8(b) filing. Comments should or the first page. (See Handbook for 500 E Street SW, Washington, DC address whether issuance of the relief Electronic Filing Procedures, Electronic 20436, telephone (202) 205–2000. The specifically requested by the Filing Procedures 1). Persons with public version of the complaint can be complainant in this investigation would questions regarding filing should accessed on the Commission’s affect the public health and welfare in contact the Secretary (202–205–2000). Electronic Document Information the United States, competitive Any person desiring to submit a System (EDIS) at https://edis.usitc.gov, conditions in the United States document to the Commission in and will be available for inspection economy, the production of like or confidence must request confidential during official business hours (8:45 a.m. directly competitive articles in the treatment. All such requests should be United States, or United States 2 All contract personnel will sign appropriate nondisclosure agreements. consumers. 1 Handbook for Electronic Filing Procedures: 3 Electronic Document Information System In particular, the Commission is https://www.usitc.gov/documents/handbook_on_ (EDIS): https://edis.usitc.gov. interested in comments that: filing_procedures.pdf.

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directed to the Secretary to the in the United States is materially configuration, though the stud-piloted Commission and must include a full injured or threatened with material configuration is most common in the statement of the reasons why the injury, or the establishment of an size range covered. Commission should grant such industry in the United States is All on-the-road wheels sold in the treatment. See 19 CFR 201.6. Documents materially retarded, by reason of United States must meet Standard 110 for which confidential treatment by the imports of steel trailer wheels from or 120 of the National Highway Traffic Commission is properly sought will be China, provided for in subheading Safety Administration’s (NHTSA) treated accordingly. All information, 8716.90.50 of the Harmonized Tariff Federal Motor Vehicle Safety Standards, including confidential business Schedule of the United States, which requires a rim marking, such as information and documents for which preliminarily determined by the the ‘‘DOT’’ symbol, indicating confidential treatment is properly Department of Commerce (‘‘Commerce’’) compliance with applicable motor sought, submitted to the Commission for to be subsidized and sold at less-than- vehicle standards. See 49 CFR 571.110 purposes of this Investigation may be fair-value. and 571.120. The scope includes certain disclosed to and used: (i) By the DATES: April 15, 2019. on-the-road steel wheels imported with Commission, its employees and Offices, FOR FURTHER INFORMATION CONTACT: or without NHTSA’s required markings. and contract personnel (a) for Jordan Harriman ((202) 205–2610), Certain on-the-road steel wheels developing or maintaining the records Office of Investigations, U.S. imported as an assembly with a tire of this or a related proceeding, or (b) in International Trade Commission, 500 E mounted on the wheel and/or with a internal investigations, audits, reviews, Street SW, Washington, DC 20436. valve stem or rims imported as an and evaluations relating to the Hearing-impaired persons can obtain assembly with a tire mounted on the rim programs, personnel, and operations of information on this matter by contacting and/or with a valve stem are included the Commission including under 5 the Commission’s TDD terminal on 202– in the scope of this investigation. U.S.C. Appendix 3; or (ii) by U.S. 205–1810. Persons with mobility However, if the steel wheels or rims are government employees and contract impairments who will need special imported as an assembly with a tire personnel,2 solely for cybersecurity assistance in gaining access to the mounted on the wheel or rim and/or purposes. All nonconfidential written Commission should contact the Office with a valve stem attached, the tire and/ submissions will be available for public of the Secretary at 202–205–2000. or valve stem is not covered by the inspection at the Office of the Secretary General information concerning the scope. 3 The scope includes rims, discs, and and on EDIS. Commission may also be obtained by wheels that have been further processed This action is taken under the accessing its internet server (https:// in a third country, including, but not authority of section 337 of the Tariff Act www.usitc.gov). The public record for limited to, the painting of wheels from of 1930, as amended (19 U.S.C. 1337), these investigations may be viewed on China and the welding and painting of and of §§ 201.10 and 210.8(c) of the the Commission’s electronic docket rims and discs from China to form a Commission’s Rules of Practice and (EDIS) at https://edis.usitc.gov. Procedure (19 CFR 201.10, 210.8(c)). steel wheel, or any other processing that SUPPLEMENTARY INFORMATION: would not otherwise remove the By order of the Commission. Scope.—For purposes of these merchandise from the scope of the Issued: April 26, 2019. investigations, Commerce has defined investigations if performed in China. the subject merchandise as ‘‘certain on- Lisa Barton, Excluded from this scope are the the-road steel wheels, discs, and rims Secretary to the Commission. following: [FR Doc. 2019–08896 Filed 5–1–19; 8:45 am] for tubeless tires with a nominal wheel (1) Steel wheels for use with tube-type BILLING CODE 7020–02–P diameter of 12 inches to 16.5 inches, tires; such tires use multi piece rims, regardless of width. Certain on-the-road which are two-piece and three-piece steel wheels with a nominal wheel assemblies and require the use of an INTERNATIONAL TRADE diameter of 12 inches to 16.5 inches inner tube; COMMISSION within the scope are generally for road (2) aluminum wheels; and highway trailers and other towable [Investigation Nos. 701–TA–609 and 731– (3) certain on-the-road steel wheels TA–1421 (Final)] equipment, including, inter alia, utility that are coated entirely with chrome; trailers, cargo trailers, horse trailers, (4) steel wheels that do not meet Steel Trailer Wheels From China; boat trailers, recreational trailers, and Standard 110 or 120 of the NHTSA’s Scheduling of the Final Phase of towable mobile homes. The standard requirements other than the rim Countervailing Duty and Antidumping widths of certain on-the-road steel marking requirements found in 49 CFR Duty Investigations wheels are 4 inches, 4.5 inches, 5 571.110S4.4.2 and 571.120S5.2; inches, 5.5 inches, 6 inches, and 6.5 (5) steel wheels that meet the AGENCY: United States International inches, but all certain on-the-road steel following specifications: Steel wheels Trade Commission. wheels, regardless of width, are covered with a nominal wheel diameter ranging ACTION: Notice. by the scope. from 15 inches to 16. 5 inches, with a The scope includes rims and discs for SUMMARY: The Commission hereby gives rim width of 8 inches or greater, and a certain on-the-road steel wheels, wheel backspacing ranging from 3. 75 notice of the scheduling of the final whether imported as an assembly, phase of antidumping and inches to 5.5 inches; and unassembled, or separately. The scope (6) steel wheels with wire spokes. countervailing duty investigation Nos. includes certain on-the-road steel Certain on-the-road steel wheels 701–TA–609 and 731–TA–1421 (Final) wheels regardless of steel composition, subject to this investigation are properly pursuant to the Tariff Act of 1930 (‘‘the whether cladded or not cladded, classifiable under the following category Act’’) to determine whether an industry whether finished or not finished, and of the Harmonized Tariff Schedule of whether coated or uncoated. The scope the United States (HTSUS): 2 All contract personnel will sign appropriate nondisclosure agreements. also includes certain on-the-road steel 8716.90.5035 which covers the exact 3 Electronic Document Information System wheels with discs in either a ‘‘hub- product covered by the scope whether (EDIS): https://edis.usitc.gov. piloted’’ or ‘‘stud-piloted’’ mounting entered as an assembled wheel or in

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components. Certain on-the-road steel investigations available to authorized the subject of the investigations, wheels entered with a tire mounted on applicants under the APO issued in the including statements of support or them may be entered under HTSUS investigations, provided that the opposition to the petition, on or before 8716.90.5059 (Trailers and semi-trailers; application is made no later than 21 July 10, 2019. On July 25, 2019, the other vehicles, not mechanically days prior to the hearing date specified Commission will make available to propelled, parts, wheels, other, wheels in this notice. Authorized applicants parties all information on which they with other tires) (a category that will be must represent interested parties, as have not had an opportunity to broader than what is covered by the defined by 19 U.S.C. 1677(9), who are comment. Parties may submit final scope). While the HTSUS subheadings parties to the investigations. A party comments on this information on or are provided for convenience and granted access to BPI in the preliminary before July 29, 2019, but such final customs purposes, the written phase of the investigations need not comments must not contain new factual description of the subject merchandise reapply for such access. A separate information and must otherwise comply is dispositive.’’ service list will be maintained by the with section 207.30 of the Commission’s Background.—The final phase of Secretary for those parties authorized to rules. All written submissions must these investigations is being scheduled receive BPI under the APO. conform with the provisions of section pursuant to sections 705(b) and 731(b) Staff report.—The prehearing staff 201.8 of the Commission’s rules; any of the Tariff Act of 1930 (19 U.S.C. report in the final phase of these submissions that contain BPI must also 1671d(b) and 1673d(b)), as a result of investigations will be placed in the conform with the requirements of affirmative preliminary determinations nonpublic record on June 21, 2019, and sections 201.6, 207.3, and 207.7 of the by Commerce that certain benefits a public version will be issued Commission’s rules. The Commission’s which constitute subsidies within the thereafter, pursuant to section 207.22 of Handbook on E-Filing, available on the meaning of section 703 of the Act (19 the Commission’s rules. Commission’s website at https:// U.S.C. 1671b) are being provided to Hearing.—The Commission will hold www.usitc.gov/documents/handbook_ manufacturers, producers, or exporters a hearing in connection with the final on_filing_procedures.pdf, elaborates in China of steel trailer wheels, and that phase of these investigations beginning upon the Commission’s rules with such products are being sold in the at 9:30 a.m. on Tuesday, July 9, 2019, respect to electronic filing. United States at less than fair value at the U.S. International Trade Additional written submissions to the within the meaning of section 733 of the Commission Building. Requests to Commission, including requests Act (19 U.S.C. 1673b). The appear at the hearing should be filed in pursuant to section 201.12 of the investigations were requested in writing with the Secretary to the Commission’s rules, shall not be petitions filed on August 8, 2018, by Commission on or before June 27, 2019. accepted unless good cause is shown for Dexstar Wheel, Elkhart, Indiana. A nonparty who has testimony that may accepting such submissions, or unless For further information concerning aid the Commission’s deliberations may the submission is pursuant to a specific the conduct of this phase of the request permission to present a short request by a Commissioner or investigations, hearing procedures, and statement at the hearing. All parties and Commission staff. rules of general application, consult the nonparties desiring to appear at the In accordance with sections 201.16(c) Commission’s Rules of Practice and hearing and make oral presentations and 207.3 of the Commission’s rules, Procedure, part 201, subparts A and B should participate in a prehearing each document filed by a party to the (19 CFR part 201), and part 207, conference to be held on July 2, 2019, investigations must be served on all subparts A and C (19 CFR part 207). at the U.S. International Trade other parties to the investigations (as Participation in the investigations and Commission Building, if deemed identified by either the public or BPI public service list.—Persons, including necessary. Oral testimony and written service list), and a certificate of service industrial users of the subject materials to be submitted at the public must be timely filed. The Secretary will merchandise and, if the merchandise is hearing are governed by sections not accept a document for filing without sold at the retail level, representative 201.6(b)(2), 201.13(f), and 207.24 of the a certificate of service. consumer organizations, wishing to Commission’s rules. Parties must submit Authority: These investigations are being participate in the final phase of these any request to present a portion of their conducted under authority of title VII of the investigations as parties must file an hearing testimony in camera no later Tariff Act of 1930; this notice is published entry of appearance with the Secretary than 7 business days prior to the date of pursuant to section 207.21 of the to the Commission, as provided in the hearing. Commission’s rules. section 201.11 of the Commission’s Written submissions.—Each party By order of the Commission. rules, no later than 21 days prior to the who is an interested party shall submit Issued: April 26, 2019. hearing date specified in this notice. A a prehearing brief to the Commission. Lisa Barton, party that filed a notice of appearance Prehearing briefs must conform with the during the preliminary phase of the provisions of section 207.23 of the Secretary to the Commission. investigations need not file an Commission’s rules; the deadline for [FR Doc. 2019–08899 Filed 5–1–19; 8:45 am] additional notice of appearance during filing is June 28, 2019. Parties may also BILLING CODE 7020–02–P this final phase. The Secretary will file written testimony in connection maintain a public service list containing with their presentation at the hearing, as the names and addresses of all persons, provided in section 207.24 of the DEPARTMENT OF JUSTICE or their representatives, who are parties Commission’s rules, and posthearing to the investigations. briefs, which must conform with the Antitrust Division Limited disclosure of business provisions of section 207.25 of the Notice Pursuant to the National proprietary information (BPI) under an Commission’s rules. The deadline for Cooperative Research and Production administrative protective order (APO) filing posthearing briefs is July 15, 2019. Act of 1993—National Shipbuilding and BPI service list.—Pursuant to In addition, any person who has not Research Program section 207.7(a) of the Commission’s entered an appearance as a party to the rules, the Secretary will make BPI investigations may submit a written Notice is hereby given that, on March gathered in the final phase of these statement of information pertinent to 19, 2019, pursuant to Section 6(a) of the

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National Cooperative Research and Raleigh, NC; Initiate Government Trauma Institute dba Coalition for Production Act of 1993, 15 U.S.C. 4301 Solutions, LLC, North Palm Beach, FL; National Trauma Research, Marietta, et seq. (‘‘the Act’’), National 7–SIGMA Incorporated, Minneapolis, TX; East Carolina University, Shipbuilding Research Program MN; MAE Group, Deerfield, NH; Radical Greenville, NC; EyeSonix LLC, Long (‘‘NSRP’’) has filed written notifications Concepts LLC, Brooklyn, NY; Next Beach, CA; ElMindA Ltd., Herzliya, simultaneously with the Attorney Generation Stretcher Ltd, Raman gan, ISRAEL; Propagenix Inc., Rockville, General and the Federal Trade Israel; Pop Test Oncology LLC aka MD; Studio Kinection, Inc. dba Commission disclosing changes in its Palisades Therapeutics, Cliffside Park, Kinection, Napa, CA; The Ohio State membership. The notifications were NJ; George Mason University, Manassas, University, Columbus, OH; Elemance, filed for the purpose of extending the VA; Phagelux (Canada) Inc., Montre´al, LLC, Clemmons, NC; J. Craig Venter Act’s provisions limiting the recovery of CANADA; MY01 Inc., Montreal, Institute (JCVI), Rockville, MD; antitrust plaintiffs to actual damages CANADA; MilanaPharm, LLC, LambdaVision Incorporated, under specified circumstances. Tallassee, AL; Leidos, Inc., Reston, VA; Farmington, CT; Michigan State Specifically, Vigor Marine LLC, Seattle, InfraScan, Inc., Philadelphia, PA; University, East Lansing, MI; Corvid WA, has been added as a party to this NuShores Biosciences LLC, Little Rock, Technologies, Mooresville, NC; Spire, venture. AR; Seran Bioscience, Bend, OR; San Francisco, CA; United Solutions, No other changes have been made in Celularity, Warren, NJ; Droper Med LLC, Rockville, MD; Aleo BME, Inc., either the membership or planned America, LLC, Elgin, SC; tesa Labtec State College, PA; Cell Guidance activity of the group research project. GmbH, Langenfeld, GERMANY; Bio Systems Ltd, Cambridge, UK; Cole Membership in this group research Med Sciences, Inc., Allentown, PA; Engineering Services, Inc., Orlando, FL; project remains open, and NSRP intends Uluru Inc., Addison, TX; Trailhead FlexDex, Inc., Brighton, MI; Fortuna Fix, to file additional written notifications Biosystems Inc., Cleveland, OH; 410 London, UK; Hypatia Project, Reston, disclosing all changes in membership. Medical, Inc., Durham, NC; Knowledge VA; and MiMedx Group Inc., Marietta, On March 13, 1998, NSRP filed its Driven LLC, Alexandria, VA; Arsenal GA; have withdrawn as parties to this original notification pursuant to Section Medical, Inc., Watertown, MA; venture. 6(a) of the Act. The Department of University of North Carolina, Institute No other changes have been made in Justice published a notice in the Federal for Trauma Recovery, Chapel Hill, NC; either the membership or planned Register pursuant to Section 6(b) of the Prep Tech, LLC, Westlake, LA; 21 activity of the group research project. Act on January 29, 1999 (64 FR 4708). MedTech, LLC, Burlington, NC; Membership in this group research The last notification was filed with Integrum Scientific, LLC, Greensboro, project remains open, and MTEC the Department on January 16, 2019. A NC; HYPR Life Sciences, Inc., Pilot intends to file additional written notice was published in the Federal Mountain, NC; X-Therma Inc., notifications disclosing all changes in Register pursuant to Section 6(b) of the Richmond, CA; VoluMetrix LLC, membership. Act on February 12, 2019 (84 FR 3492). Nashville, TN; Howmedica Osteonics On May 9, 2014 MTEC filed its Suzanne Morris, Corp. dba Stryker Orthopaedics, original notification pursuant to Section Chief, Premerger and Division Statistics Unit, Mahwah, NJ; NeuEsse Inc., Dunbar, PA; 6(a) of the Act. The Department of Antitrust Division. The Geneva Foundation, Tacoma, WA; Justice published a notice in the Federal [FR Doc. 2019–08995 Filed 5–1–19; 8:45 am] Scinus Cell Expansion B.V., Bilthoven, Register pursuant to Section 6(b) of the BILLING CODE 4410–11–P THE NETHERLANDS; Akron Act on June 9, 2014 (79 FR 32999). Biotechnology, LLC, Boca Raton, FL; The last notification was filed with RoosterBio Inc., Frederick, MD; the Department on January 28, 2019. A DEPARTMENT OF JUSTICE Aptitude Medical Systems, Santa notice was published in the Federal Barbara, CA; Rho Federal Systems Register pursuant to Section 6(b) of the Antitrust Division Division, Inc. (RhoFED), Chapel Hill, Act on February 28, 2019 (84 FR 6824). Notice Pursuant to the National NC; HeadsafelP Pty Ltd Bronte, Suzanne Morris, Cooperative Research and Production AUSTRALIA; Truecath Inc., Camarillo, Chief, Premerger and Division Statistics Unit, Act of 1993—Medical Technology CA; Solutions Through Innovative Antitrust Division. Enterprise Consortium Technologies, Inc., Fairborn, OH; [FR Doc. 2019–08997 Filed 5–1–19; 8:45 am] Sempulse, LLC, San Marcos, TX; The BILLING CODE 4410–11–P Notice is hereby given that, on April Curators of the University of Missouri 8, 2019, pursuant to Section 6(a) of the on behalf of the University of Missouri- National Cooperative Research and Kansas City, Kansas City, MO; Cognitive DEPARTMENT OF JUSTICE Production Act of 1993, 15 U.S.C. 4301 Medical Systems, Inc., San Diego, CA; et seq. (‘‘the Act’’), Medical Technology Hemoclear B.V., Zwolle, Antitrust Division NETHERLANDS; Immunexpress Inc., Enterprise Consortium (‘‘MTEC’’) has Notice Pursuant to the National filed written notifications Seattle, WA; Klox Technologies, Inc., Laval, CANADA; Opticyte, Inc., Seattle, Cooperative Research and Production simultaneously with the Attorney Act of 1993—Pistoia Alliance, Inc. General and the Federal Trade WA; Physcient, Inc., Durham, NC; Commission disclosing changes in its ActiBioMotion, LLC, Coralville, IA; Notice is hereby given that, on April membership. The notifications were Detact Diagnostics BV, Gronigen, THE 8, 2019, pursuant to Section 6(a) of the filed for the purpose of extending the NETHERLANDS; SurgiBox Inc., National Cooperative Research and Act’s provisions limiting the recovery of Brookline, MA; Cincinnati Automation Production Act of 1993, 15 U.S.C. 4301 antitrust plaintiffs to actual damages & Mechatronics, LLC, Beavercreek, OH; et seq. (‘‘the Act’’), Pistoia Alliance, Inc. under specified circumstances. and Molecular Biologicals, Pasadena, has filed written notifications Specifically, Securisyn Medical, LLC, TX; have been added as parties to this simultaneously with the Attorney Highlands Ranch, CO; Polaris Alpha venture. General and the Federal Trade Advanced Systems, Inc., Aberdeen Also, Tallinn University of Commission disclosing changes in its Proving Ground, MD; Arrevus, Inc., Technology, Tallin, Estonia; National membership. The notifications were

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filed for the purpose of extending the ExxonMobil Pipeline Company, Civil consent decree without appendix, Act’s provisions limiting the recovery of Action No. 1:19–cv–00048–SPW–TJC. payable to the United States Treasury. antitrust plaintiffs to actual damages The United States filed this lawsuit Jeffrey Sands, under specified circumstances. against ExxonMobil Pipeline Company Specifically, Konrad Krawczyk Assistant Section Chief, Environmental (‘‘ExxonMobil’’) seeking civil penalties Enforcement Section, Environment and (individual member), Hamburg, pursuant to Section 311(b)(7)(A) and (D) Natural Resources Division. GERMANY; Waters Technologies [FR Doc. 2019–08940 Filed 5–1–19; 8:45 am] Company, Milford, MA; Genomics of the Clean Water Act (‘‘CWA’’), 33 England, London, UNITED KINGDOM; U.S.C. 1321(b)(7)(A) and (D), and BILLING CODE 4410–15–P Brian Frenzel (individual member), injunctive relief pursuant to Section 309(b) of the CWA, 33 U.S.C. 1319(b), as Mountain View, CA; Kirk Brote DEPARTMENT OF JUSTICE (individual member), Durham, NH; a result of the July 1, 2011 discharge of Numerate Inc., San Francisco, CA; over 1,500 barrels of crude oil from the [OMB Number 1121–0100] Valery Tkachenko (individual member), company’s Silvertip Pipeline into the Rockville, MD; The Broad Institute Inc., Yellowstone River near Laurel, Agency Information Collection Cambridge, MA; WuXi AppTec, Montana. The proposed Consent Decree Activities; Proposed eCollection Cambridge, MA; BioSistemika d.o.o., requires ExxonMobil Pipeline Company eComments Requested; Ljubljana, SLOVENIA; Optibrium to pay a civil penalty of $1,050,000 to Reinstatement, With Change, of a Previously Approved Collection for Limited, Cambridge, UNITED resolve the claims. The settlement KINGDOM; Elixir, Cambridge, UNITED Which Approval Has Expired: 2019 proceeds will be deposited in the Oil Census of Jails KINGDOM; L7 Informatics Inc., Dallas, Spill Liability Trust Fund. The TX; Alzheimer’s Research UK, proposed Consent Decree also requires AGENCY: Bureau of Justice Statistics, Cambridge, UNITED KINGDOM; and ExxonMobil to take action at certain Department of Justice. Yvonne Linney (individual member), Silvertip Pipeline water crossings. ACTION: 30-Day notice. Saratoga, CA, have been added as parties to this venture. The publication of this notice opens SUMMARY: The Department of Justice Also, Novaseek Research, Cambridge, a period for public comment on the (DOJ), Office of Justice Programs, MA; PRYV SA, Lausanne, consent decree. Comments should be Bureau of Justice Statistics, will be SWITZERLAND; and Cyclica, Toronto, addressed to the Assistant Attorney submitting the following information CANADA, have withdrawn as parties to General, Environment and Natural collection request to the Office of this venture. Resources Division, and should refer to Management and Budget (OMB) for No other changes have been made in United States v. ExxonMobil Pipeline review and approval in accordance with either the membership or planned Company, D.J. Ref. No. 90–5–1–1– the Paperwork Reduction Act of 1995. activity of the group research project. 10332/1. All comments must be The proposed information collection Membership in this group research submitted no later than thirty (30) days was previously published in the Federal project remains open, and Pistoia after the publication date of this notice. Register Volume 84, Number 32, pages Alliance, Inc. intends to file additional Comments may be submitted either by 4539–4541, on February 15, 2019, written notifications disclosing all email or by mail: allowing a 60-day comment period. changes in membership. Following publication of the 60-day On May 28, 2009, Pistoia Alliance, To submit notice, the Bureau of Justice Statistics Inc. filed its original notification comments: Send them to: received seven comments. Responses to pursuant to Section 6(a) of the Act. The these comments will be included in the Department of Justice published a notice By email ...... pubcomment-ees.enrd@ final clearance package submitted to in the Federal Register pursuant to usdoj.gov. OMB. By mail ...... Assistant Attorney General, Section 6(b) of the Act on July 15, 2009 DATES: Comments are encouraged and (74 FR 34364). U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC will be accepted for 30 days until June The last notification was filed with 3, 2019. the Department on January 28, 2019. A 20044–7611. FOR FURTHER INFORMATION CONTACT: If notice was published in the Federal you have comments especially on the Register pursuant to Section 6(b) of the During the public comment period, estimated public burden or associated Act on February 7, 2019 (84 FR 2569). the consent decree may be examined response time, suggestions, or need a and downloaded at this Justice Suzanne Morris, copy of the proposed information Department website: https:// Chief, Premerger and Division Statistics Unit, collection instrument with instructions Antitrust Division. www.justice.gov/enrd/consent-decrees. or additional information, please We will provide a paper copy of the [FR Doc. 2019–08994 Filed 5–1–19; 8:45 am] contact Todd D. Minton, Bureau of consent decree upon written request BILLING CODE 4410–11–P Justice Statistics, 810 Seventh Street and payment of reproduction costs. NW, Washington, DC 20531 (email: Please mail your request and payment [email protected]; telephone: DEPARTMENT OF JUSTICE to: Consent Decree Library, U.S. DOJ— 202–305–9630). ENRD, P.O. Box 7611, Washington, DC SUPPLEMENTARY INFORMATION: Written Notice of Lodging of Proposed 20044–7611. comments and suggestions from the Consent Decree Under the Clean Water Please enclose a check or money order public and affected agencies concerning Act for $9.50 for the consent decree and the proposed collection of information On April 26, 2019, the Department of appendices (25 cents per page are encouraged. Your comments should Justice lodged a proposed Consent reproduction cost) or $7.50 for the address one or more of the following Decree with the United States District four points: Court for the District of Montana in the —Evaluate whether the proposed lawsuit entitled United States v. collection of information is necessary

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for the proper performance of the combined data for all of their facilities and the year the order or decree take functions of the Bureau of Justice on 15 of the 26 questions; and effect; Statistics, including whether the • The same 295 RUs that cover (f) At midyear, was the facility under information will have practical utility; multiple facilities will receive a CJ–3A a court order or consent decree for —Evaluate the accuracy of the agency’s ADDENDUM form to be filled out for specific conditions of confinement (e.g., estimate of the burden of the each facility (529 in total) under their crowing, staffing, food, medical proposed collection of information, jurisdictional authority. This facilities or services; grievance including the validity of the questionnaire will include the procedures or policies religious methodology and assumptions used; remaining 11 of the 26 questions in practices, etc.); —Evaluate whether and if so how the CJ–3, most of which are needed for the (g) At midyear (last weekday in the quality, utility, and clarity of the sampling facilities for several BJS month of June), the number of inmates information to be collected can be inmate surveys. confined in jail facilities, including: enhanced; and The applicable component within the Male and female adult and juvenile —Minimize the burden of the collection Department of Justice is the Bureau of inmates; persons under age 18 held as of information on those who are to Justice Statistics (BJS), in the Office of adults; inmate race/Hispanic origin; respond, including through the use of Justice Programs. probation and parole violators; appropriate automated, electronic, The Bureau of Justice Statistics (BJS) convicted and unconvicted status; mechanical, or other technological requests clearance to conduct the 2019 persons held for felonies and collection techniques or other forms Census of Jails (COJ) under OMB misdemeanors; inmate U.S. citizenship of information technology, e.g., Control Number 1121–0100. The last status by conviction status; and inmates permitting electronic submission of COJ was fielded in 2014 and collected held for federal authorities, state prison responses. 2013 year-end data. It was approved authorities, American Indian or Alaska under OMB Control Number 1121–0249 Native tribal governments, and other Overview of This Information along with the Mortality in Correctional local jails; Collection Institutions—Jails (MCI, formerly the (h) At midyear (last weekday in the 1. Type of Information Collection: Deaths in Custody Reporting Program) month of June), the number of persons Reinstatement, with change, of a because of a timely need for the data. under the supervision of the jail previously approved collection for Unlike in 2013, when an abbreviated jurisdiction, but not confined; which approval has expired. form of the COJ was conducted along (i) On the weekend prior to midyear 2. Title of the Form/Collection: 2019 with MCI—Jails data collection, the (last weekday in the month of June), did Census of Jails (COJ). 2019 COJ will be a standalone the jail have a weekend program that 3. Agency form number, if any, and collection. BJS requests clearance for the allow offenders to serve their sentences the applicable component of the 2019 COJ under its previous unique of confinement only on weekends; and Department of Justice sponsoring the OMB Control Number 1121–0100. the number who participated; 4. Affected public who will be asked (j) The date and count for the greatest collection: The form numbers are CJ–3: or required to respond, as well as a brief number of confined inmates during the 2019 Census of Jails (COJ)—Single- abstract: The affected public that will be 30-day period in June; Facility Jail Form; CJ–3A: 2019 Census asked to respond to the COJ includes jail (k) The average daily population of Jails (COJ)—Jurisdiction Form; and administrators from approximately during the 365-day period between July the CJ–3A Addendum: 2019 Census of 2,947 reporting units (RU), representing 1, 2018 and June 30, 2019; Jails (COJ)—Facility Form. The COJ will 3,169 local jails (city, county, regional, (l) The number of new admissions collect data from approximately 2,947 and private), and 12 Federal Bureau of into jail, and final discharges from jail, reporting units (RU), representing 3,169 Prisons (BOP) detention facilities that between July 1, 2018 and June 30, 2019; local jail facilities (city, county, function as jails. The respondents will (m) At midyear (last weekday in the regional, and private) and 12 federal be asked to provide information for the month of June), the number of detention centers. The combined jail/ following categories: correctional staff employed by the prison systems in Alaska, Connecticut, (a) The purposes for which the facility facility and their occupations, broken Delaware, Hawaii, Rhode Island, and hold offenders (e.g., detention facility out by male or female staff (i.e., Vermont, are surveyed in BJS’s Census with authority to hold persons facing correctional officers and all other staff); of State and Federal Adult Correctional criminal charges beyond 72 hours, (n) Yes or no to facility practices on Facilities (OMB Control Number 1121– correctional facility for persons inmate opioid testing, screening and 0147), and are not in the universe for convicted of offenses with sentences treatment that are conducted either on the COJ. However, Alaska has 15 jails usually beyond 72 hours, etc.); or off facility grounds; that are locally operated so these (b) As a matter of practice, does the (o) Based on the number of new facilities are included in the COJ facility hold males or females only; admissions into jail during the 30-day universe. (c) The functions of the facility (e.g., period from June 1 to June 30, 2019, The jail RUs are central reporters with general adult population confinement, how many were screened with a jurisdictional authority over one or medical treatment/hospitalization questionnaire or interview for opioid more jails. BJS will contact these central confinement, drug treatment use disorder; how many screened reporters and request that they report confinement, boot camp, etc.); positive for opioid use disorder; how data on each local and federal facilities (d) At midyear (last weekday in the many of those who screened positive (3,181) under their jurisdictional month of June), the total rated and were unique individuals; authority based on the following design capacity of the jail; (p) Based on the number of new criteria: (e) At midyear (last weekday in the admissions into jail during the 30-day • 2,652 RUs cover only one facility month of June), was the facility under period from June 1 to June 30, 2019, and will receive form CJ–3, which a federal, state or local court order or how many did the facility treat for includes all 26 questions; consent decree to limit the number of opioid withdrawal; how many treated • 295 RUs cover multiple facilities inmates housed; maximum number of for opioid withdraw were unique will each receive one CJ–3A to report inmates the facility is allowed to house; individuals; and

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(q) At midyear (last weekday in the United States and the population they demographics and supervision status of month of June), how many persons supervise at the facility level. The the jail population and the prevalence of confined in the facility were receiving collection enables BJS, jail crowding. medication-assisted treatment for opioid administrators, legislators, researchers, 5. An estimate of the total number of disorders. and jail planners to track growth in the respondents and the amount of time This collection is the only national number of jails and their capacities, as estimated for an average respondent to effort devoted to enumerating all local well as to track changes in the jails and BOP detention facilities in the respond:

REPORTING MODE AND ESTIMATED BURDEN

Number Average of data Number of reporting Estimated Primary reporting mode Purpose of contact providers responses time total burden (RUs) (min) hours

Web ...... Data collection: Form CJ–3 ...... 2,652 2,652 150 6,631 Form CJ–3A ...... 295 295 130 639 Form CJ–3A ADDENDUM ...... 295 529 20 176

Subtotal for 3 forms ...... 2,947 3,476 150 7,446 Email and telephone ...... Data quality follow-up validation ...... 1,620 1,749 10 291 Email and telephone ...... Verify facility operational status and 300 300 5 25 point-of-contact.

Total ...... 7,762

The questionnaires will be sent to Management Division, Policy and wood stoves with cleaner units, with a approximately 2,947 reporting units Planning Staff, Two Constitution minimum expenditure of $150,000; and (RU), representing 3,169 local jail Square, 145 N Street NE, 3E.405A, to perform certain measures at the facilities and 12 Federal Bureau of Washington, DC 20530. facility to address past VOC emissions Prisons (BOP) detention centers that Dated: April 29, 2019. and to limit future VOC emissions. function as jails. BJS will contact these Melody Braswell, On April 1, 2019, the Department of central reporters and request that they Department Clearance Officer for PRA, U.S. Justice published a notice in the Federal report data for all facilities (3,181) under Department of Justice. Register opening a period of public their jurisdictional authority. Based on [FR Doc. 2019–08926 Filed 5–1–19; 8:45 a.m.] comment on the consent decree for a prior years’ reporting and the cognitive BILLING CODE 4410–18–P period of thirty (30) days, through May test of the new items conducted in 1, 2019. By this notice, the Department August–December 2018, BJS estimates a of Justice is extending the public reporting time of 150 minutes for CJ–3, DEPARTMENT OF JUSTICE comment period through July 1, 2019. 130 minutes for CJ–3A, and 20 minutes Comments should be addressed to the for the CJ–3A ADDENDUM. If needed, Notice of Lodging of Proposed Assistant Attorney General, jail respondents will be contacted by Consent Decree Under the Clean Air Environment and Natural Resources email or telephone to verify data quality Act Division, and should refer to United issues. BJS estimates that data quality States v. Global Partners LP, et al., D.J. follow-up validation will run an average On March 25, 2019, the Department of Justice lodged a proposed consent Ref. No. 90–5–2–1–11428. All of 10 minutes across 1,620 RUs. Some comments must be submitted no later RUs may receive follow-up validation decree with the United States District Court for the District of Maine, in the than July 1, 2019. Comments may be for multiple facilities (resulting in a lawsuit entitled United States v. Global submitted either by email or by mail: total of 1,749 facilities from the original Partners, LP, Global Companies LLC, 1,620 RUs) under their jurisdictional To submit and Chelsea Sandwich LLP, Civil Action Send them to: authority. In addition, we estimate that comments: No. 19–cv–00122. 300 RUs will be contacted during the The United States filed this lawsuit jail frame update stage to verify facility By email ...... pubcomment-ees.enrd@ under Section 113(a)(1) of the Clean Air usdoj.gov. operational status and point-of-contact, Act, 42 U.S.C. 7413(a)(1), and the Maine By mail ...... Assistant Attorney General, which takes 5 minutes each on average. state implementation plan. The United U.S. DOJ—ENRD, P.O. In total, the 2019 COJ will incur a States’ complaint seeks civil penalties Box 7611, Washington, DC burden estimate of 7,762 hours or about and injunctive relief arising from 20044–7611. 2 hours and 30 minutes per RU for data alleged excess emissions of volatile collection and 10 minutes or less for organic compounds (VOC) at the During the public comment period, select RUs contacted for data quality defendants’ petroleum storage facility in the consent decree may be examined follow-up validation or facility South Portland, Maine. and downloaded at this Justice operational status and point-of-contact The consent decree requires the Department website: https:// validation. defendants to pay a civil penalty of www.justice.gov/enrd/consent-decrees. If additional information is required, $40,000, plus interest accruing from the We will provide a paper copy of the contact: Melody Braswell, Department date of lodging to the payment date; to consent decree upon written request Clearance Officer, United States perform a supplemental environmental and payment of reproduction costs. Department of Justice, Justice project involving the replacement of old Please mail your request and payment

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to: Consent Decree Library, U.S. DOJ— —Evaluate the accuracy of the agency’s TABLE 1—CTLEA UNIVERSE OF ENRD, P.O. Box 7611, Washington, DC estimate of the burden of the KNOWN TRIBAL LAW ENFORCEMENT 20044–7611. proposed collection of information, AGENCIES, 2018—Continued Please enclose a check or money order including the validity of the for $6.50 (25 cents per page methodology and assumptions used; Type of agency Count Percent of reproduction cost) payable to the United —Evaluate whether and if so how the universe States Treasury. quality, utility, and clarity of the Bureau of Indian Affairs information to be collected can be Police ...... 27 9 Robert Maher, enhanced; and Tribal university/college Assistant Section Chief, Environmental —Minimize the burden of the collection campus police ...... 6 1.9 Enforcement Section, Environment and Alaska State Police ...... 1 0.3 of information on those who are to Natural Resources Division. respond, including through the use of [FR Doc. 2019–08873 Filed 5–1–19; 8:45 am] appropriate automated, electronic, Enacted in 2010, the Tribal Law and BILLING CODE 4410–15–P mechanical, or other technological Order Act (TLOA) requires BJS to (1) collection techniques or other forms establish and implement a tribal data collection system, (2) consult with DEPARTMENT OF JUSTICE of information technology, e.g., permitting electronic submission of Indian tribes to establish and implement [OMB Number 1121–NEW] responses. this data collection system, and (3) annually report to Congress the data Agency Information Collection Overview of This Information Collection collected and analyzed in accordance Activities; Proposed Collection with the act (Pub. L. 111–211, 124 Stat. Comments Requested; New Collection: (1) Type of Information Collection: 2258, § 251(b)). Indian country includes 2019 Census of Tribal Law New collection. federally recognized reservations, tribal Enforcement Agencies (CTLEA) (2) The Title of the Form/Collection: communities, and identified trust lands. 2019 Census of Tribal Law Enforcement AGENCY: Bureau of Justice Statistics, Criminal jurisdiction in Indian country Agencies (CTLEA). Department of Justice. varies by type of crime committed, (3) The agency form number, if any, whether the offender or victim is a tribal ACTION: 30-Day notice. and the applicable component of the member, and the state in which the Department sponsoring the collection: SUMMARY: The Department of Justice offense occurred. This information The applicable form number(s) for this (DOJ), Office of Justice Programs, collection helps BJS fulfill this mandate collection is CTLEA and CTLEA–BIA. Bureau of Justice Statistics (BJS), will be The applicable component within the and meet the agency’s mission. submitting the following information Department of Justice is the Bureau of (5) An estimate of the total number of collection request to the Office of Justice Statistics, in the Office of Justice respondents and the amount of time Management and Budget (OMB) for Programs. estimated for an average respondent to review and approval in accordance with (4) Affected public who will be asked respond: An estimated 308 tribal law the Paperwork Reduction Act of 1995. or required to respond, as well as a brief enforcement agencies—including tribal DATES: Comments are encouraged and abstract: CTLEA respondents will be the operated police departments (229), will be accepted for 30 days until June chief law enforcement officer or their conservation/wildlife enforcement 3, 2019. designee reporting on behalf of their agencies (44), Bureau of Indian Affairs FOR FURTHER INFORMATION CONTACT: If respective agency. This information Police agencies (27), tribal university or you have additional comments collection is a census of the 308 tribal college police (6) and the Alaska State especially on the estimated public law enforcement agencies operating in Police (1)—that serve or work on tribal burden or associated response time, Indian country or serving tribal lands. lands will be asked to take part in the suggestions, or need a copy of the The eligible respondent universe CTLEA. Based on the survey proposed information collection includes: (1) Tribal police departments, development and cognitive testing instrument with instructions or tribal conservation and wild life activities, an average of 30 minutes per additional information, please contact enforcement agencies, Bureau of Indian respondent is needed to complete the Steven W. Perry, Statistician, Affairs (BIA) police departments, tribal Institutional Research & Special Projects university and college police, and the CTLEA and CTLEA–BIA forms per Unit, Bureau of Justice Statistics, 810 Alaska State Police reporting on behalf respondent. BJS anticipates that nearly Seventh Street NW, Washington, DC of the village public safety officers all of the approximately 308 20531 (email: Steven.W.Perry@ (VPSO) program coordinated and respondents will fully complete the usdoj.gov; telephone: 202–307–0777). funded through the state. The CTLEA questionnaire. SUPPLEMENTARY INFORMATION: Written will be conducted for a four month (6) An estimate of the total public comments and suggestions from the period from September through burden (in hours) associated with the public and affected agencies concerning December 2019. collection: The total estimated public the proposed collection of information burden associated with this collection is are encouraged. Your comments should TABLE 1—CTLEA UNIVERSE OF 192.5 hours. It is estimated that address one or more of the following KNOWN TRIBAL LAW ENFORCEMENT respondents will take 30 minutes to four points: AGENCIES, 2018 complete a questionnaire (308 × 30 = 154 hours) and additional verification or —Evaluate whether the proposed Percent of collection of information is necessary Type of agency Count universe validation of responses for about 50% of for the proper performance of the the respondents will require 15 minutes Universe ...... 308 100 (154 × 15 minutes = 38.5 hours). The functions of BJS, including whether Tribal Law Enforcement 229 74 the information will have practical Conservation/Wildlife en- total burden hours for CTLEA utility; forcement agencies .... 45 15 respondent data collection:

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TABLE 2—2018 CTLEA ESTIMATED RESPONDENT BURDEN

Total CTLEA & Total number of respondents Time to complete CTLEA–18 Time to complete nonresponse fol- CTLEA–BIA low-up respondent burden

(a) N = 308 ...... 30 minutes × 15 minutes × (b) Non-response follow-up esti- N = 308 + n = 154 = 192.5 hours. mated at 50% of CTLEA uni- verse, n = 154.

154 hours 38.5 hours

If additional information is required (866) 854–6619. Please note that the remarks and introductions; (b) contact: Melody Braswell, Department above phone/fax numbers are not toll Presentations and discussion of agency Clearance Officer, United States free. work; and (c) Council member Department of Justice, Justice SUPPLEMENTARY INFORMATION: The announcements. Management Division, Policy and Coordinating Council on Juvenile For security purposes and because Planning Staff, Two Constitution Justice and Delinquency Prevention space is limited, members of the public Square, 145 N Street NE, 3E.405A, (‘‘Council’’), established by statute in who wish to attend must register in Washington, DC 20530. the Juvenile and Delinquency advance of the meeting online at Dated: April 29, 2019. Prevention Act of 1974 section 206(a) www.juvenilecouncil.gov, no later than Melody Braswell, (42 U.S.C. 5616(a)), will meet to carry Friday June 7th, 2019. Should issues Department Clearance Officer for PRA, U.S. out its advisory functions. Information arise with online registration, or to Department of Justice. regarding this meeting will be available register by fax or email, the public [FR Doc. 2019–08925 Filed 5–1–19; 8:45 am] on the Council’s web page at should contact Maegen Barnes, Senior BILLING CODE 4410–18–P www.juvenilecouncil.gov. The meeting Program Manager/Federal Contractor is open to the public, and available via (see above for contact information). If online video conference, but prior submitting registrations via fax or email, DEPARTMENT OF JUSTICE registration is required (see below). In attendees should include all of the addition, meeting documents will be following: Name, Title, Organization/ Office of Justice Programs viewable via this website including Affiliation, Full Address, Phone meeting announcements, agendas, Number, Fax and Email. The meeting [OJP (OJJDP) Docket No. 1760] minutes and reports. will also be available to join online via Meeting of the Coordinating Council Although designated agency Webex, a video conferencing platform. representatives may attend in lieu of on Juvenile Justice and Delinquency Registration for this is also found online members, the Council’s formal Prevention at www.juvenilecouncil.gov. membership consists of the following Note: Photo identification will be AGENCY: Coordinating Council on secretaries and/or agency officials; required to attend the meeting at the Juvenile Justice and Delinquency Attorney General (Chair), Administrator OJP 810 7th Street Building. Prevention, Department of Justice. of the Office of Juvenile Justice and Interested parties may submit written ACTION: Notice of meeting. Delinquency Prevention (Vice Chair), Secretary of Health and Human Services comments and questions in advance to SUMMARY: The Coordinating Council on (HHS), Secretary of Labor (DOL), Jeff Slowikowski (DFO) for the Council, Juvenile Justice and Delinquency Secretary of Education (DOE), Secretary at the contact information above. If Prevention announces its next meeting. of Housing and Urban Development faxing, please follow up with Maegen Barnes, Senior Program Manager/ DATES: (HUD), Director of the Office of National Thursday June 13th, 2019 at 10 Federal Contractor (contact information a.m. EDT. Drug Control Policy, Chief Executive Officer of the Corporation for National above) in order to assure receipt of ADDRESSES: The meeting will take place and Community Service and the submissions. All comments and in the third floor main conference room Assistant Secretary of Homeland questions should be submitted no later at the U.S. Department of Justice, Office Security for the U.S. Immigration and than 5:00 p.m. EDT on Friday, June 7th, of Justice Programs, 810 7th St. NW, Customs Enforcement. Nine additional 2019. Washington, DC 20531. members are appointed by the Speaker The Council will limit public FOR FURTHER INFORMATION CONTACT: Visit of the U.S. House of Representatives, the statements if they are found to be the website for the Coordinating Council U.S. Senate Majority Leader and the duplicative. Written questions at www.juvenilecouncil.gov or contact President of the United States. Further submitted by the public while in Jeff Slowikowski, Senior Policy Advisor, agencies that take part in Council attendance will also be considered by OJJDP, by telephone at (202) 616–3646, activities include, the Departments of the Council. email at [email protected], or Agriculture, Defense, Interior and the fax at (202) 353–9093; or Maegen Substance and Mental Health Services Jeff Slowikowski, Barnes, Senior Program Manager/ Administration of HHS. Senior Policy Advisor, Office of Juvenile Federal Contractor, by telephone (732) Council meeting agendas are available Justice and Delinquency Prevention. 948–8862, email at on www.juvenilecouncil.gov. Agendas [FR Doc. 2019–08883 Filed 5–1–19; 8:45 am] [email protected], or fax at will generally include: (a) Opening BILLING CODE 4410–18–P

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DEPARTMENT OF LABOR toll-free numbers) or by email at DOL_ proposed collection of information, [email protected]. including the validity of the Office of the Secretary SUPPLEMENTARY INFORMATION: This ICR methodology and assumptions used; seeks to extend PRA authority for the • Enhance the quality, utility, and Agency Information Collection Employee Retirement Income Security clarity of the information to be Activities; Submission for OMB Act (ERISA) Summary Annual Report collected; and Review; Comment Request; Employee Requirement information collection. • Minimize the burden of the Retirement Income Security Act ERISA section 104(b)(3), 29 U.S.C. collection of information on those who Summary Annual Report Requirement 1024(b)(3), and regulations codified at are to respond, including through the 29 CFR 2520.104b–10 require an use of appropriate automated, ACTION: Notice of availability; request employee benefit plan to furnish a electronic, mechanical, or other for comments. summary of the plan’s annual report to technological collection techniques or other forms of information technology, SUMMARY: The Department of Labor participants and specified beneficiaries e.g., permitting electronic submission of (DOL) is submitting the Employee for purposes of disclosure of basic responses. Benefits Security Administration financial information. ERISA section 104(b)(3) authorizes this information Agency: DOL–EBSA. (EBSA) sponsored information Title of Collection: Employee collection request (ICR) titled, collection. See 29 U.S.C. 1024(b)(3). This information collection is subject Retirement Income Security Act ‘‘Employee Retirement Income Security to the PRA. A Federal agency generally Summary Annual Report Requirement. Act Summary Annual Report cannot conduct or sponsor a collection OMB Control Number: 1210–0040. Requirement,’’ to the Office of of information, and the public is Affected Public: Private Sector— Management and Budget (OMB) for generally not required to respond to an businesses or other for-profits and not- review and approval for continued use, information collection, unless it is for-profit institutions. without change, in accordance with the approved by the OMB under the PRA Total Estimated Number of Paperwork Reduction Act of 1995 and displays a currently valid OMB Respondents: 743,628. (PRA). Public comments on the ICR are Control Number. In addition, Total Estimated Number of invited. notwithstanding any other provisions of Responses: 170,628,651. DATES: The OMB will consider all law, no person shall generally be subject Total Estimated Annual Time Burden: written comments that agency receives to penalty for failing to comply with a 1,817,006 hours. on or before June 3, 2019. collection of information that does not Total Estimated Annual Other Costs Burden: $49,223,676. ADDRESSES: A copy of this ICR with display a valid Control Number. See 5 applicable supporting documentation; CFR 1320.5(a) and 1320.6. The DOL Authority: 44 U.S.C. 3507(a)(1)(D). including a description of the likely obtains OMB approval for this Dated: April 25, 2019. respondents, proposed frequency of information collection under Control Michel Smyth, Number 1210–0040. response, and estimated total burden Departmental Clearance Officer. OMB authorization for an ICR cannot may be obtained free of charge from the [FR Doc. 2019–08891 Filed 5–1–19; 8:45 am] RegInfo.gov website at http:// be for more than three (3) years without BILLING CODE 4510–29–P www.reginfo.gov/public/do/ renewal, and the DOL seeks to the PRAViewICR?ref_nbr=201902-1210-008 authorization for this information collection for three (3) more years, (this link will only become active on the DEPARTMENT OF LABOR day following publication of this notice) without any change to existing or by contacting Michel Smyth by requirements. The DOL notes that Office of the Secretary telephone at 202–693–4129, TTY 202– existing information collection 693–8064, (these are not toll-free requirements submitted to the OMB Agency Information Collection numbers) or by email at DOL_PRA_ receive a month-to-month extension Activities; Submission for OMB [email protected]. while they undergo review. For Review; Comment Request; Functional Submit comments about this request additional substantive information Affirmative Action Programs by mail to the Office of Information and about this ICR, see the related notice Agreement Approval Process Regulatory Affairs, Attn: OMB Desk published in the Federal Register on Officer for DOL–EBSA, Office of October 23, 2018 (83 FR 53500). ACTION: Notice of availability; request Interested parties are encouraged to Management and Budget, Room 10235, for comments. send comments to the OMB, Office of 725 17th Street NW, Washington, DC Information and Regulatory Affairs at SUMMARY: The Department of Labor 20503; by Fax: 202–395–5806 (this is the address shown in the ADDRESSES (DOL) is submitting the Office of not a toll-free number); or by email: Federal Contract Compliance Programs _ section within thirty (30) days of OIRA [email protected]. publication of this notice in the Federal (OFCCP) sponsored information Commenters are encouraged, but not Register. In order to help ensure collection request (ICR) revision titled, required, to send a courtesy copy of any appropriate consideration, comments ‘‘Functional Affirmative Action comments by mail or courier to the U.S. should mention OMB Control Number Programs Agreement Approval Process’’ Department of Labor—OASAM, Office 1210–0040. The OMB is particularly to the Office of Management and Budget of the Chief Information Officer, Attn: interested in comments that: (OMB) for review and approval for use Departmental Information Compliance • Evaluate whether the proposed in accordance with the Paperwork Management Program, Room N1301, collection of information is necessary Reduction Act (PRA) of 1995. Public 200 Constitution Avenue NW, for the proper performance of the comments on the ICR are invited. The Washington, DC 20210; or by email: DOL notes an earlier version of this _ _ functions of the agency, including DOL PRA [email protected]. whether the information will have Notice appeared in the Federal Register FOR FURTHER INFORMATION CONTACT: practical utility; on April 16, 2019 (84 FR 15638); this Michel Smyth by telephone at 202–693– • Evaluate the accuracy of the document replaces the earlier 4129, TTY 202–693–8064, (these are not agency’s estimate of the burden of the publication in its entirety.

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DATES: The OMB will consider all This information collection has been including the validity of the written comments that agency receives classified as a revision because the methodology and assumptions used; on or before June 3, 2019. OFCCP seeks to amend the directive • Enhance the quality, utility, and ADDRESSES: A copy of this ICR with that establishes policies and procedures clarity of the information to be applicable supporting documentation; that a contractor must follow to collected; and including a description of the likely maintain a FAAP. In general, the • Minimize the burden of the respondents, proposed frequency of proposed revisions reorganize the collection of information on those who response, and estimated total burden contents of the directive and provide are to respond, including through the may be obtained free of charge from the some minor, clarifying edits. Among use of appropriate automated, RegInfo.gov website at http:// other revisions, the OFCCP proposes to electronic, mechanical, or other www.reginfo.gov/public/do/ change the current requirement that technological collection techniques or PRAViewICR?ref_nbr=201809-1250-004 contractors certify every three years that other forms of information technology, (this link will only become active on the there have been no changes made to the e.g., permitting electronic submission of day following publication of this notice) functional units, business structure, or responses. or by contacting Michel Smyth by other circumstances that affect their Agency: DOL–OFCCP. telephone at 202–693–4129, TTY 202– existing FAAP agreements. Under this Title of Collection: Functional 693–8064, (these are not toll-free ICR, if approved, certification would Affirmative Action Programs Agreement numbers) or sending an email to DOL_ generally be required every five years. Approval Process. [email protected]. Executive Order 11246 (30 FR 12319, OMB Control Number: 1250–0006. Submit comments about this request September 28, 1965) authorizes this Affected Public: Private Sector— by mail to the Office of Information and information collection. businesses or other for-profits, farms, Regulatory Affairs, Attn: OMB Desk This information collection is subject and not-for-profit institutions. Officer for DOL–OFCCP, Office of to the PRA. A Federal agency generally Total Estimated Number of Management and Budget, Room 10235, cannot conduct or sponsor a collection Respondents: 85. 725 17th Street NW, Washington, DC of information, and the public is Total Estimated Number of 20503; by Fax: 202–395–5806 (this is generally not required to respond to an Responses: 85. not a toll-free number); or by email: information collection, unless it is Total Estimated Annual Time Burden: [email protected]. approved by the OMB under the PRA 862 hours. Commenters are encouraged, but not and displays a currently valid OMB Total Estimated Annual Other Costs required, to send a courtesy copy of any Control Number. In addition, Burden: $21. notwithstanding any other provisions of comments by mail or courier to the U.S. Authority: 44 U.S.C. 3507(a)(1)(D). Department of Labor—OASAM, Office law, no person shall generally be subject of the Chief Information Officer, Attn: to penalty for failing to comply with a Dated: April 25, 2019. Departmental Information Compliance collection of information that does not Michel Smyth, Management Program, Room N1301, display a valid Control Number. See 5 Departmental Clearance Officer. 200 Constitution Avenue NW, CFR 1320.5(a) and 1320.6. The DOL [FR Doc. 2019–08890 Filed 5–1–19; 8:45 am] obtains OMB approval for this Washington, DC 20210; or by email: BILLING CODE 4510–CM–P [email protected]. information collection under Control Number 1250–0006. The DOL notes that FOR FURTHER INFORMATION CONTACT: existing information collection DEPARTMENT OF LABOR Michel Smyth by telephone at 202–693– requirements submitted to the OMB 4129, TTY 202–693–8064, (these are not receive a month-to-month extension Vacancy Posting for a Member of the toll-free numbers) or sending an email _ _ while they undergo review. New Benefits Review Board to DOL PRA [email protected]. requirements would only take effect SUPPLEMENTARY INFORMATION: This ICR upon OMB approval. For additional Summary of Duties: The incumbents seeks approval under the PRA for substantive information about this ICR, exercise completely independent revisions to the Functional Affirmative see the related notice published in the judgment in considering and deciding Action Programs Agreement Approval Federal Register on September 11, 2018 appeals and other matters which come Process information collection. The (83 FR 45977). before the Boards required by law and regulations implementing Executive Interested parties are encouraged to any applicable regulations. They sign Order 11246 permit Federal supply and send comments to the OMB, Office of decisions with which they agree or take service contractors to develop Information and Regulatory Affairs at such action as appropriate, including affirmative action programs (AAPs) that the address shown in the ADDRESSES that of writing concurring and/or are based on business functions or section within thirty (30) days of dissenting opinions. Also included business units rather than AAPs based publication of this notice in the Federal there in are the following on establishments. See 41 CFR 60– Register. In order to help ensure responsibilities, exercised jointly by the 2.1(d)(4). Functional affirmative action appropriate consideration, comments Chair and the Board Members: programs (FAAPs) are designed to should mention OMB Control Number Establishing general policies for the provide contractors with the option of 1250–0006. The OMB is particularly Board’s operations; participation at creating AAPs that better fit their interested in comments that: Board case conferences and at oral business needs. To develop and • Evaluate whether the proposed argument; and other responsibilities implement a FAAP, a Federal contractor collection of information is necessary necessary for the orderly and efficient must receive written approval from the for the proper performance of the disposition of all matters properly Director of the OFCCP. This ICR functions of the agency, including before the Board. addresses the collection of information whether the information will have Appointment Type: Excepted. associated with the process for practical utility; Qualifications: The applicant should obtaining, modifying, updating, and • Evaluate the accuracy of the be well versed in law and have the renewing an agreement that allows a agency’s estimate of the burden of the ability to interpret statutes and contractor to develop and use a FAAP. proposed collection of information, regulations and come to a determination

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with other members of the Board or as FOR FURTHER INFORMATION CONTACT: assist in addressing the unique hazards appropriate, write separately in For press inquiries: Mr. Frank found in shipyard and cargo-handling appellate cases involving a broad range Meilinger, Director, OSHA Office of activities. MACOSH will advise and of legal, medical, economic and Communications, U.S. Department of provide insight to the Secretary on a technical issues which affect the entire Labor; telephone (202) 693–1999; email variety of subjects, as well as assist with maritime and coal mining industries. [email protected]. the development of guidance and Applicants must possess a J.D. and are For general information about outreach materials, updating regulatory required to be active members of the Bar MACOSH: Ms. Amy Wangdahl, requirements, and with other efforts to in any US State or US Territory Court Director, Office of Maritime and help focus industry actions. under the U.S. Constitution. Agriculture, OSHA, U.S. Department of II. Appointment of Committee Members To Be Considered: Applicants must Labor; telephone (202) 693–2066; email: provide a detailed resume containing a [email protected]. OSHA received nominations of highly demonstrated ability to perform as a For copies of this Federal Register qualified individuals in response to the Member of the Board. Notice: Electronic copies of this Federal agency’s request for nominations (83 FR Closing Date: Resumes must be Register notice are available at http:// 54147, October 26, 2018). The Secretary submitted (postmarked, if sending by www.regulations.gov. This notice, as selected individuals to serve on the mail; submitted electronically; or well as news releases and other relevant Committee who have broad experience received, if hand-delivered) by 11:59 information, are also available at relevant to the issues to be examined by p.m. EDT on May 29, 2019. Resumes OSHA’s web page at www.osha.gov. the Committee. The MACOSH must be submitted to: sylvia.john@ SUPPLEMENTARY INFORMATION: MACOSH membership is as follows: dol.gov or mail to: U.S. Department of is established and operates in Labor, 200 Constitution Avenue NW, accordance with Section 7(b) of the Government Interests ATTN: Office of Executive Resources, Occupational Safety and Health Act of • Regina Farr, U.S Department of Room N2453, Washington, DC 20210, 1970 (OSH Act) (29 U.S.C. 656); 29 CFR Transportation, Maritime phone: 774–365–6851. This is not a toll- part 1912; Secretary of Labor’s Order Administration; free number. 1–2012 (77 FR 3912, Jan. 25, 2012); and • Secretary of Labor’s Order 4–2018 (83 Matthew Layman, United States Dated: April 26, 2019. FR 35680, July 27, 2018). In addition, Coast Guard; Bryan Slater, MACOSH is established and operates in • James Rone, Washington Assistant Secretary for Administration & accordance with the provisions of the Department of Labor and Industries; and Management. Federal Advisory Committee Act • Alice Shumate, National Institute [FR Doc. 2019–08900 Filed 5–1–19; 8:45 am] (FACA), as amended (5 U.S.C. App. 2.), for Occupational Safety and Health BILLING CODE 4510–HT–P implementing regulations (41 CFR parts (NIOSH). 101–6 and 102–3), and chapter 1600 of Worker Interests Department of Labor Manual Series 3 DEPARTMENT OF LABOR (March 17, 2008). • Robert Fiore, International The Committee will advise OSHA on Longshoremen’s Association; Occupational Safety and Health matters relevant to the safety and health • Administration Robert Godinez, International of employees in the maritime industry Brotherhood of Boilermakers—Iron [Docket No. OSHA–2017–0004] related to the priorities set by the Shipbuilders; agency, including: Worker training, • Michael Podue, International education, and assistance; setting and Maritime Advisory Committee for Longshore and Warehouse Union; and Occupational Safety and Health enforcing of standards; and assurance of • James Reid, International (MACOSH): Notice of Membership and safe and healthful working conditions Association of Machinists and Meeting for America’s working men and women in the maritime industry. The maritime Aerospace Workers. AGENCY: Occupational Safety and Health industry includes shipyard Employer Interests Administration (OSHA), Labor. employment, longshoring, marine • ACTION: Notice of MACOSH membership terminal, and other related industries William Crow, Virginia Ship Repair and meeting. (e.g., commercial fishing and Association; shipbreaking). The Committee will • Donald V. Raffo, General Dynamics; SUMMARY: On December 14, 2018, the function solely as an advisory body in • Jeremy Riddle, BalTerm, LLC— Secretary of Labor (the Secretary) compliance with the provisions of South Locust Point Marine Terminal; announced the renewal of the Maritime FACA and OSHA’s regulations covering and Advisory Committee for Occupational advisory committees (29 CFR part 1912). • David Turner, APM Terminals/ Safety and Health (MACOSH). The Maersk, Inc. MACOSH charter will expire after two I. Background years on December 14, 2020. On April The maritime industry is a high-risk Professional Organization Interests 11, 2019, the Secretary selected 15 industry where activities vary from • Gunter Hoock, National Safety members and a Special Agency Liaison manufacturing-type work in shipyards, Council; to serve on the Committee. The to transportation-type work in • Committee is a representative balance of longshoring, as well as commercial Amy Sly Liu, Marine Chemist the maritime industry representation fishing operations. Historically, the Association; and (e.g., shipyard employment, maritime industry has experienced a • Lawrence Russell, National Fire longshoring, marine terminal, and high incidence rate of work-related Protection Association. commercial fishing industries), fatalities, injuries, and illnesses. The The Special Agency Liaison to geographic location, and in the views Committee provides a collective MACOSH is: Julia K. Hearthway, and interests represented by the industry knowledge and expertise, not Director, Office of Workers’ members. otherwise available to the Secretary, to Compensation Programs.

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III. Meeting Information OSHA will place comments and Computer Code Development Progress. Dates: MACOSH will meet on June 5 requests to speak, including personal The Subcommittee will hear and 6, 2019, from 8:30 a.m. until information, in the public docket, which presentations by and hold discussions approximately 4 p.m., ET. may be available online. Therefore, with NRC staff, industry representatives, Addresses: The Committee and OSHA cautions interested parties about and other interested persons regarding workgroups will meet at the U.S. submitting personal information such as this matter. The Subcommittee will Department of Labor, Frances Perkins Social Security Numbers and birthdates. gather information, analyze relevant Building, 200 Constitution Avenue NW, Docket: To read or download issues and facts, and formulate Washington, DC 20210. The Committee documents in the public docket for this proposed positions and actions, as will meet on June 5, 2019, in Conference MACOSH meeting, go to http:// appropriate, for deliberation by the Full Rooms S–4215A–C, and the workgroups www.regulations.gov. All documents in Committee. the public docket are listed in the index; on June 6, 2019, in Conference Rooms Members of the public desiring to N–3437A–D. Meeting attendees must however, some documents (e.g., copyrighted material) are not publicly provide oral statements and/or written use the visitor’s entrance located at 3rd comments should notify the Designated & C Streets NW. available to read or download through Federal Official (DFO), Derek Widmayer Submission of comments and requests http://www.regulations.gov. All to speak: Submit comments and submissions are available for inspection (Telephone 301–221–1448 or Email: requests to speak at the MACOSH and, when permitted, copying at the [email protected]) five days meeting, identified by the docket OSHA Docket Office at the above prior to the meeting, if possible, so that number for this Federal Register notice address. For information on using appropriate arrangements can be made. (Docket No. OSHA–2017–0004), by one http://www.regulations.gov to make Thirty-five hard copies of each of the following methods: submissions or to access the docket, presentation or handout should be Electronically: You may submit click on the ‘‘Help’’ tab at the top of the provided to the DFO thirty minutes comments, including attachments, homepage. Contact the OSHA Docket before the meeting. In addition, one electronically at: http:// Office for information about materials electronic copy of each presentation www.regulations.gov, the Federal not available through that website and should be emailed to the DFO one day eRulemaking Portal. Follow the online for assistance in using the internet to before the meeting. If an electronic copy instructions for submitting nominations. locate submissions and other documents cannot be provided within this Facsimile: If your comments, in the docket. timeframe, presenters should provide including attachments, do not exceed 10 the DFO with a CD containing each Authority and Signature pages, you may fax them to the OSHA presentation at least thirty minutes Docket Office at (202) 693–1648. Loren Sweatt, Acting Assistant before the meeting. Electronic Regular mail, express mail, hand Secretary of Labor for Occupational recordings will be permitted only delivery, and messenger or courier Safety and Health, authorized the during those portions of the meeting service: You may submit comments and preparation of this notice under the that are open to the public. The public attachments to the OSHA Docket Office, authority granted by 29 U.S.C. 655(b)(1) bridgeline number for the meeting is Docket No. OSHA–2017–0004, and 656(b), 5 U.S.C. App. 2, Secretary 866–822–3032, passcode 8272423. Occupational Safety and Health of Labor’s Order No. 1–2012 (77 FR Detailed procedures for the conduct of Administration, U.S. Department of 3912), and 29 CFR part 1912. and participation in ACRS meetings Labor, Room N–3653, 200 Constitution Signed at Washington, DC, on April 24, were published in the Federal Register Avenue NW, Washington, DC 20210. 2019. on December 7, 2018 (83 FR 26506). Deliveries (express mail, hand (courier) Loren Sweatt, delivery, and messenger service) are Detailed meeting agendas and meeting Acting Assistant Secretary of Labor for transcripts are available on the NRC accepted during the OSHA Docket Occupational Safety and Health. Office’s normal business hours, 10:00 website at http://www.nrc.gov/reading- a.m. to 3:00 p.m., ET. [FR Doc. 2019–08892 Filed 5–1–19; 8:45 am] rm/doc-collections/acrs. Information Requests for special accommodations: BILLING CODE 4510–26–P regarding topics to be discussed, Submit requests for special changes to the agenda, whether the accommodations for MACOSH and meeting has been canceled or workgroup meetings by May 20, 2019, to NUCLEAR REGULATORY rescheduled, and the time allotted to Danielle Watson, Occupational Safety COMMISSION present oral statements can be obtained and Health Administration, Directorate Meeting of the Advisory Committee on from the website cited above or by of Standards and Guidance, Room N– Reactor Safeguards (ACRS) contacting the identified DFO. 3609, U.S. Department of Labor, 200 Subcommittee on Future Plant Designs Moreover, in view of the possibility that Constitution Avenue NW, Washington, the schedule for ACRS meetings may be DC 20210; telephone (202) 693–2222; The ACRS Subcommittee on Future adjusted by the Chairman as necessary email [email protected]. Plant Designs will hold a meeting on to facilitate the conduct of the meeting, Instructions: All submissions must May 1, 2019 at U.S. Nuclear Regulatory persons planning to attend should check include the agency name and the OSHA Commission, Two White Flint North, with these references if such docket number for this Federal Register Conference Room T2D10, 11545 rescheduling would result in a major notice (Docket No. OSHA–2017–0004). Rockville Pike, Rockville, MD 20852. inconvenience. Because of security-related procedures, The entire meeting will be open to submissions by regular mail may result public attendance. The agenda for the If attending this meeting, please enter in a significant delay in receipt. Please subject meeting shall be as follows: through the One White Flint North contact the OSHA Docket Office for building, 11555 Rockville Pike, information about security procedures Wednesday, May 1, 2019—1:00 p.m. Rockville, Maryland. After registering for making submissions by express mail, Until 5:00 p.m. with Security, please contact Paula hand (courier) delivery, and messenger The Subcommittee will review and Dorm (Telephone 301–415–7799) to be service. discuss the update on Advanced Reactor escorted to the meeting room.

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Dated: April 29, 2019. allotted to present oral statements can within this timeframe, presenters Kent Howard, be obtained by contacting the identified should provide the DFO with a CD Acting Chief, Technical Support Branch, DFO. Moreover, in view of the containing each presentation at least Advisory Committee on Reactor Safeguards. possibility that the schedule for ACRS thirty minutes before the meeting. [FR Doc. 2019–08988 Filed 5–1–19; 8:45 am] meetings may be adjusted by the Electronic recordings will be permitted BILLING CODE 7590–01–P Chairman as necessary to facilitate the only during those portions of the conduct of the meeting, persons meeting that are open to the public. The planning to attend should check with public bridgeline number for the NUCLEAR REGULATORY the DFO if such rescheduling would meeting is 866–822–3032, passcode COMMISSION result in a major inconvenience. 8272423. Detailed procedures for the If attending this meeting, please enter conduct of and participation in ACRS Meeting of the Advisory Committee on through the One White Flint North meetings were published in the Federal Reactor Safeguards (ACRS) building, 11555 Rockville Pike, Register on December 7, 2018 (83 FR Subcommittee on Planning and Rockville, Maryland. After registering 26506). Procedures with Security, please contact Paula Information regarding changes to the Dorm (Telephone 301–415–7799) to be The ACRS Subcommittee on Planning agenda, whether the meeting has been escorted to the meeting room. and Procedures will hold a meeting on canceled or rescheduled, and the time May 2, 2019, at the U.S. Nuclear Dated: April 29, 2019. allotted to present oral statements can Regulatory Commission, Two White Kent Howard, be obtained by contacting the identified Flint North, Conference Room T2D10, Acting Chief, Technical Support Branch, DFO. Moreover, in view of the 11545 Rockville Pike, Rockville, MD Advisory Committee on Reactor Safeguards. possibility that the schedule for ACRS meetings may be adjusted by the 20852. [FR Doc. 2019–08990 Filed 5–1–19; 8:45 am] Chairman as necessary to facilitate the The meeting will be open to public BILLING CODE 7590–01–P attendance. conduct of the meeting, persons The agenda for the subject meeting planning to attend should check with shall be as follows: NUCLEAR REGULATORY the DFO if such rescheduling would COMMISSION result in a major inconvenience. Thursday, May 2, 2019—12:00 a.m. If attending this meeting, please enter Until 1:00 p.m. Meeting of the Advisory Committee on through the One White Flint North The Subcommittee will discuss Reactor Safeguards (ACRS) building, 11555 Rockville Pike, proposed ACRS activities and related Subcommittee on Planning and Rockville, Maryland. After registering matters. The Subcommittee will gather Procedures with Security, please contact Paula information, analyze relevant issues and Dorm (Telephone 301–415–7799) to be The ACRS Subcommittee on Planning escorted to the meeting room. facts, and formulate proposed positions and Procedures will hold a meeting on and actions, as appropriate, for June 5, 2019, at the U.S. Nuclear Dated: April 29, 2019. deliberation by the Full Committee. Regulatory Commission, Two White Kent Howard, Members of the public desiring to Flint North, Conference Room T2D10, Acting Chief, Technical Support Branch, provide oral statements and/or written 11545 Rockville Pike, Rockville, MD Advisory Committee on Reactor Safeguards. comments should notify the Designated 20852. [FR Doc. 2019–08989 Filed 5–1–19; 8:45 am] Federal Official (DFO), Quynh Nguyen The meeting will be open to public BILLING CODE 7590–01–P (Telephone 301–415–5844 or Email: attendance. [email protected]) five days prior The agenda for the subject meeting to the meeting, if possible, so that shall be as follows: NUCLEAR REGULATORY arrangements can be made. Thirty-five COMMISSION hard copies of each presentation or Wednesday, June 5, 2019—12:15 a.m. handout should be provided to the DFO Until 1:15 p.m. [NRC–2018–0230] thirty minutes before the meeting. In The Subcommittee will discuss Draft Approaches for Addressing addition, one electronic copy of each proposed ACRS activities and related Training and Experience Requirements presentation should be emailed to the matters. The Subcommittee will gather for Radiopharmaceuticals Requiring a DFO one day before the meeting. If an information, analyze relevant issues and Written Directive electronic copy cannot be provided facts, and formulate proposed positions within this timeframe, presenters and actions, as appropriate, for AGENCY: Nuclear Regulatory should provide the DFO with a CD deliberation by the Full Committee. Commission. containing each presentation at least Members of the public desiring to ACTION: Draft approaches for training thirty minutes before the meeting. provide oral statements and/or written and experience requirements; request Electronic recordings will be permitted comments should notify the Designated for comment and notice of public only during those portions of the Federal Official (DFO), Quynh Nguyen meetings. meeting that are open to the public. The (Telephone 301–415–5844 or Email: public bridgeline number for the [email protected]) five days prior SUMMARY: The U.S. Nuclear Regulatory meeting is 866–822–3032, passcode to the meeting, if possible, so that Commission (NRC) would like input on 8272423. Detailed procedures for the arrangements can be made. Thirty-five draft approaches the staff has developed conduct of and participation in ACRS hard copies of each presentation or that would potentially revise the meetings were published in the Federal handout should be provided to the DFO training and experience (T&E) Register on December 7, 2018 (83 FR thirty minutes before the meeting. In requirements for radiopharmaceuticals 26506). addition, one electronic copy of each requiring a written directive. The input Information regarding changes to the presentation should be emailed to the will be used to determine whether agenda, whether the meeting has been DFO one day before the meeting. If an regulatory changes to the NRC’s T&E canceled or rescheduled, and the time electronic copy cannot be provided requirements for authorized users (AUs)

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are warranted and potential advantages, nrc.gov. The ADAMS accession number whether and how to tailor those disadvantages, and other considerations for each document referenced is requirements. Revising the T&E associated with each approach. provided the first time that it is requirements could provide additional DATES: Submit comments by June 3, mentioned in the SUPPLEMENTARY pathways for physicians to become AUs 2019. Comments received after this date INFORMATION section. for specific types of • will be considered if it is practical to do NRC’s PDR: You may examine and radiopharmaceuticals under 10 CFR so, but the NRC is only able to ensure purchase copies of public documents at 35.300, ‘‘Use of unsealed byproduct consideration for comments received on the NRC’s PDR, Room O1–F21, One material for which a written directive is or before this date. Two public meetings White Flint North, 11555 Rockville required.’’ to solicit comments will be held on May Pike, Rockville, Maryland 20852. As part of the needed additional 14, 2019 and May 23, 2019. B. Submitting Comments outreach discussed in SECY–18–0084, ADDRESSES: You may submit comments the NRC published a notice in the Please include Docket ID NRC–2018– Federal Register on October 29, 2018 by any of the following methods: 0230 in your comment submission. The • Federal Rulemaking Website: Go to (83 FR 54380) requesting comments on NRC cautions you not to include the staff’s evaluation of the T&E http://www.regulations.gov and search identifying or contact information in requirements for radiopharmaceuticals for Docket ID NRC–2018–0230. Address comment submissions that you do not under 10 CFR 35.300. The NRC held questions about NRC dockets IDs in want to be publicly disclosed in your four public meetings on this topic and regulations.gov to Jennifer Borges; comment submission. All comment collected public comments through telephone: 301–287–9127; email: submissions are posted at http:// January 29, 2019. Public comments and [email protected]. For technical www.regulations.gov and entered into meeting transcripts are available on the questions, contact the individual listed ADAMS. Comment submissions are not Federal Rulemaking website at https:// in the FOR FURTHER INFORMATION routinely edited to remove identifying www.regulations.gov/ under Docket ID CONTACT section of this document. or contact information. • Mail comments to: Office of If you are requesting or aggregating NRC–2018–0230. Following the Administration, Mail Stop: TWFN–7– comments from other persons for conclusion of the initial public A60M, U.S. Nuclear Regulatory submission to the NRC, then you should comment period, the staff developed Commission, Washington, DC 20555– inform those persons not to include several draft approaches to address the 0001, ATTN: Program Management, identifying or contact information that directions in SRM–M170817. The NRC Announcements and Editing Staff. they do not want to be publicly is now interested in obtaining input on For additional direction on obtaining disclosed in their comment submission. these draft approaches. information and submitting comments, Your request should state that the NRC During the comment period between see ‘‘Obtaining Information and does not routinely edit comment May 2, 2019, and June 3, 2019, the NRC Submitting Comments’’ in the submissions to remove such information will hold two public meetings to discuss SUPPLEMENTARY INFORMATION section of before making the comment the draft approaches in this document this document. submissions available to the public or and accept oral comments on those draft approaches. Both public meetings will FOR FURTHER INFORMATION CONTACT: entering the comment into ADAMS. be available for remote participation by Sarah Lopas, Office of Nuclear Material II. Background moderated bridge line and webinar and Safety and Safeguards, U.S. Nuclear one meeting will also be open for in- Regulatory Commission, Washington, On August 17, 2017, the Commission person attendance at the NRC’s DC 20555–0001; telephone: 301–415– issued a staff requirements headquarters in Rockville, Maryland. 6360, email: [email protected]. memorandum (SRM), SRM–M170817 (ADAMS Accession No. ML17229B284) The public meetings are scheduled for SUPPLEMENTARY INFORMATION: directing the staff to evaluate: (1) May 14, 2019 (webinar and in-person I. Obtaining Information and Whether it makes sense to establish attendance) and May 23, 2019 (webinar- Submitting Comments tailored T&E requirements for different only). The public meetings will be categories of radiopharmaceuticals, (2) noticed on the NRC’s public meeting A. Obtaining Information how those categories should be website at least 10 calendar days before Please refer to Docket ID NRC–2018– determined (such as by risks posed by each meeting. Members of the public 0230 when contacting the NRC about groups of radionuclides or by delivery should monitor the NRC’s public the availability of information for this method), (3) what the appropriate T&E meeting website at https://www.nrc.gov/ action. You may obtain publicly- requirements would be for each pmns/mtg. The NRC will also post the available information related to this category, and (4) whether those meeting notices on the Federal action by any of the following methods: requirements should be based on hours Rulemaking website at https:// • Federal Rulemaking Website: Go to of T&E or focused more on competency. www.regulations.gov/ under Docket ID http://www.regulations.gov and search In response to the SRM, the NRC staff NRC–2018–0230. for Docket ID NRC–2018–0230. documented its initial results, status, The NRC may post additional • NRC’s Agencywide Documents and next steps related to this evaluation materials related to this document, Access and Management System in SECY–18–0084, ‘‘Staff Evaluation of including public comments, on the (ADAMS): You may obtain publicly- Training and Experience Requirements Federal Rulemaking website. The available documents online in the for Administering Different Categories Federal Rulemaking website allows you ADAMS Public Documents collection at of Radiopharmaceuticals in Response to to receive alerts when changes or http://www.nrc.gov/reading-rm/ SRM–M170817’’ (ADAMS Package additions occur in a docket folder. To adams.html. To begin the search, select Accession No. ML18135A276). subscribe: (1) Navigate to the docket ‘‘Begin Web-based ADAMS Search.’’ For In SECY–18–0084, the staff concluded folder NRC–2018–0230; (2) click the problems with ADAMS, please contact that it may be feasible to establish ‘‘Sign up for Email Alerts’’ link; and (3) the NRC’s Public Document Room (PDR) tailored T&E requirements however, enter your email address and select how reference staff at 1–800–397–4209, 301– additional outreach with the medical frequently you would like to receive 415–4737, or by email to pdr.resource@ community was needed to determine emails (daily, weekly, or monthly).

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III. Draft Approaches for Comment alpha- or beta-emitting C. Performance-Based The NRC staff has developed the radiopharmaceutical. The T&E would The approaches described in this following draft approaches based on consist of 200 hours of classroom and section would remove prescriptive T&E input received during the initial public laboratory training and a minimum of requirements from the regulations and comment period and the Advisory 200 hours of supervised work instead would focus oversight on the Committee on Medical Uses of Isotopes experience tailored to alpha- and beta- performance-based aspects of a T&E subcommittee’s report dated emitting radiopharmaceuticals. licensee’s medical program for the February 27, 2019 (ADAMS Accession Preceptor attestation would be required. administration of radiopharmaceuticals. No. ML19058A598). The NRC is • Question 4: How should the NRC 1. Competency-Based Evaluation requesting comments on the draft categorize radiopharmaceuticals with approaches, including potential mixed emissions? Under this approach, proposed AUs advantages, disadvantages, and other would be required to demonstrate 2. Limited AU for Unit-Dose, Patient- competency in radiation safety topics considerations associated with each and Ready Radiopharmaceuticals whether some approaches could be and radiation safety-related job duties revised, combined, or if more than one Under this approach, any physician through a formal competency evaluation approach could be implemented. The could complete at least 400 hours of (e.g., an examination or preceptor NRC staff is also requesting input on T&E to be authorized to administer any attestation). specific questions associated with the unit-dose, patient-ready • Question 6: How could a approaches. radiopharmaceutical. The T&E would competency-based evaluation ensure consist of 200 hours of classroom and appropriate training and experience for A. Status Quo laboratory training and a minimum of AUs administering ‘‘Status Quo’’ presents no changes to 200 hours of supervised work radiopharmaceuticals? the current T&E requirements for experience tailored to unit-dose, 2. Credentialing of Authorized Users radiopharmaceuticals requiring a patient-ready radiopharmaceuticals. written directive under 10 CFR 35.300. Preceptor attestation would be required. Under this approach, the NRC would • Question 1: If the ‘‘Status Quo’’ is • Question 5: Under what conditions no longer review and approve T&E maintained, how should the NRC ready should a radiopharmaceutical be qualifications for all AUs under 10 CFR itself for the expected increase in considered ‘‘patient ready’’ such that part 35. Instead, licensees would number and complexity of future the T&E requirements could be tailored? develop and use their own policies and radiopharmaceuticals? procedures to make self-determinations • Question 2: Is there a challenge 3. Limited AU for Any One Parenteral of whether their credentialed physicians with the current T&E requirements— Radiopharmaceutical have the appropriate T&E to be an AU such as concerns regarding patient Under this approach any physician for one or more radiopharmaceuticals access to radiopharmaceuticals—that could complete at least 400 hours of under 10 CFR 35.300. Licensees would should be addressed through a T&E to be authorized to administer any be required to maintain a training rulemaking? one parenteral radiopharmaceutical. program that ensures compliance with B. Tailored Training and Experience The T&E would consist of 200 hours of the requirements in 10 CFR 35.41, Requirements classroom and laboratory training and a ‘‘Procedures for administrations minimum of 200 hours of supervised requiring a written directive,’’ and 10 The four approaches under this CFR part 20, ‘‘Standards for Protection section would modify the existing T&E work experience tailored to the radiopharmaceutical they wish to Against Radiation.’’ requirements under 10 CFR 35.390, • Question 7: How could physicians administer. Preceptor attestation would ‘‘Training for use of unsealed byproduct in small practices be credentialed (e.g., be required. Limited AUs who have material for which a written directive is physicians not associated with hospitals initially completed their at least 400 required.’’ The approaches described or other large institutions and their hours of T&E and then wish to under Sections B.1, B.2, and B.3 would credentialing boards)? require a set amount of T&E tailored to administer a different the specific radiopharmaceuticals, and radiopharmaceutical would be required D. Team-Based the ‘‘Emerging Radiopharmaceuticals’’ to complete, minimally, an additional Team-based approaches could remove approach described under Section B.4 80 hours of tailored, supervised work prescriptive T&E requirements for AUs, would tailor T&E requirements for each experience for each additional focus training requirements on the new radiopharmaceutical as they were radiopharmaceutical. competency of the entire team, or revise developed, similar to the approach for 4. Emerging Radiopharmaceuticals the current 700-hour T&E requirement regulating new technologies under 10 for AUs based on pairing the AU with CFR 35.1000, ‘‘Other Medical Uses of Like the NRC’s regulations at 10 CFR another individual with expertise in Byproduct Material or Radiation from 35.1000, under this approach the NRC administering radiopharmaceuticals. Byproduct Material.’’ would conduct individual reviews of • Question 8: How should the AU’s • Question 3: How should the each new emerging radiopharmaceutical radiation safety responsibilities be complexity of the radiopharmaceutical to determine T&E requirements specific clearly distinguished from other administration protocol be considered to the new radiopharmaceutical. The members of the team? in establishing the T&E requirements for T&E requirements could be tailored to 1. Radiopharmaceutical Team the limited approaches described in consider potential users of the Sections B.1 and B.2 below? radiopharmaceutical (e.g., non-nuclear Licensees would need a team to medicine or non-radiation oncology administer radiopharmaceuticals under 1. Limited AU for Alpha- or Beta- physicians wishing to administer the 10 CFR 35.300. The team would Emitting Radiopharmaceuticals radiopharmaceutical for their patients minimally consist of an AU, a radiation Under this approach, any physician with indicated cancers), thus creating safety officer, and a nuclear medicine could complete at least 400 hours of alternate T&E pathways for each new technologist. Additional team members T&E to be authorized to administer any radiopharmaceutical. could include an authorized medical

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physicist, a health physicist, an • Question 10: What are the DATES: Comments are due: May 3, 2019. authorized nuclear pharmacist, and advantages and disadvantages of the ADDRESSES: Submit comments other physicians that manage patient draft approaches? electronically via the Commission’s care. The T&E for the • Question 11: Are there significant Filing Online system at http:// radiopharmaceutical team approach costs or benefits associated with any of www.prc.gov. Those who cannot submit would be performance-based: Licensees the approaches? comments electronically should contact • would develop policies and procedures Question 12: Would any of the draft the person identified in the FOR FURTHER to address how their teams would meet approaches impact patient access to INFORMATION CONTACT section by the requirements in 10 CFR 35.41 and radiopharmaceuticals or address telephone for advice on filing 10 CFR part 20. stakeholder concerns of overly alternatives. burdensome (regulatory) requirements? 2. Team AUs With Authorized • Question 13: For the draft FOR FURTHER INFORMATION CONTACT: Administrators approaches that consider tailored hours David A. Trissell, General Counsel, at Licensees would need both an AU of T&E, what are the appropriate 202–789–6820. and an authorized administrator (AA) to numbers of hours and what radiation SUPPLEMENTARY INFORMATION: administer radiopharmaceuticals under safety topics should comprise the Table of Contents 10 CFR 35.300. AAs would be limited T&E? individuals authorized by the licensee • Question 14: Should the NRC I. Introduction to administer radiopharmaceuticals in consider inclusion of a formal radiation II. Docketed Proceeding(s) accordance with the written directive safety competency assessment and I. Introduction (e.g., a nuclear medicine technologist or periodic reassessments for any of the The Commission gives notice that the a nuclear medicine advanced associate). draft approaches above? If so, who Postal Service filed request(s) for the The T&E for AUs would be should establish and administer these Commission to consider matters related performance-based and focus on the assessments? to negotiated service agreement(s). The • Question 15: How would the draft licensee’s policies and procedures for request(s) may propose the addition or approaches impact the medical written directives, reporting medical removal of a negotiated service organizations that use the NRC’s T&E events, and patient release criteria. agreement from the market dominant or requirements as a basis for establishing Because AAs would be physically the competitive product list, or the administering radiopharmaceuticals, their training programs? • Question 16: Are there concerns modification of an existing product AAs would be required to have training currently appearing on the market on radiation safety, written directives, regarding implementation and/or viability for any of the approaches dominant or the competitive product preparation and administration list. protocols (or vendor training, if discussed above? • Question 17: Are there any Section II identifies the docket available), patient release criteria, and number(s) associated with each Postal medical event reporting. unintended consequences of the draft approaches? Service request, the title of each Postal 3. Partner Limited-Trained AUs With • Question 18: Which of the draft Service request, the request’s acceptance Authorized Nuclear Pharmacists approaches best positions the NRC to date, and the authority cited by the Postal Service for each request. For each The T&E for AUs would be at least effectively regulate future request, the Commission appoints an 400 hours, however, the AU would be radiopharmaceuticals? • officer of the Commission to represent required to physically partner with an Question 19: Should the NRC the interests of the general public in the authorized nuclear pharmacist (ANP) continue to play a role in the review and proceeding, pursuant to 39 U.S.C. 505 for all administrations of approval of AUs? (Public Representative). Section II also radiopharmaceuticals. Unlike the Dated at Rockville, Maryland, this 29th day establishes comment deadline(s) approaches in Sections D.1 and D.2 of April 2019. pertaining to each request. above, prescriptive T&E would be For the Nuclear Regulatory Commission. The public portions of the Postal required for the AU in this approach Andrea L. Kock, Service’s request(s) can be accessed via due to the AU’s more prominent role in Director, Division of Materials Safety, the Commission’s website (http:// the administration of Security, State, and Tribal Programs, Office www.prc.gov). Non-public portions of radiopharmaceuticals. The minimum of of Nuclear Material Safety and Safeguards. the Postal Service’s request(s), if any, 400 hours of T&E for the physician [FR Doc. 2019–08996 Filed 5–1–19; 8:45 am] can be accessed through compliance partnering with an ANP would be BILLING CODE 7590–01–P with the requirements of 39 CFR focused on supervised work experience 3007.301.1 and patient cases, and preceptor The Commission invites comments on attestation would be required. The AU POSTAL REGULATORY COMMISSION whether the Postal Service’s request(s) would be responsible for administration [Docket No. CP2019–144] in the captioned docket(s) are consistent of radiopharmaceuticals in accordance with the policies of title 39. For with the written directive, and the ANP New Postal Product request(s) that the Postal Service states would be responsible for radiation concern market dominant product(s), safety-related duties. AGENCY: Postal Regulatory Commission. applicable statutory and regulatory • Question 9: How should the ACTION: Notice. requirements include 39 U.S.C. 3622, 39 radiation safety responsibilities be U.S.C. 3642, 39 CFR part 3010, and 39 divided between the AU and ANP? SUMMARY: The Commission is noticing a recent Postal Service filing for the CFR part 3020, subpart B. For request(s) IV. Additional Questions for Commission’s consideration concerning that the Postal Service states concern Consideration a negotiated service agreement. This 1 See Docket No. RM2018–3, Order Adopting The NRC is requesting input on the notice informs the public of the filing, Final Rules Relating to Non-Public Information, following questions as they relate to the invites public comment, and takes other June 27, 2018, Attachment A at 19–22 (Order No. draft approaches discussed above. administrative steps. 4679).

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competitive product(s), applicable removal of a negotiated service This Notice will be published in the statutory and regulatory requirements agreement from the market dominant or Federal Register. include 39 U.S.C. 3632, 39 U.S.C. 3633, the competitive product list, or the Stacy L. Ruble, 39 U.S.C. 3642, 39 CFR part 3015, and modification of an existing product Secretary. 39 CFR part 3020, subpart B. Comment currently appearing on the market [FR Doc. 2019–08981 Filed 5–1–19; 8:45 am] deadline(s) for each request appear in dominant or the competitive product section II. list. BILLING CODE 7710–FW–P II. Docketed Proceeding(s) Section II identifies the docket 1. Docket No(s).: CP2019–144; Filing number(s) associated with each Postal SECURITIES AND EXCHANGE Title: Notice of United States Postal Service request, the title of each Postal COMMISSION Service of Filing a Functionally Service request, the request’s acceptance date, and the authority cited by the [Release No. 34–85727; File No. SR–CBOE– Equivalent Global Reseller Expedited 2019–025] Package 2 Negotiated Service Agreement Postal Service for each request. For each and Application for Non-Public request, the Commission appoints an Self-Regulatory Organizations; Cboe Treatment of Materials Filed Under officer of the Commission to represent Exchange, Inc.; Notice of Filing and Seal; Filing Acceptance Date: April 25, the interests of the general public in the Immediate Effectiveness of Proposed 2019; Filing Authority: 39 CFR 3015.5; proceeding, pursuant to 39 U.S.C. 505 Rule Change To Amend Chapter 17 of Public Representative: Christopher C. (Public Representative). Section II also the Cboe Options Rules Mohr; Comments Due: May 3, 2019. establishes comment deadline(s) This Notice will be published in the pertaining to each request. April 26, 2019. Federal Register. Pursuant to Section 19(b)(1) of the The public portions of the Postal Securities Exchange Act of 1934 Ruth Ann Abrams, Service’s request(s) can be accessed via (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Acting Secretary. the Commission’s website (http:// notice is hereby given that on April 17, [FR Doc. 2019–08872 Filed 5–1–19; 8:45 am] www.prc.gov). Non-public portions of 2019, Cboe Exchange, Inc. (‘‘Cboe BILLING CODE 7710–FW–P the Postal Service’s request(s), if any, Options’’ or the ‘‘Exchange’’) filed with can be accessed through compliance the Securities and Exchange with the requirements of 39 CFR Commission (‘‘Commission’’) the POSTAL REGULATORY COMMISSION 3007.301.1 proposed rule change as described in [Docket No. CP2019–145] The Commission invites comments on Items I, II, and III below, which Items whether the Postal Service’s request(s) have been prepared by the Exchange. New Postal Product in the captioned docket(s) are consistent The Exchange filed the proposal as a AGENCY: Postal Regulatory Commission. with the policies of title 39. For ‘‘non-controversial’’ proposed rule request(s) that the Postal Service states change pursuant to Section ACTION: Notice. 3 concern market dominant product(s), 19(b)(3)(A)(iii) of the Act and Rule 19b–4(f)(6) thereunder.4 The SUMMARY: The Commission is noticing a applicable statutory and regulatory Commission is publishing this notice to recent Postal Service filing for the requirements include 39 U.S.C. 3622, 39 solicit comments on the proposed rule Commission’s consideration concerning U.S.C. 3642, 39 CFR part 3010, and 39 change from interested persons. a negotiated service agreement. This CFR part 3020, subpart B. For request(s) notice informs the public of the filing, that the Postal Service states concern I. Self-Regulatory Organization’s invites public comment, and takes other competitive product(s), applicable Statement of the Terms of Substance of administrative steps. statutory and regulatory requirements the Proposed Rule Change DATES: Comments are due: May 6, 2019. include 39 U.S.C. 3632, 39 U.S.C. 3633, Cboe Exchange, Inc. (the ‘‘Exchange’’ ADDRESSES: Submit comments 39 U.S.C. 3642, 39 CFR part 3015, and or ‘‘Cboe Options’’) proposes to amend electronically via the Commission’s 39 CFR part 3020, subpart B. Comment Chapter 17 of the Cboe Options Rules. Filing Online system at http:// deadline(s) for each request appear in The text of the proposed rule change is www.prc.gov. Those who cannot submit section II. provided in Exhibit 5. comments electronically should contact The text of the proposed rule change the person identified in the FOR FURTHER II. Docketed Proceeding(s) is also available on the Exchange’s INFORMATION CONTACT section by website (http://www.cboe.com/ telephone for advice on filing 1. Docket No(s).: CP2019–145; Filing AboutCBOE/CBOELegalRegulatory alternatives. Title: Notice of the United States Postal Service of Filing a Functionally Home.aspx), at the Exchange’s Office of FOR FURTHER INFORMATION CONTACT: Equivalent Global Plus 1E Negotiated the Secretary, and at the Commission’s David A. Trissell, General Counsel, at Public Reference Room. 202–789–6820. Service Agreement and Application for Non-Public Treatment of Materials Filed II. Self-Regulatory Organization’s SUPPLEMENTARY INFORMATION: Under Seal; Filing Acceptance Date: Statement of the Purpose of, and Table of Contents April 26, 2019; Filing Authority: 39 CFR Statutory Basis for, the Proposed Rule I. Introduction 3015.5; Public Representative: Kenneth Change II. Docketed Proceeding(s) R. Moeller; Comments Due: May 6, In its filing with the Commission, the 2019. I. Introduction Exchange included statements concerning the purpose of and basis for The Commission gives notice that the Postal Service filed request(s) for the 1 See Docket No. RM2018–3, Order Adopting 1 15 U.S.C. 78s(b)(1). Commission to consider matters related Final Rules Relating to Non-Public Information, 2 17 CFR 240.19b–4. to negotiated service agreement(s). The June 27, 2018, Attachment A at 19–22 (Order No. 3 15 U.S.C. 78s(b)(3)(A)(iii). request(s) may propose the addition or 4679). 4 17 CFR 240.19b–4(f)(6).

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the proposed rule change and discussed violations. The Exchange is making Affiliated Exchanges. Moreover, the any comments it received on the these updates in an effort to adopt new Exchange proposes timing and tolling of proposed rule change. The text of these roles for the Exchange’s Business certain periods in connection with statements may be examined at the Conduct Committee (‘‘BCC’’) 7 and Chief various stages of the proceedings under places specified in Item IV below. The Regulatory Officer (‘‘CRO’’) 8 and to Chapter 17 that are different from the Exchange has prepared summaries, set increase efficiency and fairness in the timing in the Affiliated Exchanges’ forth in sections A, B, and C below, of Exchange’s disciplinary process. The corresponding rules. The Exchange also the most significant aspects of such Exchange proposes updates to Chapter proposes updates to certain aspects of statements. 17 to reflect the new roles of the CRO the review process intended to A. Self-Regulatory Organization’s and the Hearing Panel in the streamline the overall disciplinary Statement of the Purpose of, and disciplinary process, which are process. Finally, the Exchange is Statutory Basis for, the Proposed Rule consistent with that of the Exchange’s updating certain rules to correct minor Change affiliate exchanges: Cboe BZX Exchange, errors or update obsolete/outdated Inc. (‘‘Cboe BZX’’); 9 Cboe BYX language as needed. 1. Purpose Exchange, Inc. (‘‘Cboe BYX’’); 10 Cboe Current Exchange Rules and EDGX Exchange, Inc. (‘‘Cboe EDGX’’); 11 The Exchange is proposing to update Adjudicatory Process processes and related rules concerning and Cboe EDGA Exchange, Inc. (‘‘Cboe investigative and disciplinary matters EDGA’’) 12 (collectively, and hereinafter, The Exchange rules currently divided involving Exchange Trading Permit referred to as the ‘‘Affiliated responsibility for the adjudication of its Holders (‘‘TPHs’’) 5 and persons Exchanges’’).13 The Exchange also rules into two categories: (1) Rules for associated with Trading Permit Holders proposes additional changes to reflect which the BCC and BCC Hearing Panels (‘‘associated persons’’).6 Specifically, certain other language and provisions of are responsible for adjudicating formal the Exchange is updating its rules and the Affiliated Exchanges, particularly disciplinary proceedings; and (2) rules processes related to (1) complaints and regarding ex parte communications 14 under which fines may be assessed in investigations; (2) expedited and impartiality of Hearing Panel lieu of formal disciplinary action. With proceedings; (3) the issuance of charges members.15 In addition, the Exchange is respect to violations that are adjudicated (and answers thereto); (4) hearings making technical and conforming by the BCC and Hearing Panels, Rule (including decisions made pursuant to a updates to its minor rule violation 17.4(b) requires the BCC to direct hearing and the review of decisions); (5) rules.16 The updates reflecting the rules Regulatory staff (‘‘Staff’’) 17 to prepare a summary proceedings; (6) settlements; of the Affiliated Exchanges contain statement of charges whenever it (7) judgment and sanctions; (8) service some nuance. The most notable appears that there is probable cause for of notice; (9) reporting to the Central difference that will remain at this time finding a violation within the Registration Depository; and (10) between Exchange rules and the rules of disciplinary jurisdiction of the imposition of fines for minor rule the Affiliated Exchanges is that BCC Exchange has occurred and formal members will be selected by the disciplinary action is warranted. 5 Pursuant to the Tenth Amended and Restated Chairperson of the BCC to comprise Alternatively, in lieu of conducting a Bylaws of the Exchange ‘‘Trading Permit Holder’’ Hearing Panels, whereas the Chief formal disciplinary proceeding, Rule means any individual, corporation, partnership, limited liability company or other entity authorized Executive Officer (‘‘CEO’’) appoints 17.50 (Imposition of Fines for Minor by the Rules that holds a Trading Permit. If a members of the Hearing Panels on the Rule Violations) provides for Trading Permit Holder is an individual, the Trading disposition of specific violations Permit Holder may also be referred to as an 7 The BCC has decision-making authority through assessment of fines.18 ‘‘individual Trading Permit Holder.’’ If a Trading concerning possible violations within the Permit Holder is not an individual, the Trading disciplinary jurisdiction of the Exchange. The BCC Current Rule 17.2 Complaint and Permit Holder may also be referred to as a ‘‘TPH is comprised of one or more TPHs or associated Investigation organization.’’ A Trading Permit Holder is a persons, one or more public representatives, and ‘‘member’’ solely for purposes of the Securities and may also include other individuals affiliated with Staff investigates and examines Exchange Act of 1934 (the ‘‘Act’’); however, one’s the securities, futures or derivatives industry, all as status as a Trading Permit Holder does not confer appointed by the Exchange’s Nominating and possible violations within the on that Person any ownership interest in the Governance Committee with the approval of the disciplinary jurisdiction of the Exchange. Exchange’s Board of Directors. Exchange (‘‘violations’’) whenever Staff Pursuant to Cboe Options Rule 1.1(hhh), the term 8 The CRO has general supervisory authority over determines in its sole discretion that ‘‘Trading Permit’’ means a license issued by the the Exchange’s regulatory operations, including the there is reasonable basis for it to do so.19 Exchange that grants the holder or the holder’s responsibility for overseeing its surveillance, nominee the right to access one or more of the examination, and enforcement functions and for TPHs and associated persons are facilities of the Exchange for the purpose of administering any regulatory services agreements required to cooperate with Staff effecting transactions in securities traded on the with another self-regulatory organization to which inquiries and to furnish information Exchange without the services of another person the Exchange is a party. acting as broker, and otherwise to access the 9 See Rules of Cboe BZX Exchange, Inc., 17 facilities of the Exchange for purposes of trading or specifically Rules 8.2, 8.3, 8.4, 8.6, 8.7, and 8.8. See Cboe Options Rule 17.2 Interpretation and Policy .05. References to ‘‘Regulatory staff’’ mean reporting transactions or transmitting orders or 10 See Rules of Cboe BYX Exchange, Inc., the Exchange’s employees in the Regulatory quotations in securities traded on the Exchange, or specifically Rules 8.2, 8.3, 8.4, 8.6, 8.7, and 8.8. to engage in other activities that, under the Rules, Division, and, as applicable, may also mean 11 See Rules of Cboe EDGA Exchange, Inc., may only be engaged in by Trading Permit Holders, employees of the Financial Industry Regulatory specifically Rules 8.2, 8.3, 8.4, 8.6, 8.7, and 8.8. provided that the holder or the holder’s nominee, Authority, Inc. (‘‘FINRA’’) who are performing 12 as applicable, satisfies any applicable qualification See Rules of Cboe EDGX Exchange, Inc., regulatory services to the Exchange in accordance requirements to exercise those rights. specifically Rules 8.2, 8.3, 8.4, 8.6, 8.7, and 8.8. with the regulatory services agreement entered into 13 6 Pursuant to Cboe Options Rule 1.1(qq), the The rules under Chapter 8 of each of the between the Exchange and FINRA. ‘‘associated person’’ or ‘‘person associated with a Affiliated Exchanges are the same in number, form 18 None of the fines assessed in lieu of formal Trading Permit Holder’’ means any partner, officer, and substance. Therefore, the Exchange refers disciplinary action exceed $5000. Under Rule director, or branch manager of a Trading Permit singularly to the corresponding rule of the 17.50(f), the Exchange may refer matters covered Holder (or any person occupying a similar status or ‘‘Affiliated Exchanges’’ throughout this proposed under Rule 17.50 for formal disciplinary action performing similar functions), any person directly rule filing. whenever it determines that any violation is or indirectly controlling, controlled by, or under 14 See the Affiliated Exchanges’ Rule 8.16. intentional, egregious or otherwise not minor in common control with a Trading Permit Holder, or 15 See the Affiliated Exchanges’ Rule 8.6. nature. any employee of a Trading Permit Holder. 16 See the Affiliated Exchanges’ Rule 8.15. 19 See Cboe Options Rule 17.2(a).

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requested in connection with terminate the negotiations.33 Following below), hearings on charges are held investigations and examinations.20 termination of the negotiations, the before one or more members of the Staff have [sic] the sole discretion to Subject has 15 days to submit a written BCC.44 The person or persons determine whether to request the BCC statement to the BCC, pursuant to Rule conducting the hearing exercise [sic] the authorize the issuance of a statement of 17.2, concerning why no disciplinary authority of the BCC and are [sic] charges.21 When Staff finds that a action should be taken.34 The BCC may referred to as the ‘‘Panel.’’ 45 The violation has occurred and formal accept or reject the letter of consent.35 Exchange and the Respondent are regulatory action is warranted, Staff If the BCC accepts the letter, it may parties to the hearing.46 Where a TPH submits a written report (‘‘report’’) of adopt the letter as its decision.36 If the organization (as opposed to a TPH who the investigation to the BCC.22 When BCC rejects the letter, the matter is an individual or an associated person) Staff finds that a violation has occurred proceeds as if the letter had not been is a party, it is represented by one of its but non-formal disciplinary action is submitted. The BCC’s decision to accept TPHs (including nominees).47 The warranted (e.g. cautionary letters) Staff or reject the letter is final.37 parties are given at least 15 days’ notice may, in its sole discretion, impose non- of the time and place of the hearing.48 formal disciplinary action without Current Rule 17.4 Charges Not less than five days in advance of the submitting a report to the BCC.23 If Staff When it appears to the BCC from the hearing date, the parties must furnish finds that there are not reasonable Staff’s report pursuant to Rule 17.2(c) copies of all documentary evidence they grounds to determine a violation has that no probable cause exists for finding wish to present at the hearing and a list been committed Staff may, in its sole a violation occurred or if the BCC of witnesses they intend to present at discretion, close the investigation otherwise determines that no further the hearing.49 If the time and nature of without submitting a report to the action is warranted, the BCC issues a the proceedings permit, the parties meet BCC.24 written statement setting out its reasons in a pre-hearing conference in order to Prior to submitting a report to the for that finding.38 When the BCC clarify and simplify issues, and BCC, Staff must notify the subject of the determines probable cause exists for otherwise expedite the proceeding, At report (‘‘Subject’’) of the nature of the finding a violation occurred and further the pre-hearing conference, the parties alleged violations.25 Unless the BCC proceedings are warranted, the BCC must attempt to reach agreement decides expeditious action is required, directs Staff to prepare a statement of respecting authenticity of documents, the Subject has 15 days to submit a charges against the Subject (thereafter a facts not in dispute, and any other items written statement to the BCC concerning ‘‘Respondent’’) specifying the acts for in order to expedite the hearing. At the why no disciplinary action should be which the Respondent is charged and request of any party, the Panel or Panel taken.26 The Subject may request access setting forth the specific violations.39 A Chairperson hears and decides the pre- to documents in the investigative file, Respondent may request access to the hearing issues not resolved among the furnished by the Subject or the Subject’s investigative file within 60 calendar parties. Generally, interlocutory Board agents, to assist the Subject in preparing days of receiving notice of a statement review of any decision made by the such a written statement.27 The Subject of charges.40 The Staff, however, may Panel prior to hearing completion is may also submit a videotaped response protect the identity of a Complainant in prohibited, and permitted only if the in lieu of a written statement, the length providing such documents. Panel agrees to such review after and format of which is decided by the Additionally, ex parte communications determining that the issue is a Exchange.28 are prohibited between a TPH or person controlling issue of rule or policy and associated with a TPH and members of that immediate Board review would Current Rule 17.3 Expedited Proceeding the BCC or Board (and vice versa) materially advance the ultimate When the Subject receives notice of concerning the merits of any matter resolution of the case. The Panel has the the report, the Subject may seek to pending under Chapter 17.41 authority to regulate the conduct of the dispose of the matter through a letter of hearing and shall determine all consent.29 The Subject submits notice to Current Rule 17.5 Answer questions concerning the admissibility Staff electing to proceed in an expedited The Respondent has 15 days after of evidence.50 Persons who are not manner.30 The Subject and Staff may service of the statement of charges to file parties to the hearing may intervene as then negotiate a letter of consent a written answer to the statement of a party, provided that person can outlining stipulations and findings charges (‘‘Answer’’).42 The Answer demonstrate an interest in the subject of regarding the violation(s) and the specifically admits or denies any the hearing to the satisfaction of the sanctions therefore.31 Disposing of the allegation contained in the statement of Panel.51 matter via letter of consent occurs only charges and may be accompanied by Current Rule 17.7 Summary Proceedings if the Subject and Staff agree on the supporting documentation.43 terms and it is signed by the Subject.32 Notwithstanding Rule 17.6 regarding Current Rule 17.6 Hearing At any time, the Subject or Staff may hearings (described above), the BCC Subject to Rule 17.7 regarding may make a determination without a 20 See Cboe Options Rule 17.2(b). summary proceedings (described hearing and impose a penalty as to 21 See Cboe Options Rule 17.2(c). violations which the Respondent has 22 Id. 33 Id. admitted or failed to Answer or which 23 Id. 34 Id. otherwise do not appear to be in 24 Id. 35 Id. 25 See Cboe Options Rule 17.2(d). 36 Id. 44 See Cboe Options Rule 17.6(a). 26 Id. 37 Id. 45 Id. 27 Id. 38 See Cboe Options Rule 17.4(a). 46 Id. 28 See Cboe Options Interpretation and Policy .02 39 See Cboe Options Rule 17.4(b). 47 Id. to Rule 17.2. 40 See Cboe Options Rule 17.4(c). 48 See Cboe Options Rule 17.6(b). 29 See Cboe Options Rule 17.3. 41 See Cboe Options Rule 17.4(d) and 49 Id. 30 Id. Interpretations and Policies .01–.03 to Rule 17.4. 50 See Cboe Options Rule 17.6(c). 31 Id. 42 See Cboe Options Rule 17.5. 51 See Cboe Options Interpretation and Policy .01 32 Id. 43 Id. to Rule 17.6.

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dispute.52 The Respondent is served from the 120-day period.63 If the Current Rule 17.11 Judgment and with notice of summary determination, Respondent requests access to the Sanction after which the Respondent may notify investigative file pursuant to Rule 17.4, The BCC, in part, appropriately the BCC that they [sic] would like a the 120-day period is tolled during the 53 disciplines TPHs and associated persons hearing on one or more of the charges. number of days in excess of 30 days that for violations by expulsion, suspension, A Respondent’s failure to notify the BCC it takes Staff to provide access to the limitation of activities, fine, censure, that they [sic] desire a hearing investigative file.64 suspension of Trading Permits, or any constitutes an admission of the Finally, at the end of the 120-day other fitting sanction.74 Under this Rule, violations and an acceptance of the period, or after the BCC rejects the the BCC considers several factors when penalty.54 Respondent’s second offer a hearing is determining sanctions including, but Current Rule 17.8 Offers of Settlement scheduled and the hearing proceeds in not limited to, deterrence, remediation, accordance with the provisions of Rule precedent and the appropriateness of The Respondent may submit an offer 75 of settlement (‘‘offer’’) to the BCC up to 17.6.65 disgorgement and/or restitution. 120 days following service of the Current Rule 17.9 Decision Current Rule 17.12 Service of Notice statement of charges.55 If the BCC Service of charges, notices and other accepts the offer, it issues a decision Following a hearing, the Panel issues documents upon the Respondent are consistent with the terms of the offer.56 a decision (the ‘‘decision’’) determining made personally, by leaving the same at If the BCC rejects the offer, it notifies the whether the Respondent has committed the Respondent’s place of business or by Respondent and the matter proceeds as 66 a violation. The decision must also deposit in the US post office via if the offer had not been made.57 The include sanctions in cases where registered or certified mail addressed to Respondent may submit a written sanctions have been imposed. In the Respondent at the Respondent’s statement in support of an offer.58 In instances in which the Panel is not address as it appears on the books and addition, the Respondent is notified if composed of at least a majority of the records of the Exchange.76 Staff will not recommend acceptance of BCC, a majority of the BCC an offer, and the Respondent may then automatically reviews the decision. The Current Rule 17.14 Reporting the appear before the BCC to make an oral majority may affirm, reverse, or modify Central Registration Depository 59 statement in support of the offer. If the the decision or remand the matter for The Exchange reports the issuance of BCC rejects an offer that the Staff additional findings or supplemental a statement of charges and significant supports the Respondent may also proceedings.67 changes to the status of disciplinary appear before the BCC to make an oral proceedings to the Central Registration Current Rule 17.10 Review statement concerning why the BCC Depository (‘‘CRD’’).77 should consider changing its decision.60 Subject to certain conditions, the The Respondent and/or the Current Rule 17.50 Imposition of Fines Respondent is limited to two offers in Regulatory Division has 15 days after for Minor Rule Violations service of the decision to petition for connection with a statement of In lieu of commencing disciplinary 61 review of the decision by filing a copy charges. The BCC, in its discretion, proceedings, the Exchange may impose may permit the Respondent to submit of the petition with the Secretary of the Exchange and with all other parties.68 fines, not to exceed $5000, on TPHs and an additional offer during the applicable associated persons for specified Rule time period, provided the stipulation of Parties other than the petitioner may 78 submit written responses to the violations. Any person against whom facts and sanction contained in the offer a fine is imposed pursuant to Rule 17.50 petition.69 The Board or a committee of are consistent with what is deemed may contest the fine by filing an 62 the Board, whose decisions must be acceptable by the BCC. Answer, pursuant to Rule 17.5, at which ratified by the Board, conducts the Further, there are certain situations point the matter is subject to review by where the 120-day period during which review.70 The Board may affirm, reverse the BCC.79 The Answer may request a the Respondent may submit an offer or modify a decision of the BCC and the hearing if desired. Review and hearing may be reduced and/or extended. If the decision of the Board is final.71 In related to violations outlined in Rule Respondent elects to proceed in an addition, the Board may review a 17.50 are handled in the same fashion expedited manner pursuant to Rule 17.3 decision on its own motion.72 Finally, as any other matter for which a and is unable to reach a consent the Exchange’s Regulatory Oversight statement of charges has been issued.80 agreement with Staff, then any period in and Compliance Committee may apply However, subject to certain conditions, excess of 30 days from when the to the Board to have the BCC’s decision the BCC may impose certain forum fees Respondent elected to proceed in an not to initiate charges that were for review and hearing if the BCC expedited manner to the end of consent recommended by Staff, reviewed by the determines that the conduct serving as negotiations (by either Staff or the 73 Board. the basis of the action under review is Respondent’s declaration) is deducted in violation of Exchange Rules.81 The 63 See Cboe Options Interpretation and Policy Exchange lists the rules as to which the 52 See Cboe Options Rule 17.7. .01(b) to Rule 17.8. 53 Id. 64 See Cboe Options Interpretation and Policy Exchange may impose fines within Rule 54 Id. .01(d) to Rule 17.8. 17.50 itself and in regulatory circulars 55 See Cboe Options Rule 17.8(a). 65 See Cboe Options Interpretation and Policy .02 56 Id. to Rule 17.8. 74 See Cboe Options Rule 17.11(a). 57 Id. 66 See Cboe Options Rule 17.9. 75 See Cboe Options Interpretation and Policy .01 58 See Cboe Options Rule 17.8(b). 67 Id. to Rule 17.11. 59 Id. 68 See Cboe Options Rule 17.10(a)(1). 76 See Cboe Options Rule 17.12. 60 Id. 69 See Cboe Options Rule 17.10(a)(2). 77 See Cboe Options Rule 17.14. 61 See Cboe Options Interpretation and Policy 70 See Cboe Options Rule 17.10(b). 78 See Cboe Options Rule 17.50(a). .01(a) to Rule 17.8. 71 Id. 79 See Cboe Options Rule 17.50(c)(1). 62 See Cboe Options Interpretation and Policy 72 See Cboe Options Rule 17.10(c). 80 Id. .01(c) to Rule 17.8. 73 See Cboe Options Rule 17.10(d). 81 See Cboe Options Rule 17.50(c)(2).

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and notices.82 Nothing in Rule 17.50 (3) Update Interpretation and Policy shall be added to the prescribed period requires the Exchange to impose a fine .02 to Rule 17.2 by specifying standards for response. pursuant to Rule 17.50 with respect to for videotaped responses. (10) Add Rule 17.15 for ex parte the violation of any rule listed.83 For a (4) Relocate provisions related to ex communications. violation that the Exchange determines parte communications currently (11) Update the rules related to Minor is minor in nature and falls within the contained in Rule 17.4 (Charges) to Rule Rule Violations to reflect changes scope of the minor rule plan, it may 17.15 (Ex Parte Communications). This elsewhere in Chapter 17 and to remove proceed under Rule 17.50.84 A number change is consistent with the ex parte any required referral to the BCC for of listed rules within Rule 17.50 provisions under the Affiliated repeat violations. indicate that violations above a Exchanges’ Rule 8.16. (12) Update certain other outdated specified threshold or a specified (5) Update Rule 17.6 (Hearing) to: language within Chapter 17. number of repeat violations will result a. Specify that hearings on charges Detailed descriptions of the changes in referral to the BCC.85 shall be held before a Hearing Panel to specific Rules within Chapter 17 are outlined below. Proposed Updates to Exchange Rules comprised of three or five members of the BCC; Updates to Rule 17.2 Complaint and As mentioned above, the current b. Specify impartiality requirements Investigation application of the rules provides for the for members of the Hearing Panel and The Exchange replaces references to BCC to determine whether to initiate procedures for removal of members of the BCC with references to the CRO charges in a regulatory matter and to the Hearing Panel on the grounds of bias within Rule 17.2, which conforms to the determine appropriate sanctions for rule or conflict of interest. This is based on Affiliated Exchanges’ Rule 8.2. Under violations. Under the proposed change the Affiliated Exchanges’ Rule 8.6(b) as updated Rule 17.2(c), Staff will request to Rule 17.4, the CRO will replace the well as FINRA Rule 9233(a); the CRO to authorize the issuance of a BCC and accordingly, the CRO will have c. Increase the amount of time prior statement of charges when Staff finds the authority to initiate charges. Under to a hearing date the parties to a hearing there are reasonable grounds to believe the proposed changes to Rule 17.11, the must furnish documentary evidence a violation has been committed and CRO or a Hearing Panel, as applicable, (from 5 days to 10); and formal regulatory action is required. may impose disciplinary sanctions. The d. Specify that the CRO has the Additionally, the proposed change Exchange proposes corresponding authority to direct that a hearing be requires the Staff to submit a written changes elsewhere in Chapter 17 to scheduled at any time after the period report to the CRO of each investigation reflect the CRO’s authority to initiate to submit an answer to Charges instituted as a result of a complaint, charges and impose disciplinary pursuant to Rule 17.5 has elapsed. along with the current requirement that sanctions. These changes harmonize the (6) Update Rule 17.8 (Settlement) to: Staff submit reports where Staff finds CRO’s authority under Chapter 17 with a. Eliminate the 120-day period reasonable grounds that a violation has the CRO’s authority under during which a Respondent may submit occurred and formal regulatory action is corresponding Chapter 8 of the an offer of settlement (and make warranted. The Exchange notes that Affiliated Exchanges. The Exchange corresponding changes reflecting the under the Affiliated Exchange’s current believes that this transfer of authority to removal of this time period). This rules, Staff are to submit written reports the CRO maintains the independence of removal comports with the Affiliated to the CRO when an investigation has the regulatory functions of the Exchange Exchanges’ Rule 8.8; been initiated as a result of a complaint, as the CRO supervises the regulatory b. Specify that offers of settlement as well as when an investigation results functions of the Exchange, separate from will be considered by the CRO for in a finding that there are reasonable that of its business interest, reporting acceptance or rejection (as opposed to grounds to believe that a violation has directly to the Regulatory Oversight the BCC).This is a harmonizing change been committed. The Exchange notes Committee of the Board of Directors reflecting that of the Affiliated that, unlike the Affiliated Exchanges, (‘‘ROC’’). Exchanges’ Rule 8.8(b); Staff maintains the authority to impose The Exchange recommends additional c. Specify that the CRO has the non-formal disciplinary action or changes, including amendments to: discretion to grant a Respondent more determine to close an investigation than two written offers of settlement. (1) Increase the amount of time the without the submission of a report to This is a harmonizing change reflecting Subject of a regulatory report has to the CRO.89 The Exchange also notes that of the Affiliated Exchanges’ Rule submit a written statement (from 15 that, as it does today, Staff will retain 8.8(c); and days to 25). information and/or summaries regarding d. Specify that a Hearing Panel will (2) Increase the amount of time a an action or an investigation closed in grant the parties leave to present an this manner. Such information and/or Respondent has to file an Answer (from offer of settlement to the CRO. 15 days to 25). This changed is based on summaries are [sic] available to the CRO (7) Remove the requirement that a upon request and included in regulatory the Rules of the New York Stock majority of the BCC automatically Exchange (‘‘NYSE’’),86 the Financial updates to the CRO when necessary. review decisions of a Hearing Panel. Under updated Rule 17.2(d), except Industry Regulatory Authority This is a harmonizing change reflecting when the CRO determines that (‘‘FINRA’’),87 and NASDAQ PHLX, LLC that of the Affiliated Exchanges’ Rule expeditious action is required, the (‘‘PHLX’’).88 8.9. Subject may submit a written statement (8) Remove the provision that the to the CRO concerning why no 82 See Cboe Options Rule 17.50(f). Board may review the decision not to 83 Id. initiate charges upon application by the 89 See Securities Exchange Act Release No. 71371 84 Id. (January 23, 2014), 79 FR 4779 (January 29, 2014) 85 Regulatory Oversight and Compliance See Cboe Options Rule 17.50(g)(2)–(5), (7), (9)– Committee. (Notice of Filing and Immediate Effectiveness of (19). Proposed Rule To Amend CBOE’s Rules To 86 See NYSE Rule 9215. (9) Specify that if service of notice Enhance the Independence and Integrity of the 87 See FINRA Rule 9215. pursuant to Chapter 17 is made by Regulatory Functions of the Exchange) (SR–CBOE– 88 See PHLX Rule 9215. registered or certified mail, three days 2014–001).

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disciplinary action should be taken. In resolution of investigations are made current Interpretation and Policy .01(d) addition, the Exchange proposes to without regard to the actual or to Rule 17.8 (discussed below) already extend the time period the Subject has perceived business interests of the allows for tolling to extent it takes Staff to submit a written statement from 15 Exchange or any of TPHs. As a result, more than 30 calendar days (in the days, the period currently provided for the submission of written reports to the context of a total 120-day time period) in the Affiliated Exchanges’ Rule 8.2(d), CRO will help expedite the disciplinary to produce documents to a Respondent. from the date of the notice to 25 days. process while still providing TPH and Therefore, as proposed, tolling is not The Exchange further proposes to associated persons with a fair and novel within the Exchange’s specify that this 25-day period to submit efficient process. The Exchange also disciplinary process. The Exchange a written statement to the CRO will toll notes that the added submission of believes that the proposed 25 day time while a request for access to the written reports where an investigation period should be completely tolled investigative file pursuant to Rule has been instituted as a result of a while Regulatory staff prepares an 17.2(d) is pending. The Exchange also complaint serves to make the investigative file for review in order to proposes to update Rule 17.2(d) to Exchange’s complaint process provide sufficient time for a Subject to eliminate any gender-specific pronouns consistent with that of the Affiliated compose a response. The Exchange also (i.e. ‘‘he’’, ‘‘him’’, or ‘‘his).90 Finally, the Exchanges. The Exchange believes that notes that this will limit the need for the Exchange makes corresponding updates keeping the Staff’s authority in place to Exchange to provide extensions when to Interpretation and Policy .02 to Rule find reasonable grounds that formal the Subject requests more time to 17.2 to reflect the aforementioned regulatory action is or is not warranted respond. Finally, the Exchange notes changes to Rule 17.2(d) and to set forth and to impose the appropriate non- that the addition of a time limit of standards for videotaped responses. formal or closing actions where videotaped responses, consistent with Such responses are consistent with warranted without providing a formal current Commission enforcement current Securities and Exchange report to the CRO will continue to guidelines, 94 and the accompaniment Commission (‘‘Commission’’) support the independence and integrity by a written transcript serves the enforcement guidelines, specifically the of the regulatory functions of the interest of expediency. Exchange, as Staff, like the CRO, requirements that videotaped responses Updates to Rule 17.3 Expedited 91 functions independently from the are limited to 12 minutes or less. The Proceeding Exchange additionally proposes that a business interests of the Exchange.92 written transcript accompany a Additionally, the Exchange believes The Exchange proposes to replace references to the BCC with references to videotaped response. The submission of that due to the increased complexity of the CRO within Rule 17.3, thus making videotaped responses falls within the Exchange trading activity (and the the CRO’s role consistent with that of proposed 25-day submission period resulting regulatory investigations and corresponding Rule 8.3 of the Affiliated and, when applicable, proposed tolling examinations) that increasing the time Exchanges. The Exchange also proposes period. period from 15 days to 25 days is reasonable. The additional time will to update certain verbiage as needed Purpose of Updates to Rule 17.2 enhance the regulatory process by resulting from those replacements. The The Exchange believes the CRO is allowing subjects to prepare more Exchange makes corresponding updates best suited to review reports from Staff comprehensive and effective written to reflect changes to the 17.2(d) 93 and responses to alleged violations from statements. The Exchange notes that processes referenced in Rule 17.3. Subjects. The CRO has general the Subject’s access to ‘‘other materials’’ Under updated Rule 17.3, if Staff and supervisory authority over the includes any non-privileged exculpatory the Subject are able to agree on the Exchange’s regulatory operations, documents that the Exchange may have terms of a letter of consent, Staff will including the responsibility for in the investigative file. Finally, tolling submit the letter to the CRO for overseeing surveillance, examination, that same period while Staff prepares an consideration. If the CRO accepts the and enforcement functions and for investigative file when requested by the letter of consent, the Exchange shall administering any regulatory services Subject is necessary in the interest of adopt the letter of consent as its agreements with another self-regulatory fairness. The Exchange notes that Staff decision and no further action shall be organization to which the Exchange is a is often able to provide an investigative taken against the Subject respecting the party. The Exchange notes that the CRO file in one week or less and that the matters that are the subject of the letter functions to serve the regulatory Exchange makes every effort to provide of consent, which is consistent with the functions of the Exchange, separate from such files promptly upon request. practices set forth in the Affiliated that of its business interest, reporting However, to the extent an investigative Exchanges’ Rule 8.3. If the CRO rejects directly to the ROC. Therefore, the file is voluminous or otherwise the letter of consent, the matter shall Exchange believes that allowing the complicated to provide, were that proceed as though the letter of consent CRO to authorize the issuance of period not tolled, the Subject could be had not been submitted. The CRO’s charges maintains the autonomy and left with insufficient time to prepare an decisions regarding letters of consent independence of the Exchange’s effective written statement following are final. The Exchange also makes non- regulatory functions, as well as helps to receipt of the investigative file. Though substantive, clarifying additions ensure that decisions regarding the the rules of the Affiliated Exchanges do qualifying the letter as the ‘‘letter of not provide for tolling of this time consent’’ throughout this rule. 90 The Exchange is also updating Rules 17.5, 17.6, period, the Exchange notes that its Purpose of Updates to Rule 17.3 17.7, 17.8, 17.12, and 17.50 to eliminate gender- specific pronouns. Additionally, in instances in 92 See supra note 88 [sic]. The CRO replaces the BCC as the which the Exchange harmonizes its rule language 93 The Exchange notes that under current Rule deciding body related to expedited with that of the Affiliated Exchanges, the Exchange 17.13 time limits imposed under Chapter 17 may proceedings. The Exchange believes the eliminates gender-specific pronouns. be extended. Where the exchange is extending CRO is best suited to review letters of 91 See Securities and Exchange Commission certain time limits within this filing, it also does so Division of Enforcement, Enforcement Manual to reduce the number of extension requests consent and determine whether to reject (Nov. 28, 2017), available at: https://www.sec.gov/ processed by Staff and thereby enhance the divisions/enforce/enforcementmanual.pdf. efficiency of the regulatory process. 94 See supra note 91.

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or accept such letters. The CRO is better Respondent request access to Updates to Rule 17.5 Answer suited to resolve procedural matters like documents within 60 calendar days Under updated Rule 17.5, the expedited proceedings and the approval after receiving service of charges, to 25 Exchange extends the time period the or disapproval of letters of consent days after receiving such notice. This Respondent has to submit an Answer because the CRO has greater subject change serves to harmonize a from 15 days after the service of charges, matter and procedural expertise based Respondent’s time to request documents which is currently provided for under on his role in directly overseeing the with their [sic] time to file a written the Affiliated Exchanges’ corresponding regulatory programs and processes on a answer under proposed Rule 17.5 Rule 8.5, to 25 days.95 The Exchange day to day basis. Additionally, the (described below), and the tolling of proposes to specify that this 25-day Exchange notes that the CRO is required such period while access to the period to submit an Answer will toll, to report periodically to the ROC on all investigative file is pending. Lastly, the like that of proposed 17.2(d), while a regulatory matters and issues, thus, Exchange proposes to relocate Rule request for access to the investigative keeping the ROC apprised of, and 17.4(d) and its Interpretations and file pursuant to Rule 17.4(c) is pending. allowing for its review of expedited Policies .01–.03 (along with the proceedings. As a result, the Exchange amendments proposed, as described Purpose of Updates to Rule 17.5 believes that this proposed rule change below), which concern ex parte The Exchange believes that due to the further supports and provides for the communications, to proposed additional increased complexity of Exchange autonomy and independence of the Rule 17.15. This change is in line with trading activity (and the resulting Exchanges’ regulatory functions. the Affiliated Exchanges’ Rule 8.16 that regulatory investigations and specifically covers ex parte Updates to Rule 17.4 Charges examinations) that increasing the time communications for disciplinary period from 15 to 25 days is reasonable. The Exchange proposes to replace procedures. The additional time will allow references to the BCC with references to Purpose of Updates to Rule 17.4 Respondents to prepare more the CRO within Rule 17.4(a) and 17.4(b), comprehensive and effective Answers. which conforms to the Affiliated The Exchange believes the CRO is Finally, similar to the proposal to toll Exchanges’ references within their best suited to determine whether to the time period in the context of a corresponding Rule 8.4. The Exchange initiate charges after reviewing a Staff written response to a notification of also proposes to add clarification that a report. Allowing the CRO to initiate pending allegations from Staff, the determination not to initiate charges charges (or elect not to initiate charges) Exchange believes that tolling the time pursuant to Rule 17.4(a) only occurs in will significantly expedite the period for an Answer pursuant to Rule those cases where a Subject has been disciplinary process, as well as serve to 17.5 while Staff prepares investigative provided notice of violations pursuant conform this rule to the Affiliated file for the Respondent’s review is to Rule 17.2(d). Under updated Rule Exchanges’ Rule 8.4. Specifically, Staff necessary in the interest of fairness. For 17.4(a), in those cases where notice has and Subjects will not have to wait until the same reasons described above, were been provide pursuant to Rule 17.2(d) the BCC meets to learn whether a that period not tolled, the Respondent and when it appears to the CRO from regulatory matter will result in charges could be left with insufficient time to the report of Regulatory staff that no and the matter can move on to answer, prepare an effective Answer following probable cause exists for finding that a hearing, settlement, and/or summary receipt of the investigative file and violation occurred or if the CRO disposition. In the CRO’s capacity as limits the Exchange having to grant an otherwise determines that no further supervisor of the Exchange’s regulatory extension. The Exchange again notes action is warranted, the CRO shall direct operations, the CRO maintains the that Staff can often provide an Staff to prepare and issue a statement to subject matter and procedural expertise investigative file in one week or less and the Subject (and Complainant if any) that is necessary to review and consider that the Exchange makes every effort to outlining the reasons for such finding. regulatory issues and the accompanying provide such files promptly upon The proposed language stating that the facts and circumstances in request. CRO shall direct Staff to prepare and consideration of issuing charges. For issue the written statement related to example, the CRO is best suited to Updates to Rule 17.6 Hearing such a determination is a clarifying determine when a pattern or practice of Under updated Rule 17.6(a), the addition to Rule 17.4(a) that is intended violative conduct exists, where certain Exchange proposes that hearings on the to add detail regarding the process conduct might have been willful in charges be held by a panel of either through which such a statement is nature or whether other aggravating (or three or five members of the BCC issued. mitigating) circumstances exist selected by the Chairperson of the BCC. Similarly, under updated Rule (considerations that may be important In addition, the Exchange updates Rule 17.4(b), whenever it shall appear to the in considering charges). As stated, the 17.6(a) to clarify that where a TPH CRO that there is probable cause for Exchange believes that under the organization is a party to the hearing, it finding a violation occurred and further current practice of Rule 17.4(a) and (b), shall be represented by one of its proceedings are warranted, the CRO by having the CRO direct Staff to nominees, who is properly authorized shall direct Staff to prepare and issue a prepare and issue subsequent by a TPH organization pursuant to Rule statement of charges against the statements after the CRO’s review is 3.8 (Nominees).96 The Exchange also Respondent. The proposed addition of clarifying and in line with such current proposes language within 17.6(a) that the term ‘‘and issue’’ clarifies Staff’s practices with the BCC. Additionally, states BCC Counsel may assist the responsibilities under the Rule, serves the Exchange believes that allowing a Hearing Panel in preparing its written to mirror the Staff’s responsibilities for Respondent 25 days from receiving an issuance pursuant to 17.4(a), and service of charges to request access to 95 This change is based on the rules of NYSE, modifies the Rule to be substantially documents serves to harmonize this FINRA and PHLX. See supra notes 86–88. similar to the Affiliated Exchanges’ Rule process with the proposed time for 96 See Cboe Options Rule 1.1(pp). The term ‘‘nominee’’ means an individual who is authorized 8.4(b). which a Respondent may file an answer by a TPH organization, in accordance with Rule 3.8, The Exchange also modifies the under Rule 17.5, and the proposed to represent such TPH organization in all matters requirement in Rule 17.4(c) that a tolling requirements thereunder. relating to the Exchange.

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recommendations or judgments, a scheduled hearing date. The Exchange maintain language necessary to account practice already in place within the also proposes to modify the notice of the for different text and procedures hearing process. time and place of the hearing given to between the Exchange’s rules and those Importantly, the Exchange proposes to the Parties to 15 business days from 15 of the Affiliated Exchanges. Notably, the add subparagraphs (a)(1) through (a)(3) calendar days to conform to the proposed language incorporates that a to Rule 17.6 which requires that Hearing Affiliated Exchanges’ corresponding motion shall be filed with the BCC Panel members must function rule. Chairperson. This is a logistical impartially and independently of the The Exchange proposed to add difference that accounts for the BCC’s involved Exchange staff members, Interpretation and Policy .03 to Rule role in the Exchange’s process, which is provides a recusal process for Hearing 17.6 that states, ‘‘Subject to Rule 17.7, not present within the Affiliated Panel members, as well as a process in the CRO shall have the authority to Exchanges’ processes. Like that of the which a Respondent may motion for direct that a hearing be scheduled at any Affiliated Exchanges, the Hearing Panel removal of Hearing Panel members who time, after the period to answer will hear such motions. The Exchange may have bias or a conflict of interest. pursuant to Rule 17.5 has elapsed.’’ explicitly adds that a Hearing Panel Proposed subparagraph (a)(1) provides The Exchange also updates Rule 17.6 member subject to a Respondent’s that Hearing Members are expected to throughout to reference the panel motion for disqualification is excluded function impartially and independently selected for the Hearing as the ‘‘Hearing from ruling on such motions, a best- of the staff members who prepared and Panel’’, which comports with the practice currently in place. The prosecuted the charges. This language is terminology in the Affiliated Exchanges’ Exchange also proposes moving the based on language in the Affiliated corresponding Rule 8.6.98 provision stating that counsel may assist Exchange’s Rule 8.6. Proposed the Hearing Panel in preparing its Purpose of Updates to Rule 17.6 subparagraph (a)(1) then states that if a written recommendations, currently Hearing Panel member determines they The Exchange believes the updates to found within the Affiliated Exchange’s [sic] have a conflict of interest or bias Rule 17.6 will expedite and provide corresponding impartiality provision, to or other circumstances exists where greater clarity around the Exchange’s Rule 17.6(a). The Exchange believes that their [sic] fairness might be reasonably hearing process. Under the updated this serves to codify a practice already questioned, then such Hearing Panel Rule 17.6, the BCC still serves as the in place; specifying that BCC Counsel member should withdraw from the pool from which hearing panelists are assists the Hearing Panel throughout the matter and the Chairperson of the BCC selected, however, the Hearing Panel is hearing, not only during impartiality may then appoint a replacement. This limited to either three or five members rulings. The Exchange also believes that provision is based on FINRA Rule selected by the BCC Chairperson. This adding substantially similar language to 9233(a).97 Proposed subparagraphs update will clarify the selection process that of FINRA Rule 9233(a), which (a)(2) and (a)(3), like that of the and prevent interlocutory issues that provides that a Hearing Panel member Affiliated Exchanges, provide for the may arise in having an even number of shall recuse themselves [sic] when they process in which a Respondent may members on a Hearing Panel. determine they have a conflict of motion for disqualification of a Hearing Furthermore, limiting the size of the interest, bias, or other circumstance Panel member on the grounds of bias or Hearing Panel helps to streamline the which might call into question their conflict of interest, along with the hearing process while still providing a fairness, is an additional safeguard to procedure for ruling upon such motions sufficient number of panelists to protect the integrity of the hearing for disqualification. The Exchange adjudicate the hearing effectively. The process and the interests of the incorporates additional language that Exchange notes that it expects that most Respondent. the Hearing Panel member subject to a Hearing Panels will be comprised of Requiring that the parties provide Respondent’s motion for removal is three members, but that five members documentary evidence and witness lists excluded from rulings on such motion. may be necessary at times to hear ten business days in advance of a Subparagraphs (a)(2) and (a)(3) are particularly complex matters. Clarifying scheduled hearing will give all parties consistent with that of the Affiliated that where a TPH organization is a party more time to review materials that will be presented at hearing. This extended Exchanges’ Rule 8.6(b), and differ only to the hearing it shall be represented by time period is necessary given the where necessary to conform to the one of its nominees ensures that an increased complexity of modern trading Exchange’s existing Rule 17.6 text or to authorized person consistent with activity on the Exchange and the account for details or descriptions existing Rule 3.8 represents a TPH resulting complexity of disciplinary included in the Exchange’s rules but not organization. matters. Additionally, incorporating that in the applicable rules of the Affiliated The Exchange believes that proposed the parties receive 15 business days’ Exchanges. Rule 17.6(a)(1) through (a)(3) providing notice (as opposed to the current 15 Under updated prehearing procedures for Hearing Panel member impartiality days’ notice) harmonizes the business in Rule 17.6(b), parties to a hearing must and recusal and removal processes serve day timing requirements throughout furnish copies of all documentary in the interest of fairness to the paragraph (b) and ensures that the evidence to be presented at the hearing Respondent. Allowing a Respondent to parties have ample time from the notice and a list of witnesses ten business days move for disqualification of any member of the scheduled hearing to furnish (as opposed to five business days under of the Hearing Panel selected by the copies of documentary evidence. current Rule 17.6(b)) in advance of the BCC Chairperson based upon bias or conflict of interest and providing for a Furthermore, vesting authority in the CRO to direct the scheduling of hearings 97 ruling process on motions for The Exchange notes that its Rule language is a necessary update given that the differs from that of FINRA’s where necessary to disqualification conforms to the maintain terminology particular to its Rules and Affiliated Exchanges’ Rule 8.6. As Exchange proposes to remove the time disciplinary procedures. The Exchange also notes stated, the Exchange proposes to limit under which Respondents must that in this subparagraph it incorporates language submit offers of settlement under specifying that members of the Hearing Panel are expected to function impartially, which is unlike 98 The Exchange also updates references to the updated Rule 17.8. Under current rules, the FINRA rule, but rather mirrors the Affiliated Hearing Panel within Rules 17.9, 17.10, 17.11 and the end of the settlement period Exchanges’ rule language. 17.50. functions as the primary trigger for the

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scheduling of a hearing (hearings are sanctions outlined in Rule 17.11 submitted subsequent to a hearing being scheduled when the settlement period Interpretation and Policy .01 are not scheduled, the Hearing Panel shall grant ends and the parties have not reached changing and accordingly the the parties leave from the hearing so the settlement). Under updated Rule 17.6, considerations weighed by the CRO will offer can be presented to the CRO for the CRO can direct the scheduling of a be the same as those currently weighed consideration. hearing when the CRO believes the by the BCC. Additionally, the Exchange Purpose of Updates to Rule 17.8 nature of matter at hand requires a notes that the Board may on its own hearing, when the Respondent has initiative order review of a The Exchange believes the CRO is exhausted his offers of settlement, or determination of summary proceedings best suited to determine whether to when the CRO believes that good faith pursuant to 17.10(c). The proposed accept an offer of settlement from a settlement negotiations have ended. As change from 10 days to 10 business days Respondent, even after the hearing stated above, the CRO is required to from the date of service for a procedures have commenced. The meet regularly with the ROC to report Respondent to notify the CRO that the Exchange believes the CRO has greater on regulatory performance and status of Respondent desires a hearing is familiarity with the Securities Exchange regulatory matters, including caseloads consistent with the corresponding time Act of 1934 (the ‘‘Act’’) and Exchange and aging. The Exchange thus believes period in Rule 8.7 of the Affiliated rules, and what constitutes a fair and the CRO’s requirement to report to the Exchanges. reasonable offer related to violations of ROC will ensure continued timeliness such. The Exchange also notes that Updates to Rule 17.8 Offers of in the processing of a regulatory matter. allowing the CRO to determine offers of Settlement Interpretation and Policy .03 to Rule settlement mirrors the Affiliated 17.6 will also greatly expedite the The Exchange replaces references to Exchanges’ corresponding rules. hearing process where the prospective the BCC with references to the CRO Further, allowing the CRO to accept or parties agree a hearing is required. within Rule 17.8, consistent with the reject offers of settlement will proposed replacements throughout significantly expedite the settlement Updated Rule 17.7 Summary Chapter 17. Under updated Rule 17.8(a), process while ensuring that the Proceedings the Respondent submits an offer of independence and integrity of the The Exchange proposes to replace settlement to the CRO and the CRO regulatory process is maintained, as the references to the BCC with references to determines whether to accept or reject CRO’s regulatory decision-making the CRO within Rule 17.7. Under an offer. The CRO issues a decision responsibilities are entirely separate updated Rule 17.7, analogous with the accepting an offer and imposes from those responsible for the Affiliated Exchanges’ Rule 8.7, the CRO sanctions consistent with the offer. Exchange’s business interests. may make a determination without a Under updated Rule 17.8(b), where Staff Specifically, the CRO can facilitate more hearing and may impose a penalty as to will not recommend acceptance of an expedient and independent review of violations which the Respondent has offer to the CRO, the Respondent may offers. A Respondent will not have to admitted or has failed to answer or appear before the CRO to make an oral wait until a regularly scheduled BCC which otherwise do not appear to be in statement concerning why the offer meeting to determine whether their [sic] dispute. Under updated Rule 17.7, the should be accepted. If the CRO rejects offer has been accepted or rejected nor Respondent may notify the CRO if they an offer Staff supports, the Respondent will they have to wait until the BCC desire a hearing on any of the charges can appear before the CRO to make an meets to make oral statements in not previously admitted or upon the oral statement concerning why the CRO support of their offers. penalty, and that the Respondent’s should reconsider acceptance of the The Exchange also believes that failure to notify the CRO constitutes an offer. removing the 120-day period during admission of the violations and The Exchange also removes the 120- which a Respondent may submit an acceptance of the penalty determined by day period following service of a offer and allowing offers to be submitted the CRO. The Exchange also amends the statement of charges during which a at any time following the date of service 10 day period in which the Respondent Respondent may submit an offer under of a statement of charges upon the may notify the CRO that the Respondent updated Rule 17.8(a) and specifies that Respondent pursuant to Rule 17.12 will desires a hearing to 10 business days, offers can be made at any time following improve the settlement process and which is consistent with the Affiliated the date of service of a statement of allow matters to be more efficiently Exchanges’ corresponding rule. charges upon the Respondent in resolved when all parties agree that a accordance with 17.12 (Service of matter can be settled without further Purpose of Updates to Rule 17.7 Notice). Removal of the 120-day time disciplinary proceedings. The Exchange The Exchange proposes to replace the period is consistent with current Rule believes there is no need to prevent BCC with the CRO as the body that will 8.8 of the Affiliated Exchanges. The settlement negotiations during any make determinations related to Exchange also specifies within updated period where they are proceeding in summary proceedings, thus Interpretation and Policy .01 to Rule good faith. As mentioned above, this harmonizing the determining body with 17.8 that the Respondent may submit a will align the Exchange’s Rule with that that of corresponding Rule 8.7 of the maximum of two offers to the CRO of the Affiliated Exchanges’ Rule 8.8, Affiliated Exchanges. The Exchange unless the CRO orders otherwise. As a which does not prohibit settlement believes the CRO is best suited to result of these changes, the Exchange offers at a particular point in time after address uncontested charges against proposes to remove Interpretations and a statement of charges. Further, under Respondents and impose penalties Policies .01 (b)–(d) and .02 to Rule 17.8 updated Rule 17.6, the CRO has related to those charges. The CRO is in their entirety as they relate authority to schedule a hearing in the better suited to resolve matters like specifically to the 120-period and/or the event settlement negotiations have summary proceedings because the CRO number of offers that may be submitted broken down. has greater familiarity with Exchange to the BCC. Moreover, the Exchange believes it is rules and subject matter/procedural The Exchange adds new appropriate for the CRO to exercise expertise. The Exchange notes that the Interpretation and Policy .02 to Rule discretion to allow a Respondent to principal considerations in determining 17.8 to specify that if an offer is submit more than two offers of

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settlement. The Exchange notes that a comprised of a majority of the BCC.99 suited to determine whether to initiate Respondent will be allowed to submit at Removing this stage of review will charges under Rule 17.4, rather than the least two offers (assuming that the offers further streamline the hearing process BCC, as the CRO directly oversees all are made in the course of good-faith by putting the ultimate decision making regulatory activities, including general negotiations). This change conforms to power squarely on the shoulders of the reports on the status of regulatory the same discretion given to the CRO Hearing Panel. The Exchange believes matters. Unlike the BCC, the CRO under the Affiliated Exchanges’ this is appropriate as the Hearing Panel reports and responds directly to the corresponding Rule 8.8. The maximum members are the individuals that ROC, keeping the ROC apprised of the allowance of two offers remains in participate in the hearing, hear all of the status of regulatory matters, including place, like that of the Affiliated evidence firsthand, and are able to reports regarding open investigations Exchanges’ rule, in order to prevent consummate a verdict based on that and disciplinary matters, and decisions abuses, such as delay tactics, of the firsthand knowledge. The Exchange also regarding such matters. Because there is disciplinary procedures. However, the notes that removing this review process a direct line of reporting between the Exchange believes the CRO may will not unfairly prejudice any party to CRO and the ROC, and the ROC may consider additional offers of settlement a hearing as the parties may petition for direct the CRO to take certain regulatory if the CRO feels good faith negotiations removal of a Hearing Panel member for actions where they [sic] see fit, the continue with a Respondent and impartiality under proposed Rule 17.8 Exchange believes that the ROC’s accordingly additional offers are and for a review of the decision by the application to the Board to review the appropriate. Additionally, the Exchange Board or a Board Committee, whose CRO’s decision not to initiate charges is notes that the CRO is best suited to decision is ratified by the Board, under not essential to the disciplinary process. accept or reject offers of settlement. The Rule 17.10. As such, updated Rule 17.9 As a result, the Exchange believes CRO’s capacity as supervisor of eliminates an unnecessary redundancy removing the ROC’s application of investigative matters provides the CRO in the Exchange’s disciplinary process. review to the Board of such decisions case-by-case subject matter expertise. Finally, the Exchange believes the cross- provides for a more efficient, The Exchange also notes that the CRO reference to its existing sanctions rule, streamlined disciplinary process. may take into account the principle Rule 17.11, and the additional Furthermore, the Exchange believes that considerations under Rule 17.11 in instruction regarding the contents of a this change is in line with maintaining weighing whether or not acceptance or decision where a sanction is imposed is enhanced autonomy and independence rejection of an offer is appropriate. As appropriate in order to provide clarity of the Exchange’s regulatory functions. a result, the Exchange believes that the regarding statements of sanctions within Updates to Rule 17.11 Judgment and CRO is the most appropriate a decision. Sanction determining body for reviewing settlement offers and that review of Updates to Rule 17.10 Review Under updated Rule 17.11, the offers of settlement by the BCC or other The Exchange proposes to replace Exchange replaces references to the BCC determinative body is not necessary (the references to the BCC with references to with references to the ‘‘Hearing Panel or Exchange notes that, unlike the the Hearing Panel where applicable the CRO, as applicable’’. Affiliated Exchanges, its current Rule within Rule 17.10. Additionally, the Purpose of Updates to Rule 17.11 17.10(c) (Review on Motion of the Exchange proposes to make a clarifying Board) does not provide that the Board change to harmonize the language Updated Rule 17.11 reflects the new may review on its own initiative order referring to the decision with Rule 17.9 roles of the CRO and Hearing Panels. an offer of settlement). Maintaining and proposes to remove Rule 17.10(d), Specifically, the CRO will issue acceptance and rejection of such offers which currently provides that the ROC sanctions that result from summary with the CRO provides for consistent may apply for the Board to review a proceedings outlined in Rule 17.7. The practice throughout the proceedings, as decision not to initiate charges. Hearing Panel will issue sanctions that well as regulatory independence and result from decisions outlined in Rule Purpose of Updates to Rule 17.10 integrity. 17.9. As mentioned above, the principal Updates to reference the Hearing considerations for determining Updates to Rule 17.9 Decision Panel in lieu of the BCC in Rule 17.10 sanctions outlined in Interpretation and The Exchange removes the reflect updates elsewhere in Chapter 17. Policy .01 to Rule 17.11 have not requirement that decisions of a Hearing The Exchange also proposes to delete changed. The Hearing Panel or the CRO, Panel be subject to automatic review Rule 17.10(d). Specifically the Exchange as applicable, weigh [sic] the same when the Hearing Panel is not updates 17.10(b) to reflect that decisions considerations in determining sanctions comprised of a majority of the BCC. The under review will be decisions of a under updated Rule 17.11 as the BCC 100 Exchange also adds a cross reference to Hearing Panel. Furthermore, a Hearing weighs under current Rule 17.11. The Rule 17.11 (Judgment and Sanction) and Panel (and not the full BCC) will have Exchange notes that the CRO would also incorporates the requirement that the heard a matter under review. The weigh the principal considerations contents of a decision where sanctions Exchange changes the qualification of under 17.11 in determining whether to are imposed include language that is ‘‘any’’ decision to ‘‘the’’ decision, which accept or reject a letter of consent under substantially similar to the requirements is in line with language referring to Rule 17.3 or offer under Rule 17.8. under the Act. ‘‘the’’ decision throughout Rule 17.9. Additionally, the Exchange believes that in the CRO’s capacity as supervisor of Purpose of Updates to Rule 17.9 The Exchange removes Rule 17.10(d) as there is no longer the need for a special the Exchange’s regulatory operations, Updated Rule 17.9 corresponds to the provision for review of BCC the CRO possesses the subject matter update in Rule 17.6 limiting the size of determinations not to initiate charges expertise, as well as the accompanying a hearing panel to either three or five pursuant to Rule 17.4(a). As stated, the members of the BCC. Due to the size 100 The Exchange notes that the Board also weighs Exchange believes the CRO is best these considerations when determining sanctions, limitation in updated Rule 17.6, most and that Staff considers similar factors in Hearing Panels following the operative 99 The BCC is typically composed of 10–12 determining whether formal, non-formal, or no date of this filing would not be members. further regulatory action in warranted.

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facts and circumstances, including industry and the description of its Exchanges’ Rule 8.16(d) and provides knowledge of a TPHs’ or associated operator is no longer necessary. that prohibition on ex parte persons’ disciplinary history, to communications begins upon the Proposed Rule 17.15 Ex Parte consider and determine appropriate initiation of an investigation, serves to Communications sanctions. The CRO’s capacity as protect the interests of fairness for all supervisor of the Exchange’s regulatory The Exchange proposes to relocate Subjects and Respondents, as well as for operations also ensures that regulatory 17.4(d) and its Interpretations and the Exchange. The Exchange also independence is provided for during the Policies .01 through .03, which concern believes this same purpose is served by judgment and sanction process under ex parte communications, to proposed expanding the prohibition of ex parte Rule 17.11. additional Rule 17.15. This conforms to communications to Exchange staff the Affiliates Exchanges’ Rule 8.16, during matters pending. Updates to Rule 17.12 Service of Notice which prohibits ex parte As stated, the Exchanges’ [sic] Updated Rule 17.12 specifies that communications on the merits of a proposed Rule 17.15 differs from the service of charges, notices or other proceeding. The Exchange has made Affiliated Exchanges’ Rule 8.16 to the documents, may continue to be made changes to its current ex parte rule extent necessary to conform to the upon a Respondent by registered or language to be substantially similar to existing ex parte rule text or to account certified mail but if this method of that of the Affiliated Exchanges’ ex parte for details or descriptions included in service is used, that three days shall be rule. Where possible, the Exchange has the Exchange’s rules but not in the added to the prescribed period for mirrored its Affiliated Exchanges’ Rule Affiliated Exchanges rules. For example, response. 8.16 in substance and form. This the Exchange has kept it existing includes: The addition of Exchange staff provisions that define ex parte Purpose of Updates to Rule 17.12 among those persons prohibited in communications and actions that The Exchange updates Rule 17.12 to making ex parte communications; the constitute non-violations of the rule. provide clarity in the Rule and in the definition of members of the Hearing While the Affiliated Exchanges use the interest of fairness to Respondents. Panel, BCC, Board or committee of the term ‘‘Respondent’’, the Exchange uses Many of the time periods outlined in Board who participate in a decision ‘‘Trading Permit Holder’’ and ‘‘person Chapter 17 begin upon service of notice, with respect to that proceeding as associated with a Trading Permit charges or other documentation (i.e. the ‘‘Adjudicators’’; the addition of a Holder’’ because such terminology proposed 25 days to submit an Answer procedure for which an Adjudicator encompasses Respondents as well as to charges under Rule 17.5 or the 15 must place any prohibited ex parte Subjects of investigations or days to petition for review of a decision communications into the record; the examinations who would be subject to under rule 17.10). Updated Rule 17.12 authority for the Board or committee of ex parte communication restrictions. provides three additional days when the Board to take necessary action if an The Exchange notes that it has proposed calculating the time for response to the ex parte communication arises; and, to add reference to a member of a extent service is made by registered or importantly, the application of the Hearing Panel as a party with whom ex certified mail. Updated Rule 17.12 prohibition of ex parte communications parte communications are prohibited ensures that a Respondent is not beginning with the initiation of an even though this appears duplicative penalized any time to respond to investigation under Rule 17.2(a) or because a Hearing Panel is comprised of notices, charges or other documentation when a person has knowledge that an members of the BCC. The Exchange while such documentation is in transit. investigation will be initiated. The believes that inclusion of the Hearing The Exchange notes that this update is proposed change to the Exchange’s ex Panel and the BCC ensures that BCC not based on corresponding rules of the parte communication rule is based on members who may ultimately serve on Affiliated Exchanges, but is rather based the Affiliated Exchanges’ existing Rule a Hearing Panel for a matter are subject on FINRA Rule 9138(c). 8.16. The Exchange notes that the to the ex parte rules from the initiation language of the proposed rule and the of an investigation of that matter. Updates to Rule 17.14 Reporting to the Affiliated Exchanges’ rule may differ to Additionally, the Exchange notes that it Central Registration Depository extent necessary to conform to the proposes to maintain its provision for The Exchange removes a reference to Exchanges’ existing ex parte rule text or the definition of ex parte the National Association of Securities to account for details or descriptions communication (proposed subparagraph Dealers, Inc. (‘‘NASD’’) within Rule included in the Exchange’s rules but not (e)) and provisions stating in what 17.14. The Exchange also updates in the applicable rules of the Affiliated circumstances a violation of ex parte references to the BCC with references to Exchanges. The Exchange proposes to communications is not deemed to have the Hearing Panel or the CRO where maintain its provision applicable to the occurred (proposed subparagraphs (f) applicable. definition of ex parte communications, and (g)). The Exchange believes that as well as its provisions for actions that maintaining these portions of its ex Purpose of Updates to Rule 17.14 will not be considered violations of the parte rules will continue to provide On July 30, 2007, The National ex parte rules. clarity for all parties regarding what Association of Security [sic] Dealers, constitutes an ex parte communication, Purpose of Proposed Rule 17.15 Inc., The New York Stock Exchange, what circumstances are not deemed a LLC (‘‘NYSE’’) and NYSE Regulation, Where possible, the Exchange has violation of the ex parte rules, and what Inc. consolidated their member firm substantively mirrored its proposed steps a party must take in order to avoid regulation operations into a combined Rule 17.15 to the Affiliated Exchange’s violation of such rules. organization FINRA. After the Rule 8.16. The Exchange believes that consolidation, FINRA became operator this proposed change provides Updates to Rule 17.50 Imposition of of the CRD. Rather than update the consistency in the disciplinary Fines for Minor Rule Violations reference to FINRA, however, the procedures across the multiple The Exchange proposes to replace Exchange proposes to simply remove exchanges. Specifically, the Exchange references to the BCC with references to the reference to NASD as the CRD believes that proposed Rule 17.15(d), a Hearing Panel within Rule 17.50. system is widely known as such in the which comports with the Affiliated Within the list of violations outlined in

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Rule 17.50(g), the Exchange removes will continue to receive appropriate website. When the transition is references to matters referred to the BCC discipline for repetitive or aggregate complete and there are no longer any at specified thresholds after a specified offenses because, pursuant to Rule TPHs or associated persons subject to number of repeat violations (i.e., 17.50(a) and (f), the Exchange has the current Chapter 17, the Exchange will ‘‘subsequent offenses’’). References of discretion to impose a fine in lieu of remove the transitional Chapter 17 from referrals to the BCC have been removed commencing a disciplinary proceeding its public rules website. from Rules 17.50(g)(2)–(5), (7), (9)–(19). for a violation that is minor in nature. Given the proposed removal of referrals These provisions will continue to limit 2. Statutory Basis to the BCC, the Exchange accordingly any risk that a repeat offender of minor The Exchange believes the proposed proposes to incorporate ‘‘subsequent’’ violations continue [sic] to pay fines rule change is consistent with the Act offenses under the fine schedules that under Rule 17.50, and rather, is and the rules and regulations that [sic] correspond to the last disciplined via sanctions that are more thereunder applicable to the Exchange monetary range listed. The Exchange appropriate. Under current Chapter 17 and, in particular, the requirements of also proposes to change language within rules, addressing 17.50(g) rule violation Section 6(b) of the Act.101 Specifically, Rule 17.50(c)(2) to reflect findings of a through formal disciplinary proceedings the Exchange believes the proposed rule person’s rule violations. The Exchange requires Staff to investigate the matter change is consistent with the Section amends Interpretation and Policy .01 to and then, if necessary, refer the matter 6(b)(5) 102 requirements that the rules of Rule 17.50 to incorporate the CRO in to the BCC with a recommendation to an exchange be designed to prevent lieu of the BCC, where applicable. It initiate charges. This recommendation fraudulent and manipulative acts and also deletes the term ‘‘together’’ from includes a report indicating why formal practices, to promote just and equitable the phrase ‘‘aggregated together’’ in disciplinary action is necessary (repeat principles of trade, to foster cooperation paragraphs 1 and 2, as this term is violations, not minor, egregious, etc.). and coordination with persons engaged superfluous within this context, and Under updated Rule 17.4, however, the in regulating, clearing, settling, changes ‘‘than’’ to ‘‘that’’ in paragraph 1 CRO directs the initiation of charges processing information with respect to, to correct an existing grammatical error. thus eliminating the need for this and facilitating transactions in The Exchange also updates the heading referral process. As the CRO receives securities, to remove impediments to to the fine schedule under Rule reports from Staff pursuant to Rule and perfect the mechanism of a free and 17.50(g)(7) and (g)(9) to reflect the term 17.2(c), as well as general reports open market and a national market ‘‘violations’’, as opposed to regarding the status of regulatory system, and, in general, to protect ‘‘infractions’’, as this is more consistent matters, the CRO has on-going investors and the public interest. with the terminology used throughout knowledge of non-formal regulatory Additionally, the Exchange believes the Rule 17.50. actions and minor rule violations. The proposed rule change is consistent with CRO works directly with Staff to 103 Purpose of Updates to Rule 17.50 the Section 6(b)(5) requirement that address those violations covered under the rules of an exchange not be designed In the interest of increasing efficiency Rule 17.50(g). Accordingly, the CRO is to permit unfair discrimination between surrounding the Exchange’s disciplinary in the best possible position to customers, issuers, brokers, or dealers. process, a Hearing Panel, as opposed to determine whether to impose a fine or The Exchange also believes that the the full BCC, reviews contested fines initiate formal disciplinary proceedings. proposed rule is consistent with Section levied under updated Rule 17.50 and 104 Transition Process 6(b)(6) of the Act, which requires the determines the manner of the review. As rules of an exchange provide that its stated above, the Exchange believes a The Exchange intends to announce members be appropriately disciplined Hearing Panel is most appropriately the operative date of the updates to for violations of the Act as well as the situated to review fines due to a Hearing Chapter 17 at least 30 days in advance rules and regulations thereunder, or the Panel’s direct and in-depth involvement via a regulatory notice. To facilitate an rules of the Exchange, by expulsion, in the hearing process. Further, the orderly transition from the current rules suspension, limitation of activities, changes reflect updates to Rule 17.6 in to the new rules, the Exchange proposes functions, and operations, fine, censure, that when a person against whom a fine to apply the current rules to all matters being suspended or barred from being is imposed pursuant to Rule 17.50(g) where a subject has received notice of associated with a member, or any other requests a hearing, a Hearing Panel will a statement of charges pursuant to Rule fitting sanction. hear and decide such matter. The 17.2(d) prior to the operative date. In In addition, the Exchange believes Exchange also modifies language to terms of Rule 17.50, any fine that [sic] that the proposed rule change furthers reflect that the Exchange makes findings imposed prior to the operative date that the objectives of Section 6(b)(7) of the that a person has committed acts in is contested will continue under the Act,105 in that it provides fair violation of its rules, rather than existing rules. As a consequence of this procedures for the disciplining of findings of guilt. transition process, the Exchange will Trading Permit Holders and persons The Exchange believes that removing retain the existing processes during the associated with Trading Permit Holders, any of the referenced referrals to the transition period until such time that the denial of Trading Permit Holder BCC outlined in Rule 17.50(g) is there are no longer any matters status to any person seeking a Trading consistent with CRO’s authority to proceeding under the current rules. Permit therein, the barring of any person To facilitate this transition process, initiate charges under updated Rule from becoming associated with a the Exchange will retain a transitional 17.4. The Exchange also notes that Trading Permit Holder thereof, and the Chapter 17 that will contain the removal of referenced referrals to the prohibition or limitation by the Exchange’s rules, as they are at the time BCC comports with the Affiliated Exchange of any person with respect to Exchanges’ corresponding rules this proposal is filed with the imposing fines for minor violations, Commission. This transitional Chapter 101 15 U.S.C. 78f(b). including Rule 8.15 and Rule 25.3, 17 will apply only to matters initiated 102 15 U.S.C. 78f(b)(5). which do not reference referrals to their prior to the operational date of the 103 Id. Hearing Panels. Specifically, the changes proposed herein and it will be 104 15 U.S.C. 78f(b)(6). Exchange believes that a Respondent posted to the Exchange’s public rules 105 15 U.S.C. 78f(b)(7).

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access to services offered by the that Hearing Panel members function under Rule 17.6, the CRO’s discretion to Exchange or a Trading Permit Holder impartially and allow [sic] for their allow for more than two offers of thereof. removal if a conflict of interest arises. settlement under Rule 17.8, and the As a result, the Exchange believes these removal of the referral to the hearing Updates to the Role of the CRO, Hearing changes enhance the independence and body under the fine schedule for minor Panel and BCC impartiality of the overall regulatory rule violations in Rule 17.50 are Specifically, the Exchange believes process. substantially identical to the relevant that updating and reducing the BCC’s As stated above, where a proposed language and/or provisions within the role in disciplinary matters to reflect change to the rules regarding the BCC’s corresponding rules of the Affiliated that of the Affiliated Exchanges’ rules is role is based on an existing rule of the Exchanges. The Exchange believes that consistent with Sections 6(b)(5) and Affiliated Exchanges, the language of these updates provide consistency 6(b)(6) of the Act.106 The Exchange the Exchange’s rules may differ from the between its rules and that of the believes that replacing the BCC with Affiliated Exchanges’ rules to the extent Affiliated Exchanges, aligns certain groups and processes like those of the necessary to conform with existing aspects of the disciplinary processes, Affiliated Exchanges will continue to Exchange rule text or to account for which protects investors and the public provide TPHs and associated persons details or descriptions included in the interest by making it easier for with a fair investigative and Exchange’s rules but not in the participants across the Exchange and its adjudicatory process. As stated, the applicable rules of the Affiliated Affiliated Exchanges to understand the functions currently handled collectively Exchanges. For example, the Exchange disciplinary processes. Particularly by the BCC will be split between the proposes to maintain a process where regarding the removal of referrals to the Exchange’s CRO and a Hearing Panel, the BCC Chairperson selects Hearing BCC under Rule 17.50, the Exchange comprised of BCC members and Panel members from a pool of BCC believes this change is not only selected by the BCC Chairperson, members, whereas the CEO selects consistent with the Affiliated creating greater autonomy between the Hearing Panel members on the Exchanges’ minor rule violation charging and adjudicatory aspects of the Affiliated Exchanges. The Exchange has schedules but maintains fairness and regulatory process. The Exchange thus maintained differences in its rules protection of investors. As stated, Rule believes that the CRO is best suited to that account for or relate to this process. 17.50 states that the Exchange may manage certain responsibilities related Where possible, the Exchange has impose a fine when a rule is minor in to complaint and investigation, substantively mirrored the CRO’s role nature but is never required to do so, expedited proceedings, charges, and the Hearing Panel’s role within regardless of the number of offenses by summary proceedings and judgment Affiliated Exchange rules, because a participant. This discretion, paired and sanctions. The Exchange notes that consistency across the rules will with the fact that the CRO has in-depth the CRO has general supervisory increase the understanding of the understanding of regulatory issues and responsibility over the Exchange’s Exchange’s disciplinary process for takes deference to the principle regulatory operations, including the TPHs that are also participants on the considerations under Rule 17.11 when responsibility for overseeing its Affiliated Exchanges, as well as result in determining if fines are the appropriate surveillance, examination, and greater uniformity, less burdensome and disciplinary mechanism, will serve to enforcement functions and for more efficient regulatory processes, and ensure that the Exchange provides administering any regulatory services appropriate, non-discriminatory appropriate discipline and fair agreements with another self-regulatory discipline. As such, the proposed rule procedures to do so. organization to which the Exchange is a changes will foster cooperation and party. Further, as stated above, the CRO coordination with persons engaged in The Exchange notes that in some regularly meets with the ROC. As such, facilitating transactions in securities and instances the rule change does not the Board will remain apprised of any would remove impediments to and completely mirror its rules with that of regulatory decisions made by the CRO. perfect the mechanism of a free and the Affiliated Exchanges or proposes The BCC via a Hearing Panel (selected open market and a national market additional language/provisions to that of from BCC members) will continue to system. The Exchange also believes that the Affiliated Exchange’s existing rule manage the hearing process, as well as the proposed amendments will language/provisions. The Exchange decisions and sanctions arising out of contribute to the protection of investors notes that although in these instances it the hearing process, independently from and the public interest, as well as has chosen to maintain its existing the CRO and the Exchange’s regulatory provide appropriate discipline and fair provisions or modify language of the program. The Exchange also believes the procedures for such discipline, by Affiliated Exchanges’ rules, it still proposed changes will collectively streamlining the disciplinary process provides for fair disciplinary procedures enhance the independence and through the CRO, who is best suited to or the most appropriate discipline for impartiality of the overall regulatory address regulatory matters without any violations to continue to protect process, which serves to protect conflicting business interests given the investors and the public interest. For investors and the public interest, protect nature of the CRO’s position. instance, the Exchange incorporates the customers, issuers, brokers, or dealers Affiliated Exchange’s formal reports from unfair discrimination, and ensure Other Updates Based on the Affiliated regarding complaints into Rule 17.2(c), that TPHs and associated persons are Exchanges’ Rules but maintains that Staff submit a written appropriately disciplined. First, the The proposed amendments to update report when it finds that formal Exchange notes that the CRO reports the Exchange as the adopting body for regulatory action is warranted, as well directly to the ROC, remaining letters of consent as its decision under as the Staff’s authority to find that non- independent from business-side Rule 17.3, the ten business days from formal regulatory action is warranted interests of the Exchange. Second, the the receipt of summary determination and to impose non-formal regulatory Exchange notes its incorporation of Rule that a Respondent may notify the CRO action, or to close a matter, without 17.6(a)(1) which, as proposed, requires that the Respondent desires a hearing submission of a report. The Exchange under Rule 17.7, the 15 business days’ believes that maintaining Staff’s 106 15 U.S.C. 78f(b)(5) and (6). notice of the time and place of a hearing discretion in this manner continues to

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provide for the autonomy and a Subject’s response to a notification of firsthand, and are able to consummate a independence of the Exchanges’ alleged violations and for a verdict based on that firsthand regulatory functions, which enhances Respondent’s answer to charges, as well knowledge. The Exchange also believes the fairness of its disciplinary as extending time for parties to furnish that proposed Rule 17.6(a)(1)–(a)(3) procedures and appropriate discipline evidence prior to a hearing from five to guarantees impartiality of Hearing Panel and thereby enhancing protection of 10 business days, serves to protect members. As a result, the decision by investors and the public interest.107 The investors by allowing more time for the Hearing Panel of either three or five Exchange copies the description of these parties to respond during various members will be the best-informed and counsel’s role (and refers specifically to phases of the proceedings. The most impartial decision, thus BCC Counsel as a clarification), not into additional time will also serve to ensure eliminating need for review by a its impartiality provisions like that of fair procedures, that the Exchange majority of the BCC while providing the Affiliated Exchanges, but into its administers appropriate discipline by adequate procedural protections. general provision for parties to a allowing subjects to prepare more Likewise, the Exchange believes the hearing. The Exchange believes this is a comprehensive and effective written CRO is best suited to determine whether clarifying change as the BCC Counsel statements in their defense, and better to initiate charges when recommended assists the Hearing Panel throughout the Subject and/or Respondent cooperation by Staff, as the CRO directly oversees all hearing process. The Exchange also with the Exchange. As stated, this regulatory activities and receives adds language to make explicit that the changed is based on the Rules of periodic updates regarding investigative Hearing Panel member who is the NYSE,108 FINRA,109 and PHLX.110 matters. Unlike the current role of the subject of the motion is excluded from Further, the Exchange believes tolling BCC, the CRO reports and responds the ruling on such motion, and adds a the applicable periods while a Subject directly to the ROC. The Exchange provision for recusal of a Hearing Panel or a Respondent’s request for access to believes that because the CRO provides member when they determine that they the investigative file similarly serves to regular reports as to the status of have a conflict or bias. The Exchange protect investors and ensure fair regulatory matters and decisions believes that such additional language disciplinary procedures and the pertaining to such matters to the ROC enhances the procedural fairness of the administration of appropriate and, in turn, because the ROC may current impartiality rules copied from discipline. As with the extension of direct the CRO to take certain regulatory the Affiliated Exchanges, thereby time periods, the Exchange believes action if they deem necessary, the ROC’s protecting investors and the public tolling those same periods while access application to the Board for review of interest. Additionally, the Exchange to relevant information in the the CRO’s decision not to initiate incorporates the Affiliated Exchange’s investigative file is pending will provide charges is not essential to the ex parte rules, while maintaining its TPHs and associated persons with disciplinary process. Rather, the provisions defining ex parte adequate time to craft reasoned and Exchange believes that removing the communications and ‘‘no violations’’ of complete responses to regulatory ROC’s application for Board review of the ex parte rules. The Exchange inquires. As a result, this serves to foster such decisions will provide for a more believes these provisions will continue cooperation and coordination with efficient, streamlined disciplinary to provide better understanding for all persons engaged in regulating securities, process, while ensuring a fair process parties regarding ex parte protect investors by serving in the through the CRO and the direct communications, thereby protecting interest of fairness to Subjects and reporting line between the CRO and the Respondents, and provide for investors and the public interest and ROC. As a result, the Exchange believes appropriate discipline for violations of ensuring fair disciplinary proceedings that removing these review processes the Act and Exchange rules. Any delay throughout. will not unfairly prejudice any party to the regulatory process caused by during these proceedings, which will Additional Proposed Changes extending the applicable time periods is protect investors throughout the mitigated by the increased efficiency The Exchange believes that extending disciplinary process and allow the resulting from the other rule updates the time periods associated with Exchange to determine the most and the fact that Staff no longer needs submitting a written response to appropriate sanctions. Removing these to process extensive extension requests allegations of rule violations, submitting processes will eliminate unnecessary under Rule 17.13. an Answer in response to formal redundancies in the disciplinary The Exchange believes that the charges, and extending the time period process, which will also protect proposed removal of automatic review prior to a hearing parties are required to investors and foster cooperation and of a Hearing Panel’s decision by the submit documentary evidence is coordination with persons engaged in majority of the BCC and of the Board’s consistent with the protection of regulating securities. investors. The proposed time extensions review of a decision not to initiate The Exchange also believes that are also consistent in providing fair charges will streamline the various certain changes and updates to its procedures for disciplining TPHs and stages of the proceedings under Chapter disciplinary rules serve specifically in persons associated with TPHs, as well 17, while ensuring that the decision as the interest of fairness and expediency. as ensuring that the Exchange a result of a hearing and the decision For example, the proposed videotaped administers appropriate discipline. The not to initiate charges is determined by responses protect investors by allowing Exchange believes that due to the the persons best suited to make such Subjects to respond more easily to increased complexity of Exchange decisions. The Exchange believes the notice of an initiated investigation, trading activity and the regulatory Hearing Panel members are best suited especially in such a globalized, investigations and examinations to make a final hearing decision as those technology-centric industry. Similarly, surrounding such activity, extending the individuals participate directly in the changes such as allowing the Hearing time period from 15 days to 25 days for hearing, hear all of the evidence Panel the discretion to grant leave to the 107 Additionally, the CRO directly oversees and 108 See supra note 86. parties to a hearing in order to present manages Staff, therefore, the CRO will maintain 109 See supra note 87. an offer of settlement also protects general supervision over this process. 110 See supra note 88. investors and public interest, while

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reducing the burden that once a hearing compliance and processes and All submissions should refer to File is scheduled the parties may no longer enhancing the quality of the regulatory Number SR–CBOE–2019–025. This file present offers of settlement to the CRO. processes. The Exchange believes the number should be included on the The Exchange believes that the proposed rule changes reduce the subject line if email is used. To help the proposed change providing that a burdens within the disciplinary process Commission process and review your Hearing Panel be comprised of three or equally on all market participants. comments more efficiently, please use five BCC members protects investors only one method. The Commission will and ensures procedural fairness because C. Self-Regulatory Organization’s Statement on Comments on the post all comments on the Commission’s it will safeguard against interlocutory internet website (http://www.sec.gov/ decisions and also allow for more (five) Proposed Rule Change Received From Members, Participants, or Others rules/sro.shtml). Copies of the Hearing Panel members when necessary submission, all subsequent to hear complex matters. The Exchange The Exchange neither solicited nor amendments, all written statements also believes that the proposed changes received comments on the proposed with respect to the proposed rule to the service of notice provision that rule change. change that are filed with the adds three days when calculating the III. Date of Effectiveness of the Commission, and all written time for response to the extent service Proposed Rule Change and Timing for communications relating to the is made by registered or certified mail Commission Action proposed rule change between the protects investors and provides Commission and any person, other than Because the foregoing proposed rule adequate procedural protections by those that may be withheld from the ensuring that a Respondent is not change does not: A. Significantly affect the protection public in accordance with the penalized in responding to notices, provisions of 5 U.S.C. 552, will be charges or other documentation while of investors or the public interest; B. impose any significant burden on available for website viewing and such documentation is in transit. printing in the Commission’s Public Additionally, the Exchange updates competition; and C. become operative for 30 days from Reference Room, 100 F Street NE, language throughout Chapter 17 and the date on which it was filed, or such Washington, DC 20549 on official makes other clarifying changes. For shorter time as the Commission may business days between the hours of example, incorporating that the CRO designate, it has become effective 10:00 a.m. and 3:00 p.m. Copies of such direct Staff to prepare and issue pursuant to Section 19(b)(3)(A) of the filing also will be available for statements of charges or decisions not to Act 111 and Rule 19b–4(f)(6) 112 inspection and copying at the principal initiate charges [sic]; a practice thereunder. At any time within 60 days office of the Exchange. All comments currently in place between the Staff and of the filing of the proposed rule change, received will be posted without change. the BCC. Also, for example, the Commission summarily may Persons submitting comments are incorporating that a decision containing temporarily suspend such rule change if cautioned that we do not redact or edit sanctions shall include a statement of it appears to the Commission that such personal identifying information from the sanctions imposed and the reasons action is necessary or appropriate in the comment submissions. You should therefor will enable better public interest, for the protection of submit only information that you wish understanding for all parties of investors, or otherwise in furtherance of to make available publicly. All sanctions and why such sanctions are the purposes of the Act. If the submissions should refer to File imposed. Such updates and Commission takes such action, the Number SR–CBOE–2019–025, and clarifications will serve to reduce Commission will institute proceedings should be submitted on or before May confusion and provide a better to determine whether the proposed rule 23, 2019. understanding to TPHs, associated change should be approved or persons, and the Exchange staff of the For the Commission, by the Division of disapproved. regulatory processes. Trading and Markets, pursuant to delegated 113 Finally, the Exchange believes that its IV. Solicitation of Comments authority. Jill M. Peterson, proposed transition plan would allow Interested persons are invited to Assistant Secretary. for a more orderly and less burdensome submit written data, views, and transition for the Exchange’s TPHs. The arguments concerning the foregoing, [FR Doc. 2019–08912 Filed 5–1–19; 8:45 am] proposed application of current rules to including whether the proposed rule BILLING CODE 8011–01–P all matters where a subject has received change is consistent with the Act. notice of a statement of charges Comments may be submitted by any of SECURITIES AND EXCHANGE pursuant to Rule 17.2(d) prior to the the following methods: operative date provides a clear COMMISSION demarcation between matters that Electronic Comments would proceed under the new rules and • Use the Commission’s internet [Release No. 34–85728; File No. SR–ISE– those that would be completed under comment form (http://www.sec.gov/ 2019–12] the current rules. rules/sro.shtml); or • Send an email to rule-comments@ Self-Regulatory Organizations; Nasdaq B. Self-Regulatory Organization’s ISE, LLC; Notice of Filing and Statement on Burden on Competition sec.gov. Please include File Number SR– CBOE–2019–025 on the subject line. Immediate Effectiveness of Proposed The Exchange does not believe that Rule Change To Delete the Exchange’s the proposed rule changes will result in Paper Comments Current Registration, Qualification and any burden on competition that is not • Send paper comments in triplicate Continuing Education Rules necessary or appropriate in furtherance to Secretary, Securities and Exchange April 26, 2019. of the purposes of the Act, as amended. Commission, 100 F Street NE, The proposed rule changes are not Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the intended to address competitive issues, Securities Exchange Act of 1934 but rather, are concerned with 111 15 U.S.C. 78s(b)(3)(A). facilitating less burdensome regulatory 112 17 CFR 240.19b–4(f)(6). 113 17 CFR 200.30–3(a)(12).

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(‘‘Act’’),1 and Rule 19b–4 thereunder,2 A. Self-Regulatory Organization’s its General 4 title.8 Such notice will notice is hereby given that on April 18, Statement of the Purpose of, and alert Exchange members to the proposed 2019, Nasdaq ISE, LLC (‘‘ISE’’ or Statutory Basis for, the Proposed Rule Nasdaq rule change and give them an ‘‘Exchange’’) filed with the Securities Change opportunity to comment on the and Exchange Commission (‘‘SEC’’ or proposal. The Exchange will similarly 1. Purpose ‘‘Commission’’) the proposed rule inform its members in writing when the change as described in Items I, II, and The Exchange recently amended, SEC approves any such proposed III, below, which Items have been reorganized, and enhanced certain of its change. prepared by the Exchange. The membership, registration, and Implementation Commission is publishing this notice to qualification requirement rules partly in The Exchange proposes that this rule solicit comments on the proposed rule response to rule changes by the change becomes operative at such time change from interested persons. Financial Industry Regulatory Authority as it receives approval for an exemption (‘‘FINRA’’), and also in order to conform I. Self-Regulatory Organization’s from the Securities and Exchange the Exchange’s rules more closely to Commission, pursuant to its authority Statement of the Terms of Substance of those of its Affiliated Exchanges in the the Proposed Rule Change under Section 36 of the Act and Rule 0– interest of uniformity and to facilitate 12 9 thereunder, from the Section 19(b) compliance with membership, The Exchange proposes to delete the rule filing requirements to separately registration and qualification regulatory Exchange’s current Registration, file a proposed rule change to amend requirements by members of multiple Qualification and Continuing Education the Exchange’s General 4 title. Affiliated Exchanges including the rules (‘‘Exchange Registration Rules’’ Exchange.4 To that end, the Exchange 2. Statutory Basis and, generally, ‘‘Registration Rules’’) adopted a new 1200 Series of rules, The Exchange believes that its under the 1200 Series (Rules 1210 captioned ‘‘Registration, Qualification proposal is consistent with Section 6(b) through 1250), and incorporate by and Continuing Education,’’ generally of the Act,10 in general, and furthers the reference The Nasdaq Stock Market conforming the Exchange Registration objectives of Section 6(b)(5) of the Act,11 LLC’s (‘‘Nasdaq’’) rules at General 4 Rules to FINRA’s new 1200 Series, in particular, in that it is designed to (‘‘Nasdaq Registration Rules’’), into except for a number of Exchange- promote just and equitable principles of General 4 of the Exchange’s rulebook’s specific variations.5 trade, to remove impediments to and 3 (‘‘Rulebook’’) shell structure. The Exchange now proposes to delete perfect the mechanism of a free and The text of the proposed rule change the Exchange Registration Rules, open market and a national market is available on the Exchange’s website at currently under the 1200 Series (Rules system, and, in general to protect http://ise.cchwallstreet.com/, at the 1210 through 1250), and incorporate by investors and the public interest, by principal office of the Exchange, and at reference the Nasdaq Registration Rules consolidating its rules into a single rule the Commission’s Public Reference at General 4 of Nasdaq’s rulebook into set. The Exchange intends to also file similar proposed rule changes for the Room. General 4 of the Exchange’s Rulebook. Relatedly, the Exchange will make Nasdaq BX, Inc.; Nasdaq PHLX LLC; II. Self-Regulatory Organization’s necessary cross-reference updates Nasdaq GEMX, LLC; and Nasdaq MRX, Statement of the Purpose of, and throughout the Rulebook. Specifically, LLC markets so that the General 4 rules Statutory Basis for, the Proposed Rule the Exchange will amend the cross- which govern Registration Rules are Change reference in Exchange Rule 100. conformed. Incorporating by reference the Nasdaq In its filing with the Commission, the The incorporation by reference of Registration Rules at General 4 into the Exchange included statements Nasdaq Registration Rules at General 4 Exchange’s General 4 title will provide concerning the purpose of and basis for into the Exchange’s General 4 title and an easy reference for Exchange members the proposed rule change and discussed any necessary cross-reference updates seeking to comply with registration and 6 any comments it received on the are regulatory in nature. The Exchange qualification requirements on multiple proposed rule change. The text of these notes that as a condition of an markets. As noted, the Exchange intends statements may be examined at the exemption, which the Exchange will to file similar proposed rule changes for request and will need to be approved by places specified in Item IV below. The other Affiliated Exchanges so that the Commission pursuant to Section 36 Exchange has prepared summaries, set Nasdaq General 4 is the source of the Act,7 the Exchange agrees to forth in sections A, B, and C below, of document for all Registration Rules. The provide written notice to its members Exchange notes that the current rule is the most significant aspects of such whenever Nasdaq proposes a change to not changing and that Exchange statements. members will be required to continue to 4 See Securities Exchange Act Release No. 84384 comply with the Nasdaq Registration (October 9, 2018), 83 FR 52006 (October 15, 2018) Rules as though such rules are fully set 1 15 U.S.C. 78s(b)(1). (SR–ISE–2018–82). forth in Exchange’s Rulebook. The 2 17 CFR 240.19b–4. 5 Id. 3 In 2017, the Exchange added a shell structure to 6 The General 4 rules are categories of rules that 8 its Rulebook with the purpose of improving are not trading rules. See 17 CFR 200.30–3(a)(76) The Exchange will provide such notice via a posting on the same website location where the efficiency and readability and to align its rules (contemplating such requests). In addition, several other Self-Regulatory Organizations (‘‘SROs’’) Exchange posts its own rule filings pursuant to Rule closer to those of its five sister exchanges, The 19b–4 within the timeframe required by such rule. Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq incorporate by reference certain regulatory rules of other SROs and have received from the Commission The website posting will include a link to the PHLX LLC; Nasdaq GEMX, LLC; and Nasdaq MRX, similar exemptions from Section 19(b) of the location on the Nasdaq website where the LLC (‘‘Affiliated Exchanges’’). The shell structure Exchange Act. See e.g., Securities Exchange Act applicable proposed rule change is posted. currently contains eight (8) General sections which, Release Nos. 57478 (March 12, 2008), 73 FR 14521 9 See 17 CFR 240.0–12; Exchange Act Release No. once complete, will apply a common set of rules to (March 18, 2008), 53128 (January 13, 2006), 71 FR 39624 (February 5, 1998), 63 FR 8101 (February 18, the Affiliated Exchanges. See Securities Exchange 3550 (January 23, 2006); 49260 (February 17, 2004), 1998). Act Release No. 82173 (November 29, 2017), 82 FR 69 FR 8500 (February 24, 2004). 10 15 U.S.C. 78f(b). 57505 (December 5, 2017) (SR–ISE–2017–102). 7 15 U.S.C. 78mm. 11 15 U.S.C. 78f(b)(5).

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Exchange desires to conform its rules to determine whether the proposed rule Number SR–ISE–2019–12 and should be and locate those rules within the same should be approved or disapproved. submitted on or before May 23, 2019. location in each Rulebook to provide IV. Solicitation of Comments For the Commission, by the Division of Exchange members the ability to quickly Trading and Markets, pursuant to delegated locate rules. Interested persons are invited to authority.14 submit written data, views, and Jill M. Peterson, B. Self-Regulatory Organization’s arguments concerning the foregoing, Assistant Secretary. Statement on Burden on Competition including whether the proposed rule The Exchange does not believe that change is consistent with the Act. [FR Doc. 2019–08913 Filed 5–1–19; 8:45 am] the proposed rule change will impose Comments may be submitted by any of BILLING CODE 8011–01–P any burden on competition not the following methods: necessary or appropriate in furtherance of the purposes of the Act. The Electronic Comments SECURITIES AND EXCHANGE Exchange believes that this rule change • Use the Commission’s internet COMMISSION does not impose an undue burden on comment form (http://www.sec.gov/ Sunshine Act Meetings competition because the Exchange is rules/sro.shtml); or • merely incorporating by reference the Send an email to rule- TIME AND DATE: Notice is hereby given, Nasdaq Registration Rules at General 4 [email protected]. Please include File pursuant to the provisions of the into its own Rulebook. The Exchange Number SR–ISE–2019–12 on the subject Government in the Sunshine Act, Public Registration Rules are not being line. Law 94–409, that the Securities and amended and therefore no member is Paper Comments Exchange Commission Small Business impacted. Capital Formation Advisory Committee • Send paper comments in triplicate C. Self-Regulatory Organization’s on Small and Emerging Companies will to Secretary, Securities and Exchange Statement on Comments on the hold a public meeting on Monday May Commission, 100 F Street NE, Proposed Rule Change Received From 6, 2019 at 1:00 p.m. Washington, DC 20549–1090. Members, Participants, or Others PLACE: The meeting will be held in All submissions should refer to File Multi-Purpose Room LL–006 at the No written comments were either Number SR–ISE–2019–12. This file Commission’s headquarters, 100 F solicited or received. number should be included on the Street NE, Washington, DC. III. Date of Effectiveness of the subject line if email is used. To help the STATUS: Proposed Rule Change and Timing for Commission process and review your The meeting will begin at 1:00 Commission Action comments more efficiently, please use p.m. and will be open to the public. only one method. The Commission will Seating will be on a first-come, first- Because the foregoing proposed rule post all comments on the Commission’s served basis. Doors will open at 12:30 change does not: (i) Significantly affect internet website (http://www.sec.gov/ p.m. Visitors will be subject to security the protection of investors or the public rules/sro.shtml). Copies of the checks. The meeting will be webcast on interest; (ii) impose any significant submission, all subsequent the Commission’s website at burden on competition; and (iii) become amendments, all written statements www.sec.gov. operative for 30 days from the date on with respect to the proposed rule MATTERS TO BE CONSIDERED: On April 25, which it was filed, or such shorter time change that are filed with the 2019, the Commission published notice as the Commission may designate, it has Commission, and all written of the Committee meeting (Release No. become effective pursuant to Section communications relating to the 33–10634), indicating that the meeting 19(b)(3)(A)(iii) of the Act 12 and proposed rule change between the is open to the public and inviting the subparagraph (f)(6) of Rule 19b–4 thereunder.13 Commission and any person, other than public to submit written comments to At any time within 60 days of the those that may be withheld from the the Committee. This Sunshine Act filing of the proposed rule change, the public in accordance with the notice is being issued because a majority Commission summarily may provisions of 5 U.S.C. 552, will be of the Commission may attend the temporarily suspend such rule change if available for website viewing and meeting. it appears to the Commission that such printing in the Commission’s Public The agenda for the meeting includes action is necessary or appropriate in the Reference Room, 100 F Street NE, matters relating to rules and regulations public interest, for the protection of Washington, DC 20549, on official affecting small and emerging companies investors, or otherwise in furtherance of business days between the hours of under the federal securities laws. the purposes of the Act. If the 10:00 a.m. and 3:00 p.m. Copies of the CONTACT PERSON FOR MORE INFORMATION: Commission takes such action, the filing also will be available for For further information, please contact Commission shall institute proceedings inspection and copying at the principal Vanessa A. Countryman from the Office office of the Exchange. All comments of the Secretary at (202) 551–5400. 12 received will be posted without change. 15 U.S.C. 78s(b)(3)(A)(iii). Dated: April 29, 2019. 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Persons submitting comments are 4(f)(6) requires a self-regulatory organization to give cautioned that we do not redact or edit Vanessa A. Countryman, the Commission written notice of its intent to file personal identifying information from Acting Secretary. the proposed rule change at least five business days comment submissions. You should [FR Doc. 2019–09040 Filed 4–30–19; 11:15 am] prior to the date of filing of the proposed rule change, or such shorter time as designated by the submit only information that you wish BILLING CODE 8011–01–P Commission. The Exchange has satisfied this to make available publicly. All requirement. submissions should refer to File 14 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE conducting fingerprint-based contractors and service providers of the COMMISSION background checks of prospective and Exchange and its principal subsidiaries; current employees, temporary submit those fingerprints to the [Release No. 34–85738; File No. SR– NYSECHX–2019–06] personnel, independent contractors, Attorney General or his or her designee service providers and others. The for identification and processing; and Self-Regulatory Organizations; NYSE proposed rule is substantially similar to receive criminal history record Chicago, Inc.; Notice of Filing and Rule 3.11 of the Exchange’s affiliate information from the Attorney General Immediate Effectiveness of a Proposed NYSE Arca, Inc.4 A number of other for evaluation and use, in accordance Rule Relating to Fingerprint-Based securities markets have also adopted a with applicable law, in enhancing the Background Checks of Directors, similar rule, permitting them to obtain security of the facilities, systems, data, Officers, Employees and Others fingerprints from certain enumerated and/or records of the Exchange and its parties.5 The proposed rule is also principal subsidiaries. April 26, 2019. consistent with those rules. The Exchange would utilize a Live- Pursuant to Section 19(b)(1) 1 of the 7 Background and Proposed Rule Change Scan electronic system to capture and Securities Exchange Act of 1934 transmit fingerprints directly to the FBI. (‘‘Act’’) 2 and Rule 19B–4 thereunder,3 Section 17(f)(2) of the Securities The capture and transmittal function, notice is hereby given that, on April 17, Exchange Act of 1934 (the ‘‘Act’’), as and corresponding receipt of criminal 2019, the NYSE Chicago, Inc. (‘‘NYSE amended by the Dodd-Frank Wall Street history information from the FBI, would Chicago’’ or the ‘‘Exchange’’) filed with Reform and Consumer Protection Act of be handled directly by Exchange the Securities and Exchange 2010 (‘‘Dodd-Frank Act’’),6 provides personnel and/or an FBI-approved Commission (‘‘SEC’’ or ‘‘Commission’’) that every member of a national ‘‘Channel Partner’’ 8 who would the proposed rule change as described securities exchange, broker, dealer, maintain and operate, on behalf of the in Items I and II below, which Items registered transfer agent, registered Exchange, a Live-Scan and/or other have been prepared by the self- clearing agency, registered securities electronic system(s) for the submission regulatory organization. The information processors, national of fingerprints to the FBI; receive and Commission is publishing this notice to securities exchanges and national maintain criminal history record solicit comments on the proposed rule securities associations shall require each information from the FBI; and change from interested persons. of its partners, directors, officers and disseminate such information, through employees of to be fingerprinted and I. Self-Regulatory Organization’s secure systems, to a limited set of submit those fingerprints (or cause the Statement of the Terms of Substance of approved reviewing officials within the fingerprints to be submitted) to the the Proposed Rule Change Exchange and its affiliates. Attorney General of the United States Fingerprint-based background checks The Exchange proposes a rule relating (‘‘Attorney General’’) for identification. would enhance the ability to screen to fingerprint-based background checks Section 17(f)(2) explicitly directs the adequately employees and non- of directors, officers, employees and Attorney General to provide self- employees 9 to determine better, in others. The proposed rule change is regulatory organizations (‘‘SROs’’) accordance with applicable law, available on the Exchange’s website at designated by the Commission with whether there are unacceptable risks www.nyse.com, at the principal office of access to criminal history record associated with granting such persons the Exchange, and at the Commission’s information. Further, SEC Rule 17f–2 access to facilities and records. Through Public Reference Room. authorizes SROs to store criminal record information received from the Federal II. Self-Regulatory Organization’s 7 Live-Scan refers to the process of capturing Statement of the Purpose of, and Bureau of Investigation (‘‘FBI’’), which fingerprints directly into a digitized format as maintains on behalf of the Attorney opposed to traditional ink and paper methods. Live- Statutory Basis for, the Proposed Rule Scan technology captures and transfers images to a Change General a database of fingerprint-based criminal history records. central location and/or interface for identification In its filing with the Commission, the processing. Consistent with these requirements, 8 FBI-approved Channel Partners receive the self-regulatory organization included proposed Rule 3.11 would require the fingerprint submission and relevant data, collect the statements concerning the purpose of, Exchange to obtain fingerprints of associated fee(s), electronically forward the and basis for, the proposed rule change prospective and current employees, fingerprint submission with the necessary and discussed any comments it received temporary personnel, independent information to the FBI Criminal Justice Information Services Division (‘‘CJIS’’) for a national Criminal on the proposed rule change. The text History Summary check, and receive the electronic of those statements may be examined at 4 See NYSE Arca Rule 3.11. There are no summary check result for dissemination to the the places specified in Item IV below. substantive differences between the proposed rule authorized employer entity. See Securities The Exchange has prepared summaries, and NYSE Arca Rule 3.11. The one non-substantive Exchange Act Release No. 71066 (December 12, difference between the proposed rule and the NYSE 2013), 78 FR 76667 (December 18, 2013) (SR–ISE– set forth in sections A, B, and C below, Arca rule relates to punctuation in proposed Rule 2013–66) (‘‘Release No. 71066’’). The Exchange of the most significant parts of such 3.11(a), which has a comma following ‘‘or restricted would retain ultimate legal responsibility for the statements. access to facilities and records’’ and not a semi- fulfillment of its statutory and self-regulatory colon as in NYSE Arca Rule 3.11(a). The Exchange’s obligations under the Act, including compliance A. Self-Regulatory Organization’s other affiliates New York Stock Exchange LLC with Section 17(f)(2) of the Act as amended by the Statement of the Purpose of, and the (‘‘NYSE’’) and NYSE American LLC (‘‘NYSE Dodd-Frank Act. Statutory Basis for, the Proposed Rule American’’) have a substantially similar rule. See 9 Under the proposed rule, the Exchange would NYSE Rule 28; NYSE American Rule 3.11E. The also obtain fingerprints from service providers, Change Exchange notes that it proposes to retain references including employees of affiliates of the Exchange. to ‘‘principal subsidiaries’’ in proposed Rule 3.11 in 1. Purpose See CBOE Rule 15.10; Securities Exchange Act order to maintain consistency with its affiliates’ Release No. 69496 (May 2, 2013), 78 FR 26671, The Exchange proposes a new Rule rules. 26671 (May 7, 2013) (SR–CBOE–2013–044) (CBOE 3.11 codifying the current practice of 5 See, e.g., International Securities Exchange conducts fingerprint-based criminal record checks (‘‘ISE’’) Rule 1408; Nasdaq Stock Market (‘‘Nasdaq’’) of directors, officers and employees as well as, Rule 0140; Chicago Board Options Exchange without limitation, ‘‘temporary personnel, 1 15 U.S.C. 78s(b)(1). (‘‘CBOE’’) Rule 15.10. independent contractors, consultants, vendors and 2 15 U.S.C. 78a. 6 See 15 U.S.C. 78q(f)(2); Dodd-Frank Act Sect. service providers . . . who have or are anticipated 3 17 CFR 240.19B–4. 929S. to have access to facilities and records.’’).

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access to state-of-the-art information perfect the mechanism of a free and C. Self-Regulatory Organization’s systems administered and maintained open market and a national market Statement on Comments on the by the FBI, the Exchange would receive system, and protect investors and the Proposed Rule Change Received From centrally-maintained ‘‘criminal history public interest. In particular, the Members, Participants, or Others record information,’’ which includes Exchange believes fingerprint-based No written comments were solicited arrest-based data and derivative background checks of directors, officers, or received with respect to the proposed information, and may include personal employees and contractors is consistent rule change. descriptive data; FBI number; with the Section 6(b)(5) requirements III. Date of Effectiveness of the conviction status; sentencing, probation that the rules of an exchange be and parole information; and such other Proposed Rule Change and Timing for designed to prevent fraudulent and information as the FBI may make Commission Action manipulative acts and practices, to available. This information is supplied Because the proposed rule change to the FBI by various local, state, federal promote just and equitable principles of trade, to remove impediments to and does not: (i) Significantly affect the and/or international criminal justice protection of investors or the public perfect the mechanism of a free and agencies. The information obtained interest; (ii) impose any significant through fingerprint-based background open market and a national market burden on competition; and (iii) become checks would thus provide a more system, and, in general, to protect operative prior to 30 days from the date exhaustive and reliable profile of a investors and the public interest in that on which it was filed, or such shorter candidate’s criminal record, and thereby they would help identify and exclude time as the Commission may designate, better facilitate risk assessment, than a persons with felony or misdemeanor if consistent with the protection of physical review of court records based conviction records that may pose a investors and the public interest, the on information provided by the threat to the safety of Exchange proposed rule change has become candidate. personnel or the security of facilities effective pursuant to Section 19(b)(3)(A) The proposed access to criminal and records, thereby enhancing business of the Act 14 and Rule 19b–4(f)(6) history information is consistent with continuity, workplace safety and the thereunder.15 federal law. As noted, Section 17(f)(2) security of the Exchange’s operations At any time within 60 days of the was amended by the Dodd-Frank Act to and helping to protect investors and the filing of such proposed rule change, the also require partners, directors, officers public interest. The proposed rule is Commission summarily may and employees of registered securities substantially similar to the rules of the temporarily suspend such rule change if information processors, national Exchange’s affiliates NYSE Arca, NYSE it appears to the Commission that such securities exchanges and national and NYSE American and the action is necessary or appropriate in the securities associations to be fingerprinting rules of other SROs.12 public interest, for the protection of fingerprinted. Although Section 17(f)(2) The proposed amendment would also investors, or otherwise in furtherance of does not require the fingerprinting of the purposes of the Act. contractors, the statute specifically conform the Exchange’s fingerprinting permits SROs designated by the SEC to practices with Section 17(f)(2) of the IV. Solicitation of Comments have access to ‘‘all criminal history Act. Interested persons are invited to record information.’’ B. Self-Regulatory Organization’s submit written data, views, and The Exchange accordingly believes Statement on Burden on Competition arguments concerning the foregoing, that fingerprint-based background including whether the proposed rule checks of employees and non- The Exchange does not believe that change is consistent with the Act. employees would promote the the proposed rule change will impose Comments may be submitted by any of objectives of investor protection, any burden on competition that is not the following methods: business continuity and workplace necessary or appropriate in furtherance safety by providing the Exchange with Electronic Comments of the purposes of the Act. The • an effective tool for identifying and proposed rule change is not intended to Use the Commission’s internet excluding persons with felony or address competitive issues but rather to comment form (http://www.sec.gov/ rules/sro.shtml); or misdemeanor conviction records that enhance the security and continuity of may pose a threat to the safety of • Send an email to rule–comments@ the Exchange’s facilities and records by sec.gov. Please include File Number SR– Exchange personnel or the security of adopting a fingerprinting rule that facilities and records. NYSECHX–2019–06 on the subject line. codifies the Exchange’s current practice The Exchange will comply with all Paper Comments applicable laws relating to the use and in compliance with Section 17(f)(2) of • dissemination of criminal history record the Act as amended by the Dodd-Frank Send paper comments in triplicate 13 information obtained from the FBI. Act. As discussed below, the to: Secretary, Securities and Exchange Exchange notes that the proposed rule Commission, 100 F Street NE, 2. Statutory Basis change is based on the fingerprinting Washington, DC 20549–1090. The Exchange believes that the rules of other SROs. All submissions should refer to File proposed rule change is consistent with Number SR–NYSECHX–2019–06. This Section 6(b) of the Act 10 in general, and file number should be included on the furthers the objectives of Section 6(b)(5) subject line if email is used. To help the of the Act,11 in particular, because it is 12 See, e.g., International Securities Exchange Commission process and review your designed to prevent fraudulent and Rule 1408. See generally Release No. 71066, 78 FR comments more efficiently, please use at 76668, n. 12 (noting that ‘‘[a]n FBI-approved manipulative acts and practices, Channel Partner simply helps expedite the delivery only one method. The Commission will promote just and equitable principles of of Criminal History Summary information on behalf post all comments on the Commission’s trade, remove impediments to and of the FBI’’, and that the ‘‘process for making a internet website (http://www.sec.gov/ request through an FBI-approved Channel Partner is 10 15 U.S.C. 78f(b). consistent with FBI submission procedures’’). 14 15 U.S.C. 78s(b)(3)(A). 11 15 U.S.C. 78f(b)(5). 13 See Section 929S of the Dodd-Frank Act. 15 17 CFR 240.19b–4(f)(6).

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rules/sro.shtml). Copies of the prepared by the Exchange. The interest of uniformity and to facilitate submission, all subsequent Commission is publishing this notice to compliance with membership, amendments, all written statements solicit comments on the proposed rule registration and qualification regulatory with respect to the proposed rule change from interested persons. requirements by members of multiple change that are filed with the I. Self-Regulatory Organization’s Affiliated Exchanges including the Commission, and all written 4 Statement of the Terms of Substance of Exchange. To that end, the Exchange communications relating to the the Proposed Rule Change adopted a new 1200 Series of rules, proposed rule change between the captioned ‘‘Registration, Qualification Commission and any person, other than The Exchange proposes to delete the Exchange’s current Registration, and Continuing Education,’’ generally those that may be withheld from the conforming the Exchange Registration public in accordance with the Qualification and Continuing Education Rules to FINRA’s new 1200 Series, provisions of 5 U.S.C. 552, will be rules (‘‘Exchange Registration Rules’’ and, generally, ‘‘Registration Rules’’) except for a number of Exchange- available for website viewing and 5 printing in the Commission’s Public under the 1200 Series (Rules 1210 specific variations. Reference Room, 100 F Street NE, through 1250), and incorporate by The Exchange now proposes to delete Washington, DC 20549 on official reference The Nasdaq Stock Market the Exchange Registration Rules, business days between the hours of LLC’s (‘‘Nasdaq’’) rules at General 4 currently under the 1200 Series (Rules 10:00 a.m. and 3:00 p.m. Copies of the (‘‘Nasdaq Registration Rules’’), into 1210 through 1250), and incorporate by filing also will be available for General 4 of the Exchange’s rulebook’s reference the Nasdaq Registration Rules 3 inspection and copying at the principal (‘‘Rulebook’’) shell structure. at General 4 of Nasdaq’s rulebook into The text of the proposed rule change office of the Exchange. All comments General 4 of the Exchange’s Rulebook. is available on the Exchange’s website at received will be posted without change. Relatedly, the Exchange will make http://nasdaqgemx.cchwallstreet.com/, Persons submitting comments are necessary cross-reference updates cautioned that we do not redact or edit at the principal office of the Exchange, and at the Commission’s Public throughout the Rulebook. Specifically, personal identifying information from the Exchange will amend the cross- comment submissions. You should Reference Room. reference in Exchange Rule 100. submit only information that you wish II. Self-Regulatory Organization’s to make available publicly. All Statement of the Purpose of, and The incorporation by reference of submissions should refer to File Statutory Basis for, the Proposed Rule Nasdaq Registration Rules at General 4 Number SR–NYSECHX–2019–06 and Change into the Exchange’s General 4 title and should be submitted on or before May any necessary cross-reference updates 23, 2019. In its filing with the Commission, the are regulatory in nature.6 The Exchange Exchange included statements notes that as a condition of an For the Commission, by the Division of concerning the purpose of and basis for Trading and Markets, pursuant to delegated the proposed rule change and discussed exemption, which the Exchange will authority.16 any comments it received on the request and will need to be approved by Jill M. Peterson, proposed rule change. The text of these the Commission pursuant to Section 36 7 Assistant Secretary. statements may be examined at the of the Act, the Exchange agrees to [FR Doc. 2019–08922 Filed 5–1–19; 8:45 am] places specified in Item IV below. The provide written notice to its members BILLING CODE 8011–01–P Exchange has prepared summaries, set whenever Nasdaq proposes a change to forth in sections A, B, and C below, of its General 4 title.8 Such notice will the most significant aspects of such alert Exchange members to the proposed SECURITIES AND EXCHANGE statements. Nasdaq rule change and give them an COMMISSION opportunity to comment on the A. Self-Regulatory Organization’s [Release No. 34–85737; File No. SR–GEMX– Statement of the Purpose of, and proposal. The Exchange will similarly 2019–05] Statutory Basis for, the Proposed Rule inform its members in writing when the Change SEC approves any such proposed Self-Regulatory Organizations; Nasdaq change. GEMX, LLC; Notice of Filing and 1. Purpose Immediate Effectiveness of Proposed 4 The Exchange recently amended, See Securities Exchange Act Release No. 84448 Rule Change To Delete the Exchange reorganized, and enhanced certain of its (October 18, 2018), 83 FR 53669 (October 24, 2018) Registration Rules and Incorporate by (SR–GEMX–2018–33). Reference The Nasdaq Stock Market membership, registration, and 5 Id. Rules at General 4 qualification requirement rules partly in 6 The General 4 rules are categories of rules that response to rule changes by the are not trading rules. See 17 CFR 200.30–3(a)(76) April 26, 2019. Financial Industry Regulatory Authority (contemplating such requests). In addition, several (‘‘FINRA’’), and also in order to conform other Self-Regulatory Organizations (‘‘SROs’’) Pursuant to Section 19(b)(1) of the incorporate by reference certain regulatory rules of Securities Exchange Act of 1934 the Exchange’s rules more closely to other SROs and have received from the Commission (‘‘Act’’),1 and Rule 19b–4 thereunder,2 those of its Affiliated Exchanges in the similar exemptions from Section 19(b) of the notice is hereby given that on April 18, Exchange Act. See e.g., Securities Exchange Act 2019, Nasdaq GEMX, LLC (‘‘GEMX’’ or 3 In 2017, the Exchange added a shell structure to Release Nos. 57478 (March 12, 2008), 73 FR 14521 (March 18, 2008), 53128 (January 13, 2006), 71 FR ‘‘Exchange’’) filed with the Securities its Rulebook with the purpose of improving efficiency and readability and to align its rules 3550 (January 23, 2006); 49260 (February 17, 2004), and Exchange Commission (‘‘SEC’’ or closer to those of its five sister exchanges, The 69 FR 8500 (February 24, 2004). ‘‘Commission’’) the proposed rule Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq 7 15 U.S.C. 78mm. change as described in Items I, II, and PHLX LLC; Nasdaq ISE, LLC; and Nasdaq MRX, 8 The Exchange will provide such notice via a III, below, which Items have been LLC (‘‘Affiliated Exchanges’’). The shell structure posting on the same website location where the currently contains eight (8) General sections which, Exchange posts its own rule filings pursuant to Rule once complete, will apply a common set of rules to 19b–4 within the timeframe required by such rule. 16 17 CFR 200.30–3(a)(12). the Affiliated Exchanges. See Securities Exchange The website posting will include a link to the 1 15 U.S.C. 78s(b)(1). Act Release No. 82171 (November 29, 2017), 82 FR location on the Nasdaq website where the 2 17 CFR 240.19b–4. 57516 (December 5, 2017) (SR–GEMX–2017–54). applicable proposed rule change is posted.

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Implementation necessary or appropriate in furtherance Electronic Comments of the purposes of the Act. The The Exchange proposes that this rule • Use the Commission’s internet Exchange believes that this rule change change becomes operative at such time comment form (http://www.sec.gov/ does not impose an undue burden on as it receives approval for an exemption rules/sro.shtml); or competition because the Exchange is from the Securities and Exchange • Send an email to rule- merely incorporating by reference the Commission, pursuant to its authority [email protected]. Please include File Nasdaq Registration Rules at General 4 under Section 36 of the Act and Rule 0– Number SR–GEMX–2019–05 on the into its own Rulebook. The Exchange 12 9 thereunder, from the Section 19(b) subject line. rule filing requirements to separately Registration Rules are not being file a proposed rule change to amend amended and therefore no member is Paper Comments impacted. the Exchange’s General 4 title. • Send paper comments in triplicate 2. Statutory Basis C. Self-Regulatory Organization’s to Secretary, Securities and Exchange Statement on Comments on the Commission, 100 F Street NE, The Exchange believes that its Proposed Rule Change Received From Washington, DC 20549–1090. proposal is consistent with Section 6(b) Members, Participants, or Others of the Act,10 in general, and furthers the All submissions should refer to File objectives of Section 6(b)(5) of the Act,11 No written comments were either Number SR–GEMX–2019–05. This file in particular, in that it is designed to solicited or received. number should be included on the promote just and equitable principles of subject line if email is used. To help the III. Date of Effectiveness of the trade, to remove impediments to and Commission process and review your Proposed Rule Change and Timing for perfect the mechanism of a free and comments more efficiently, please use Commission Action open market and a national market only one method. The Commission will post all comments on the Commission’s system, and, in general to protect Because the foregoing proposed rule internet website (http://www.sec.gov/ investors and the public interest, by change does not: (i) Significantly affect rules/sro.shtml). Copies of the consolidating its rules into a single rule the protection of investors or the public submission, all subsequent set. The Exchange intends to also file interest; (ii) impose any significant amendments, all written statements similar proposed rule changes for the burden on competition; and (iii) become with respect to the proposed rule Nasdaq BX, Inc.; Nasdaq PHLX LLC; operative for 30 days from the date on change that are filed with the Nasdaq ISE, LLC; and Nasdaq MRX, LLC which it was filed, or such shorter time Commission, and all written markets so that the General 4 rules as the Commission may designate, it has communications relating to the which govern Registration Rules are become effective pursuant to Section proposed rule change between the conformed. 19(b)(3)(A)(iii) of the Act 12 and Commission and any person, other than Incorporating by reference the Nasdaq subparagraph (f)(6) of Rule 19b-4 those that may be withheld from the Registration Rules at General 4 into the thereunder.13 public in accordance with the Exchange’s General 4 title will provide At any time within 60 days of the an easy reference for Exchange members provisions of 5 U.S.C. 552, will be filing of the proposed rule change, the available for website viewing and seeking to comply with registration and Commission summarily may qualification requirements on multiple printing in the Commission’s Public temporarily suspend such rule change if Reference Room, 100 F Street NE, markets. As noted, the Exchange intends it appears to the Commission that such to file similar proposed rule changes for Washington, DC 20549, on official action is necessary or appropriate in the business days between the hours of other Affiliated Exchanges so that public interest, for the protection of Nasdaq General 4 is the source 10:00 a.m. and 3:00 p.m. Copies of the investors, or otherwise in furtherance of filing also will be available for document for all Registration Rules. The the purposes of the Act. If the Exchange notes that the current rule is inspection and copying at the principal Commission takes such action, the office of the Exchange. All comments not changing and that Exchange Commission shall institute proceedings members will be required to continue to received will be posted without change. to determine whether the proposed rule Persons submitting comments are comply with the Nasdaq Registration should be approved or disapproved. Rules as though such rules are fully set cautioned that we do not redact or edit forth in Exchange’s Rulebook. The IV. Solicitation of Comments personal identifying information from Exchange desires to conform its rules comment submissions. You should Interested persons are invited to and locate those rules within the same submit only information that you wish submit written data, views, and location in each Rulebook to provide to make available publicly. All arguments concerning the foregoing, Exchange members the ability to quickly submissions should refer to File including whether the proposed rule locate rules. Number SR–GEMX–2019–05 and change is consistent with the Act. should be submitted on or before May B. Self-Regulatory Organization’s Comments may be submitted by any of 23, 2019. Statement on Burden on Competition the following methods: For the Commission, by the Division of The Exchange does not believe that Trading and Markets, pursuant to delegated the proposed rule change will impose 12 15 U.S.C. 78s(b)(3)(A)(iii). authority.14 any burden on competition not 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires a self-regulatory organization to give Jill M. Peterson, the Commission written notice of its intent to file Assistant Secretary. 9 See 17 CFR 240.0–12; Exchange Act Release No. the proposed rule change at least five business days [FR Doc. 2019–08921 Filed 5–1–19; 8:45 am] 39624 (February 5, 1998), 63 FR 8101 (February 18, prior to the date of filing of the proposed rule 1998). change, or such shorter time as designated by the BILLING CODE 8011–01–P 10 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this 11 15 U.S.C. 78f(b)(5). requirement. 14 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE the most significant aspects of such Orders in addition to, or in lieu of, COMMISSION statements. EFIDs. More specifically, unique identifiers are other identifiers chosen A. Self-Regulatory Organization’s [Release No. 34–85729; File No. SR– Statement of the Purpose of, and by a User and currently comprised of a CboeBZX–2019–030] Statutory Basis for, the Proposed Rule combination of four alpha characters Change appended to an Attributable Order. Self-Regulatory Organizations; Cboe These identifiers allow users to apply a BZX Exchange, Inc.; Notice of Filing 1. Purpose more granular, user-defined identifier and Immediate Effectiveness of a The Exchange proposes to amend its on an Attributable Order to better track Proposed Rule Change Relating To rules to replace certain obsolete terms their orders. The Exchange notes that Replace Obsolete Terminology and correct an inaccurate reference Attributable Orders are optional order April 26, 2019. within its rules. Specifically, on designations and Users are currently Pursuant to Section 19(b)(1) of the November 29, 2018, the Exchange filed able to allocate a user-defined unique Securities Exchange Act of 1934 rule filing SR–CboeBZX–2018–086 identifier for internal, order tracking (‘‘Act’’),1 and Rule 19b–4 thereunder,2 which, among other things, adopted the purposes. Additionally, the Exchange notice is hereby given that on April 17, definition of ‘‘EFID’’ in Rule 21.1(k). notes regardless of whether a User uses 2019, Cboe BZX Exchange, Inc. More specifically, ‘‘EFID’’ is an an Attributable Order and regardless of (‘‘Exchange’’ or ‘‘BZX’’) filed with the executing firm ID and refers to what the whether a User determines to display its Securities and Exchange Commission automated trading system used by BZX EFID and/or another unique identifier (‘‘Commission’’) the proposed rule Options for the trading of options on such Attributable Order, there is no change as described in Items I and II contracts (‘‘System’’) uses to identify the impact on the Exchange’s audit trail, its below, which Items have been prepared Member and the clearing number for the ability to surveil, its ability to match or by the Exchange. The Exchange filed the execution of orders and quotes clear trades, its ability to disseminate proposal as a ‘‘non-controversial’’ submitted to the System on its options real-time or near real time trade proposed rule change pursuant to platform.5 At the time, the Exchange information or any risk control Section 19(b)(3)(A)(iii) of the Act 3 and noted that BZX’s rules had referred only functionality. Indeed, such identifiers Rule 19b–4(f)(6) thereunder.4 The to the term ‘‘MPID’’, which is a on Attributable Orders are for display Commission is publishing this notice to Member’s market participant identifier purposes only. Even where a User solicit comments on the proposed rule and generally equivalent to an EFID. determines to append a unique change from interested persons. The Exchange also noted however, that identifier and not an EFID on an MPIDs are only used for equities trading Attributable Order, the User’s EFID will I. Self-Regulatory Organization’s and that the Exchange does not utilize still be associated with such order and Statement of the Terms of Substance of MPIDs on its options platform, but the Exchange’s system will continue to the Proposed Rule Change rather uses EFIDs. As such, the be able to identify the Member and the Cboe BZX Exchange, Inc. (the Exchange now proposes to update all clearing number for the execution of the ‘‘Exchange’’ or ‘‘BZX’’) is filing with the references to ‘‘market participant ID’’ order. The Exchange further notes that Securities and Exchange Commission and ‘‘MPID’’ to ‘‘executing Firm ID’’ and the proposed definition under Rule (‘‘Commission’’) a proposed rule change ‘‘EFID’’, respectively under Chapter 21.1(c)(1) is consistent with the to replace obsolete terminology. The XXI, which chapter relates to the trading definition of Attributable Orders on its text of the proposed rule change is of options listed on BZX Options (i.e., affiliate, Cboe C2 Exchange, Inc. provided in Exhibit 5. update terms in Rule 21.1(c)(1), Rule (‘‘C2’’).6 The proposed rule change to The text of the proposed rule change 21.1(g), and Rule 21.10(a)). In addition Rule 21.1(c)(1) provides Members is also available on the Exchange’s to this, the Exchange proposed to flexibility in what identifiers it may use website (http://markets.cboe.com/us/ update an inaccurate reference within on Attributable Orders and also makes equities/regulation/rule_filings/bzx/), at Rule 21.1(g) to restrictions with respect clear that User’s may use unique the Exchange’s Office of the Secretary, to bulk messaging in paragraph (j) to identifiers other than EFIDs. The and at the Commission’s Public paragraph (l), in which bulk messaging Exchange notes no substantive change is Reference Room. restrictions are currently set forth. being made by this rule change. The The Exchange also proposes to further Exchange is merely updating its options II. Self-Regulatory Organization’s clarify Rule 21.1(c)(1), which rule Statement of the Purpose of, and rules to reflect the accurate terminology defines ‘‘Attributable Orders’’. relating to market participant identifiers Statutory Basis for, the Proposed Rule Particularly, an Attributable Order is Change and clarifying the current ways in currently defined as orders that are which a User may designate an optional In its filing with the Commission, the designated for display (price and size) display feature. Exchange included statements including the User’s market participant concerning the purpose of and basis for identifier (‘‘MPID’’). As discussed Lastly, the Exchange notes that the proposed rule change and discussed above, the Exchange proposes to replace although rule filing SR–CboeBZX–086 any comments it received on the the reference to ‘‘market participant proposed to replace references to ‘‘User’’ proposed rule change. The text of these identifier (‘‘MPID’’)’’ to ‘‘executing Firm with ‘‘Member’’, it inadvertently failed statements may be examined at the ID (‘‘EFID’’)’’. The Exchange proposes to to update this reference in Rule places specified in Item IV below. The also make clear that User’s may use 21.1(k)(3). The Exchange therefore seeks Exchange has prepared summaries, set other unique identifiers on Attributable to correct this oversight and update the forth in sections A, B, and C below, of reference to ‘‘Users’’ in Rule 21.1(k)(3) 5 See Securities Exchange Act Release No. 84777 to ‘‘Members’’. No substantive changes (December 10, 2018), 83 FR 64397 (December 14, are being made by the proposed rule 1 15 U.S.C. 78s(b)(1). 2018) (Notice of Filing and Immediate Effectiveness change. 2 17 CFR 240.19b–4. of a Proposed Rule Change Relating To Amend Its 3 15 U.S.C. 78s(b)(3)(A)(iii). Provision Related to Its Risk Monitor Mechanism) 4 17 CFR 240.19b–4(f)(6). (SR–CboeBZX–2018–086). 6 See C2 Rule 6.10.

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2. Statutory Basis proposed filing does not substantively the date of the filing. However, pursuant 14 The Exchange believes the proposed change any Member abilities under the to Rule 19b–4(f)(6)(iii), the rule change is consistent with the rules, nor does it impact the Exchange’s Commission may designate a shorter Securities Exchange Act of 1934 (the audit trail, its ability to surveil, its time if such action is consistent with the ‘‘Act’’) and the rules and regulations ability to match or clear trades, its protection of investors and the public thereunder applicable to the Exchange ability to disseminate real-time or near interest. The Exchange has requested and, in particular, the requirements of real time trade information or any risk that the Commission waive the 30-day Section 6(b) of the Act.7 Specifically, control functionality. The proposed operative delay so that the proposal may the Exchange believes the proposed rule change merely corrects inadvertent become operative immediately upon change is consistent with the Section oversights with respect to terminology filing. The Commission believes that 6(b)(5) 8 requirements that the rules of and makes explicit that a User may waiving the 30-day operative delay is an exchange be designed to prevent designate Attributable Orders by using consistent with the protection of fraudulent and manipulative acts and EFIDs and/or other unique identifiers, investors and the public interest as it practices, to promote just and equitable which is an optional feature for display will allow the Exchange to immediately principles of trade, to foster cooperation purposes only and that is currently update its rulebook to reflect current and coordination with persons engaged available to all Users. terminology and reflect how Users can in regulating, clearing, settling, B. Self-Regulatory Organization’s designate Attributable Orders. The processing information with respect to, Statement on Burden on Competition Exchange has represented that no substantive changes are being made to and facilitating transactions in The Exchange does not believe that securities, to remove impediments to its rules and further, that the proposed the proposed rule change will impose rule change will have no impact on (i) and perfect the mechanism of a free and any burden on competition that is not open market and a national market its ability to surveil, match or clear necessary or appropriate in furtherance trades, and disseminate trade system, and, in general, to protect of the purposes of the Act. The information; (ii) risk control investors and the public interest. proposed rule change does not address functionality; or (iii) the Exchange’s Additionally, the Exchange believes the competitive issues, but rather, as audit trail. Accordingly, the proposed rule change is consistent with discussed above, is merely intended to 9 Commission waives the 30-day the Section 6(b)(5) requirement that correct inadvertent uses of inaccurate or operative delay and designates the the rules of an exchange not be designed obsolete terms, which will alleviate proposed rule change operative upon to permit unfair discrimination between potential confusion. customers, issuers, brokers, or dealers. filing.15 The Exchange believes its proposed C. Self-Regulatory Organization’s At any time within 60 days of the rule change to update inaccurately Statement on Comments on the filing of the proposed rule change, the defined terms or references under Rule Proposed Rule Change Received From Commission summarily may 21.1(c)(1), Rule 21.1(g), Rule 21.1(k)(3), Members, Participants, or Others temporarily suspend such rule change if and Rule 21.10(a) will provide The Exchange neither solicited nor it appears to the Commission that such consistency and transparency in the received comments on the proposed action is necessary or appropriate in the rules and alleviate potential confusion, rule change. public interest, for the protection of thereby removing impediments to and III. Date of Effectiveness of the investors, or otherwise in furtherance of perfecting the mechanism of a free and the purposes of the Act. If the open market and a national market Proposed Rule Change and Timing for Commission Action Commission takes such action, the system and protecting investors and the Commission will institute proceedings public interest. Additionally, the Because the foregoing proposed rule to determine whether the proposed rule Exchange believes that the proposed change does not: change should be approved or change to the definition of Attributable A. Significantly affect the protection disapproved. Orders provides consistency across the of investors or the public interest; corresponding C2 Rule 6.10 and makes B. impose any significant burden on IV. Solicitation of Comments clear that User’s may use other unique competition; and identifiers, which, as discussed above, C. become operative for 30 days from Interested persons are invited to are defined by the User and are the date on which it was filed, or such submit written data, views, and currently comprised of a combination of shorter time as the Commission may arguments concerning the foregoing, four alpha characters. As a result, the designate, it has become effective including whether the proposed rule proposed change to this definition pursuant to Section 19(b)(3)(A) of the change is consistent with the Act. provides further consistency and Act 10 and Rule 19b–4(f)(6) 11 Comments may be submitted by any of transparency in the Exchange’s rules thereunder.12 the following methods: A proposed rule change filed under and with that of its affiliate’s rules and Electronic Comments alleviates potential confusion Rule 19b–4(f)(6) 13 normally does not surrounding the designation of become operative prior to 30 days after • Use the Commission’s internet Attributable Orders, which protects comment form (http://www.sec.gov/ investors and the public interest. The 10 15 U.S.C. 78s(b)(3)(A). rules/sro.shtml); or 11 Exchange also believes that providing 17 CFR 240.19b–4(f)(6). 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– • Send an email to rule-comments@ Users the option of using identifiers 4(f)(6)(iii) requires a self-regulatory organization to sec.gov. Please include File Number SR– other than EFIDs provides Users more give the Commission written notice of its intent to CboeBZX–2019–030 on the subject line. flexibility and ability to better track file the proposed rule change, along with a brief description and text of the proposed rule change, their orders. As noted above, the 14 at least five business days prior to the date of filing 17 CFR 240.19b–4(f)(6)(iii). of the proposed rule change, or such shorter time 15 For purposes only of waiving the 30-day 7 15 U.S.C. 78f(b). as designated by the Commission. The Exchange operative delay, the Commission has considered the 8 15 U.S.C. 78f(b)(5). has satisfied this requirement. proposed rule’s impact on efficiency, competition, 9 Id. 13 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f).

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Paper Comments public roundtable on Monday May 6, Exchange filed the proposal as a ‘‘non- 2019 at 9:30 a.m. controversial’’ proposed rule change • Send paper comments in triplicate PLACE: The roundtable will be held in pursuant to Section 19(b)(3)(A) of the to Secretary, Securities and Exchange the Multi-Purpose Room LL–006 at the Act 3 and Rule 19b–4(f)(6) thereunder.4 Commission, 100 F Street NE, Commission’s headquarters, 100 F The Commission is publishing this Washington, DC 20549–1090. Street NE, Washington, DC 20549. notice to solicit comments on the All submissions should refer to File STATUS: The meeting will begin at 9:30 proposed rule change from interested Number SR–CboeBZX–2019–030. This a.m. (ET) and will be open to the public. persons. file number should be included on the Seating will be on a first-come, first- I. Self-Regulatory Organization’s subject line if email is used. To help the served basis. Doors will open at 9:00 Statement of the Terms of Substance of Commission process and review your a.m. Visitors will be subject to security the Proposed Rule Change comments more efficiently, please use checks. The meeting will be webcast on only one method. The Commission will the Commission’s website at Cboe Exchange, Inc. (the ‘‘Exchange’’ post all comments on the Commission’s www.sec.gov. or ‘‘Cboe Options’’) proposes to amend internet website (http://www.sec.gov/ MATTERS TO BE CONSIDERED: The Rule 6.49A to eliminate the Exchange’s rules/sro.shtml). Copies of the Commission staff will host a roundtable on-floor position transfer procedure. submission, all subsequent on small business capital formation, The text of the proposed rule change is amendments, all written statements with a focus on the experiences of provided in Exhibit 5. with respect to the proposed rule investors and companies raising capital The text of the proposed rule change change that are filed with the between the U.S. coasts. The roundtable is also available on the Exchange’s Commission, and all written is open to the public. This Sunshine Act website (http://www.cboe.com/ communications relating to the notice is being issued because a majority AboutCBOE/CBOELegalRegulatory proposed rule change between the of the Commission may attend the Home.aspx), at the Exchange’s Office of Commission and any person, other than meeting. the Secretary, and at the Commission’s those that may be withheld from the The agenda for the roundtable will Public Reference Room. public in accordance with the focus on successes and challenges faced II. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be by small businesses and their investors Statement of the Purpose of, and available for website viewing and as they seek to raise capital, including Statutory Basis for, the Proposed Rule printing in the Commission’s Public the impact of rules and regulations Change Reference Room, 100 F Street NE, under the federal securities laws. In its filing with the Commission, the Washington, DC 20549 on official CONTACT PERSON FOR MORE INFORMATION: Exchange included statements business days between the hours of For further information, please contact concerning the purpose of and basis for 10:00 a.m. and 3:00 p.m. Copies of the Vanessa A. Countryman from the Office the proposed rule change and discussed filing also will be available for of the Secretary at (202) 551–5400. inspection and copying at the principal any comments it received on the Dated: April 29, 2019. office of the Exchange. All comments proposed rule change. The text of these received will be posted without change. Vanessa A. Countryman, statements may be examined at the Persons submitting comments are Acting Secretary. places specified in Item IV below. The cautioned that we do not redact or edit [FR Doc. 2019–09039 Filed 4–30–19; 11:15 am] Exchange has prepared summaries, set personal identifying information from BILLING CODE 8011–01–P forth in sections A, B, and C below, of comment submissions. You should the most significant aspects of such submit only information that you wish statements. to make available publicly. All SECURITIES AND EXCHANGE COMMISSION A. Self-Regulatory Organization’s submissions should refer to File Statement of the Purpose of, and Number SR–CboeBZX–2019–030 and [Release No. 34–85732; File No. SR–CBOE– Statutory Basis for, the Proposed Rule should be submitted on or before May 2019–024] Change 23, 2019. Self-Regulatory Organizations; Cboe 1. Purpose For the Commission, by the Division of Exchange, Inc.; Notice of Filing and Trading and Markets, pursuant to delegated The Exchange proposes to amend authority.16 Immediate Effectiveness of a Proposed Rule 6.49A to delete the provisions Rule Change To Amend Rule 6.49A To Jill M. Peterson, related to on-floor position transfers and Eliminate the Exchange’s On-Floor amend the provision regarding Assistant Secretary. Position Transfer Procedure [FR Doc. 2019–08914 Filed 5–1–19; 8:45 am] presidential exemptions. Rule 6.49A specifies the circumstances under BILLING CODE 8011–01–P April 26, 2019. Pursuant to Section 19(b)(1) of the which Trading Permit Holders may Securities Exchange Act of 1934 (the effect transfers of positions, both on and SECURITIES AND EXCHANGE ‘‘Act’’),1 and Rule 19b–4 thereunder,2 off the trading floor, notwithstanding 5 COMMISSION notice is hereby given that on April 16, the prohibition in Rule 6.49(a). Rule 2019, Cboe Exchange, Inc. (the 6.49A(a)(2) permits certain position Sunshine Act Meetings ‘‘Exchange’’ or ‘‘Cboe Options’’) filed transfers to occur on the floor of the with the Securities and Exchange exchange or on another options TIME AND DATE: Notice is hereby given, Commission (the ‘‘Commission’’) the exchange. The procedures for such on- pursuant to the provisions of the proposed rule change as described in Government in the Sunshine Act, Public Items I and II below, which Items have 3 15 U.S.C. 78s(b)(3)(A). 4 Law 94–409, that the Securities and been prepared by the Exchange. The 17 CFR 240.19b–4(f)(6). Exchange Commission staff will hold a 5 Rule 6.49 generally requires transactions of option contracts listed on the Exchange for a 1 15 U.S.C. 78s(b)(1). premium in excess of $1.00 to be effected on the 16 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. floor of the Exchange or on another exchange.

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floor position transfers are set forth in largely consolidated in the hands of fraudulent and manipulative acts and Rule 6.49A(b) and (c), as well as firms rather than individuals, such practices, to promote just and equitable Interpretations and Policies .01 through transfers are, for the most part principles of trade, to foster cooperation .03. The Exchange no longer wants to unnecessary; if an individual takes an and coordination with persons engaged make available on-floor transfers of extended vacation, another member of in regulating, clearing, settling, positions, so the proposed rule change the firm handles the firm’s book. processing information with respect to, deletes paragraphs (a)(2), (b), and (c), Accordingly, the Exchange believes that and facilitating transactions in and Interpretations and Policies .01 the on-floor transfer of positions securities, to remove impediments to through .03 6 from Rule 6.49A.7 The on- procedure no longer serves the uses for and perfect the mechanism of a free and floor position transfer procedure is which is was originally adopted. The open market and a national market administratively burdensome on the Exchange also notes that at least one system, and, in general, to protect Exchange, and is currently used by other options exchange with a trading investors and the public interest. Trading Permit Holders on a limited floor and a transfer of positions rule Additionally, the Exchange believes the basis. As the Exchange noted when the does not offer an on-floor transfer proposed rule change is consistent with rule was adopted, the Exchange’s ‘‘on- procedure.11 the Section 6(b)(5) 15 requirement that floor’’ procedure was intended to help Current paragraph (d) (proposed the rules of an exchange not be designed ensure that Trading Permit Holders with paragraph (b)) contains exemptions to to permit unfair discrimination between a need to transfer positions in bulk as Rule 6.49A(a) that are approved by the customers, issuers, brokers, or dealers. part of a sale or disposition of all or Exchange’s president.12 The proposed The Exchange believes that the substantially all of a Trading Permit rule change permits the President or a proposed rule change to eliminate the Holder’s assets or options positions designee to grant an exemption to the on-floor position transfer procedure were able to get the best possible price Rule 6.49(a) prohibition if, in his or her promotes just and equitable principles for the positions while also ensuring judgment, allowing the off-floor transfer of trade, helps remove impediments to that other Trading Permit Holders have is necessary or appropriate for the and perfect the mechanism of a free and an adequate opportunity to make bids maintenance of a fair and orderly open market and a national market and offers on the positions that are market and the protection of investors system, and promotes efficient being transferred.8 In addition, the and is in the public interest, including administration of the Exchange, as it Exchange noted the ‘‘on-floor’’ position due to unusual or extraordinary eliminates a complex procedure that is transfer procedure could be used by circumstances such as the market value of limited use to Trading Permit Holders Market-Makers that, for reasons other of the Person’s positions will be today but still imposes an than a forced liquidation, such as an comprised by having to comply with the administrative burden on the Exchange. extended vacation, wished to liquidate requirement to trade on the Exchange The proposed rule change removes their entire, or nearly their entire, open pursuant to the normal auction process impediments to and perfects the positions in a single set of transactions, or, when in the judgment of President mechanism of a free and open market, subject to certain restrictions.9 or his or her designee, market because it is similar to rules of other For example, the Exchange’s on-floor conditions make trading on the options exchanges. The Exchange also transfer of positions rule was also Exchange impractical. The proposed notes that at least one other options intended to address the common rule change updates language consistent exchange with a trading floor and a situation in which a Designated Primary with the change to only permit off-floor transfer of positions rule does not offer Market-Maker (‘‘DPM’’) sold its business transfers. Additionally, the additional an on-floor transfer procedure,16 and at or in which a Market-Maker, for reasons circumstances in which the President or least one other options exchange lets a other than a forced liquidation, such as a designee may grant an exemption are designee of the Exchange president an extended vacation, wished to similar to those that the President or a grant an exemption.17 Additionally, the liquidate its entire, or nearly entire, designee may consider when taking additional circumstances in which the position in a single set of transactions.10 action under emergency conditions President or a designee may grant an Currently, because DPMs have been pursuant to Rule 6.17. exemption are similar to those that the The proposed rule change makes no President or a designee may consider 6 changes to permissible off-floor position The Exchange proposes to move the provision when taking action under emergency in Interpretation and Policy .03 that states the on- transfers. floor transfer procedure is not to be used repeatedly conditions pursuant to Rule 6.17, and or routinely in circumvention of the normal auction 2. Statutory Basis thus the proposed rule change does not market process to proposed paragraph (g), as that The Exchange believes the proposed significantly expand the Exchange’s provision applies to both the current on-floor and rule change is consistent with the Act President’s authority to take action off-floor position transfer procedures. when necessary or appropriate for the 7 The proposed rule change makes conforming and the rules and regulations changes to the paragraph lettering and numbering thereunder applicable to the Exchange maintenance of a fair and orderly in current subparagraph (a)(1) (proposed and, in particular, the requirements of market and to protect investors. subparagraph (a)). Because, as proposed, Rule 6.49A 13 will only relate to off-floor transfers, the proposed Section 6(b) of the Act. Specifically, B. Self-Regulatory Organization’s rule change renames Rule 6.49A and adds a heading the Exchange believes the proposed rule Statement on Burden on Competition to proposed paragraph (a). change is consistent with the Section 8 The Exchange does not believe that See Exchange Act Release No. 36647 (December 6(b)(5) 14 requirements that the rules of the proposed rule change will impose 28, 1995), 61 FR 566 (January 8, 1996) (Order an exchange be designed to prevent Approving and Notice of Filing and Order Granting any burden on competition that is not Accelerated Approval of Amendments No. 1 and 2 necessary or appropriate in furtherance to a Proposed Rule Change Relating to the Transfer 11 See, e.g., Nasdaq OMX PHLX LLC (‘‘Phlx’’) of Positions on the Floor of the Exchange in Cases 1058. of the purposes of the Act. The of Dissolution and other Situations) (SR–CBOE–95– 12 Similar to the rules of other exchanges, the 36). proposed rule change also lets a designee of the 15 Id. 9 Id. Among other restrictions, repeated and Exchange president grant an exemption. See, e.g., 16 See, e.g., Nasdaq OMX PHLX LLC (‘‘Phlx’’) frequent use of the on-floor procedure in Rule Arca Rule 6.78–O(f). 1058. 6.49A by a TPH is not permitted. 13 15 U.S.C. 78f(b). 17 See, e.g., NYSE Arca, Inc. (‘‘Arca’’) Rule 6.78– 10 Id. 14 15 U.S.C. 78f(b)(5). O(f).

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Exchange does not believe the proposed consistent with the protection of proposed rule change between the rule change will impose any burden on investors and the public interest, the Commission and any person, other than intramarket competition, as the current proposed rule change has become those that may be withheld from the on-floor position transfer procedure is of effective pursuant to Section 19(b)(3)(A) public in accordance with the limited use to Trading Permit Holders of the Act and Rule 19b–4(f)(6) provisions of 5 U.S.C. 552, will be today but still imposes an thereunder.22 available for website viewing and administrative burden on the Exchange. At any time within 60 days of the printing in the Commission’s Public The proposed elimination of the on- filing of such proposed rule change, the Reference Room, 100 F Street NE, floor position transfer promotes efficient Commission summarily may Washington, DC 20549, on official administration of the Exchange, as it temporarily suspend such rule change if business days between the hours of it appears to the Commission that such eliminates this complex procedure that 10:00 a.m. and 3:00 p.m. Copies of the action is necessary or appropriate in the is limited in application. Market filing also will be available for participants will still be able to effect public interest, for the protection of inspection and copying at the principal transactions on the Exchange pursuant investors, or otherwise in furtherance of office of the Exchange. All comments to the normal auction process if an off- the purposes of the Act. If the floor transfer is not permissible. Commission takes such action, the received will be posted without change. The Exchange does not believe the Commission shall institute proceedings Persons submitting comments are proposed rule change will impose any under Section 19(b)(2)(B) 23 of the Act to cautioned that we do not redact or edit burden on intermarket competition. As determine whether the proposed rule personal identifying information from discussed above, at least one other change should be approved or comment submissions. You should options exchange with a trading floor disapproved. submit only information that you wish and a transfer of positions rule does not to make available publicly. All IV. Solicitation of Comments offer an on-floor transfer procedure,18 submissions should refer to File and at least one other options exchange Interested persons are invited to Number SR–CBOE–2019–024 and lets a designee of the Exchange submit written data, views, and should be submitted on or before May president grant an exemption.19 arguments concerning the foregoing, 23, 2019. Additionally, the additional including whether the proposed rule For the Commission, by the Division of circumstances in which the President or change is consistent with the Act. Comments may be submitted by any of Trading and Markets, pursuant to delegated a designee may grant an exemption are authority.24 similar to those that the President or a the following methods: Jill M. Peterson, designee may consider when taking Electronic Comments Assistant Secretary. action under emergency conditions • pursuant to Rule 6.17, and thus the Use the Commission’s internet [FR Doc. 2019–08919 Filed 5–1–19; 8:45 am] comment form (http://www.sec.gov/ proposed rule change does not BILLING CODE 8011–01–P rules/sro.shtml); or significantly expand the Exchange’s • President’s authority to take action Send an email to rule-comments@ when necessary or appropriate for the sec.gov. Please include File Number SR– SECURITIES AND EXCHANGE maintenance of a fair and orderly CBOE–2019–024 on the subject line. COMMISSION market and to protect investors. Paper Comments C. Self-Regulatory Organization’s • Send paper comments in triplicate [Release No. 34–85730; File No. SR–MRX– Statement on Comments on the to Secretary, Securities and Exchange 2019–09] Proposed Rule Change Received From Commission, 100 F Street NE, Members, Participants, or Others Washington, DC 20549–1090. Self-Regulatory Organizations; Nasdaq All submissions should refer to File MRX, LLC; Notice of Filing and The Exchange neither solicited nor Immediate Effectiveness of Proposed received written comments on the Number SR–CBOE–2019–024. This file Rule Change To Delete the Exchange’s proposed rule change. number should be included on the subject line if email is used. To help the Current Registration, Qualification and III. Date of Effectiveness of the Commission process and review your Continuing Education Rules Proposed Rule Change and Timing for comments more efficiently, please use Commission Action only one method. The Commission will April 26, 2019. The Exchange has filed the proposed post all comments on the Commission’s Pursuant to Section 19(b)(1) of the rule change pursuant to Section internet website (http://www.sec.gov/ Securities Exchange Act of 1934 19(b)(3)(A) of the Act 20 and Rule 19b– rules/sro.shtml). Copies of the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 4(f)(6) thereunder.21 Because the submission, all subsequent notice is hereby given that on April 18, proposed rule change does not: (i) amendments, all written statements 2019, Nasdaq MRX, LLC (‘‘MRX’’ or Significantly affect the protection of with respect to the proposed rule ‘‘Exchange’’) filed with the Securities investors or the public interest; (ii) change that are filed with the and Exchange Commission (‘‘SEC’’ or impose any significant burden on Commission, and all written ‘‘Commission’’) the proposed rule competition; and (iii) become operative communications relating to the change as described in Items I, II, and for 30 days from the date on which it III, below, which Items have been was filed, or such shorter time as the 22 In addition, Rule 19b–4(f)(6)(iii) requires a self- prepared by the Exchange. The Commission may designate, if regulatory organization to give the Commission written notice of its intent to file the proposed rule Commission is publishing this notice to change, along with a brief description and text of solicit comments on the proposed rule 18 See, e.g., Nasdaq OMX PHLX LLC (‘‘Phlx’’) the proposed rule change, at least five business days change from interested persons. 1058. prior to the date of filing of the proposed rule 19 See, e.g., NYSE Arca, Inc. (‘‘Arca’’) Rule 6.78– change, or such shorter time as designated by the 24 O(f). Commission. The Exchange has satisfied this 17 CFR 200.30–3(a)(12). 20 15 U.S.C. 78s(b)(3)(A). requirement. 1 15 U.S.C. 78s(b)(1). 21 17 CFR 240.19b–4(f)(6). 23 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4.

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I. Self-Regulatory Organization’s Affiliated Exchanges including the under Section 36 of the Act and Rule 0– Statement of the Terms of Substance of Exchange.4 To that end, the Exchange 12 9 thereunder, from the Section 19(b) the Proposed Rule Change adopted a new 1200 Series of rules, rule filing requirements to separately The Exchange proposes to delete the captioned ‘‘Registration, Qualification file a proposed rule change to amend Exchange’s current Registration, and Continuing Education,’’ generally the Exchange’s General 4 title. conforming the Exchange Registration Qualification and Continuing Education 2. Statutory Basis rules (‘‘Exchange Registration Rules’’ Rules to FINRA’s new 1200 Series, except for a number of Exchange- The Exchange believes that its and, generally, ‘‘Registration Rules’’) 5 under the 1200 Series (Rules 1210 specific variations. proposal is consistent with Section 6(b) The Exchange now proposes to delete 10 through 1250), and incorporate by of the Act, in general, and furthers the the Exchange Registration Rules, 11 reference The Nasdaq Stock Market objectives of Section 6(b)(5) of the Act, currently under the 1200 Series (Rules LLC’s (‘‘Nasdaq’’) rules at General 4 in particular, in that it is designed to 1210 through 1250), and incorporate by (‘‘Nasdaq Registration Rules’’), into promote just and equitable principles of reference the Nasdaq Registration Rules General 4 of the Exchange’s rulebook’s trade, to remove impediments to and at General 4 of Nasdaq’s rulebook into (‘‘Rulebook’’) shell structure.3 perfect the mechanism of a free and General 4 of the Exchange’s Rulebook. The text of the proposed rule change open market and a national market Relatedly, the Exchange will make is available on the Exchange’s website at system, and, in general to protect necessary cross-reference updates http://nasdaqmrx.cchwallstreet.com/, at investors and the public interest, by throughout the Rulebook. Specifically, the principal office of the Exchange, and consolidating its rules into a single rule the Exchange will amend the cross- at the Commission’s Public Reference set. The Exchange intends to also file reference in Exchange Rule 100. Room. similar proposed rule changes for the The incorporation by reference of Nasdaq BX, Inc.; Nasdaq PHLX LLC; II. Self-Regulatory Organization’s Nasdaq Registration Rules at General 4 Nasdaq GEMX, LLC; and Nasdaq ISE, Statement of the Purpose of, and into the Exchange’s General 4 title and LLC markets so that the General 4 rules Statutory Basis for, the Proposed Rule any necessary cross-reference updates which govern Registration Rules are Change are regulatory in nature.6 The Exchange conformed. notes that as a condition of an In its filing with the Commission, the Incorporating by reference the Nasdaq exemption, which the Exchange will Exchange included statements Registration Rules at General 4 into the request and will need to be approved by concerning the purpose of and basis for Exchange’s General 4 title will provide the Commission pursuant to Section 36 the proposed rule change and discussed an easy reference for Exchange members of the Act,7 the Exchange agrees to any comments it received on the seeking to comply with registration and provide written notice to its members proposed rule change. The text of these qualification requirements on multiple whenever Nasdaq proposes a change to statements may be examined at the markets. As noted, the Exchange intends its General 4 title.8 Such notice will places specified in Item IV below. The to file similar proposed rule changes for alert Exchange members to the proposed Exchange has prepared summaries, set other Affiliated Exchanges so that Nasdaq rule change and give them an forth in sections A, B, and C below, of Nasdaq General 4 is the source opportunity to comment on the the most significant aspects of such document for all Registration Rules. The proposal. The Exchange will similarly statements. Exchange notes that the current rule is inform its members in writing when the not changing and that Exchange A. Self-Regulatory Organization’s SEC approves any such proposed members will be required to continue to Statement of the Purpose of, and change. comply with the Nasdaq Registration Statutory Basis for, the Proposed Rule Implementation Rules as though such rules are fully set Change forth in Exchange’s Rulebook. The The Exchange proposes that this rule 1. Purpose Exchange desires to conform its rules change becomes operative at such time and locate those rules within the same The Exchange recently amended, as it receives approval for an exemption location in each Rulebook to provide reorganized, and enhanced certain of its from the Securities and Exchange Exchange members the ability to quickly membership, registration, and Commission, pursuant to its authority locate rules. qualification requirement rules partly in response to rule changes by the 4 See Securities Exchange Act Release No. 84385 B. Self-Regulatory Organization’s Financial Industry Regulatory Authority (October 9, 2018), 83 FR 52023 (October 15, 2018) Statement on Burden on Competition (‘‘FINRA’’), and also in order to conform (SR–MRX–2018–31). 5 Id. The Exchange does not believe that the Exchange’s rules more closely to 6 The General 4 rules are categories of rules that the proposed rule change will impose those of its Affiliated Exchanges in the are not trading rules. See 17 CFR 200.30–3(a)(76) any burden on competition not interest of uniformity and to facilitate (contemplating such requests). In addition, several necessary or appropriate in furtherance compliance with membership, other Self-Regulatory Organizations (‘‘SROs’’) incorporate by reference certain regulatory rules of of the purposes of the Act. The registration and qualification regulatory other SROs and have received from the Commission Exchange believes that this rule change requirements by members of multiple similar exemptions from Section 19(b) of the does not impose an undue burden on Exchange Act. See e.g., Securities Exchange Act competition because the Exchange is 3 In 2017, the Exchange added a shell structure to Release Nos. 57478 (March 12, 2008), 73 FR 14521 its Rulebook with the purpose of improving (March 18, 2008), 53128 (January 13, 2006), 71 FR merely incorporating by reference the efficiency and readability and to align its rules 3550 (January 23, 2006); 49260 (February 17, 2004), Nasdaq Registration Rules at General 4 closer to those of its five sister exchanges, The 69 FR 8500 (February 24, 2004). into its own Rulebook. The Exchange Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq 7 15 U.S.C. 78mm. Registration Rules are not being PHLX LLC; Nasdaq GEMX, LLC; and Nasdaq ISE, 8 The Exchange will provide such notice via a LLC (‘‘Affiliated Exchanges’’). The shell structure posting on the same website location where the currently contains eight (8) General sections which, Exchange posts its own rule filings pursuant to Rule 9 See 17 CFR 240.0–12; Exchange Act Release No. once complete, will apply a common set of rules to 19b–4 within the timeframe required by such rule. 39624 (February 5, 1998), 63 FR 8101 (February 18, the Affiliated Exchanges. See Securities Exchange The website posting will include a link to the 1998). Act Release No. 82172 (November 29, 2017), 82 FR location on the Nasdaq website where the 10 15 U.S.C. 78f(b). 57495 (December 5, 2017) (SR–MRX–2017–26). applicable proposed rule change is posted. 11 15 U.S.C. 78f(b)(5).

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amended and therefore no member is Commission, 100 F Street NE, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 impacted. Washington, DC 20549–1090. notice is hereby given that on April 17, 2019, Cboe EDGX Exchange, Inc. C. Self-Regulatory Organization’s All submissions should refer to File (‘‘Exchange’’ or ‘‘EDGX’’) filed with the Statement on Comments on the Number SR–MRX–2019–09. This file Securities and Exchange Commission Proposed Rule Change Received From number should be included on the (‘‘Commission’’) the proposed rule Members, Participants, or Others subject line if email is used. To help the Commission process and review your change as described in Items I and II No written comments were either comments more efficiently, please use below, which Items have been prepared solicited or received. only one method. The Commission will by the Exchange. The Exchange filed the proposal as a ‘‘non-controversial’’ III. Date of Effectiveness of the post all comments on the Commission’s internet website (http://www.sec.gov/ proposed rule change pursuant to Proposed Rule Change and Timing for 3 rules/sro.shtml). Copies of the Section 19(b)(3)(A)(iii) of the Act and Commission Action 4 submission, all subsequent Rule 19b–4(f)(6) thereunder. The Because the foregoing proposed rule amendments, all written statements Commission is publishing this notice to change does not: (i) Significantly affect with respect to the proposed rule solicit comments on the proposed rule the protection of investors or the public change that are filed with the change from interested persons. interest; (ii) impose any significant Commission, and all written I. Self-Regulatory Organization’s burden on competition; and (iii) become communications relating to the Statement of the Terms of Substance of operative for 30 days from the date on proposed rule change between the the Proposed Rule Change which it was filed, or such shorter time Commission and any person, other than as the Commission may designate, it has Cboe EDGX Exchange, Inc. (the those that may be withheld from the ‘‘Exchange’’ or ‘‘EDGX’’) is filing with become effective pursuant to Section public in accordance with the 19(b)(3)(A)(iii) of the Act 12 and the Securities and Exchange provisions of 5 U.S.C. 552, will be Commission (‘‘Commission’’) a subparagraph (f)(6) of Rule 19b–4 available for website viewing and 13 proposed rule change to replace thereunder. printing in the Commission’s Public At any time within 60 days of the obsolete terminology. The text of the Reference Room, 100 F Street NE, proposed rule change is provided in filing of the proposed rule change, the Washington, DC 20549, on official Commission summarily may Exhibit 5. business days between the hours of The text of the proposed rule change temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the it appears to the Commission that such is also available on the Exchange’s filing also will be available for website (http://markets.cboe.com/us/ action is necessary or appropriate in the inspection and copying at the principal _ public interest, for the protection of options/regulation/rule filings/edgx/), office of the Exchange. All comments at the Exchange’s Office of the investors, or otherwise in furtherance of received will be posted without change. the purposes of the Act. If the Secretary, and at the Commission’s Persons submitting comments are Public Reference Room. Commission takes such action, the cautioned that we do not redact or edit Commission shall institute proceedings personal identifying information from II. Self-Regulatory Organization’s to determine whether the proposed rule comment submissions. You should Statement of the Purpose of, and should be approved or disapproved. submit only information that you wish Statutory Basis for, the Proposed Rule IV. Solicitation of Comments to make available publicly. All Change submissions should refer to File Interested persons are invited to In its filing with the Commission, the Number SR–MRX–2019–09 and should submit written data, views, and Exchange included statements be submitted on or before May 23, 2019. arguments concerning the foregoing, concerning the purpose of and basis for including whether the proposed rule For the Commission, by the Division of the proposed rule change and discussed change is consistent with the Act. Trading and Markets, pursuant to delegated any comments it received on the 14 Comments may be submitted by any of authority. proposed rule change. The text of these the following methods: Jill M. Peterson, statements may be examined at the Assistant Secretary. places specified in Item IV below. The Electronic Comments [FR Doc. 2019–08917 Filed 5–1–19; 8:45 am] Exchange has prepared summaries, set forth in sections A, B, and C below, of • Use the Commission’s internet BILLING CODE 8011–01–P comment form (http://www.sec.gov/ the most significant aspects of such rules/sro.shtml); or statements. • Send an email to rule- SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s [email protected]. Please include File COMMISSION Statement of the Purpose of, and Number SR–MRX–2019–09 on the Statutory Basis for, the Proposed Rule subject line. [Release No. 34–85725; File No. SR– Change CboeEDGX–2019–024] Paper Comments 1. Purpose • Send paper comments in triplicate Self-Regulatory Organizations; Cboe The Exchange proposes to amend its to Secretary, Securities and Exchange EDGX Exchange, Inc.; Notice of Filing rules to replace certain obsolete terms. and Immediate Effectiveness of a Specifically, on November 30, 2018, the 12 15 U.S.C. 78s(b)(3)(A)(iii). Proposed Rule Change Relating To Exchange filed a rule filing, SR– 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Replace Obsolete Terminology CboeEDGX–2018–058, which, among 4(f)(6) requires a self-regulatory organization to give other things, adopted the definition of the Commission written notice of its intent to file April 26, 2019. the proposed rule change at least five business days Pursuant to Section 19(b)(1) of the 1 prior to the date of filing of the proposed rule 15 U.S.C. 78s(b)(1). Securities Exchange Act of 1934 2 change, or such shorter time as designated by the 17 CFR 240.19b–4. Commission. The Exchange has satisfied this 3 15 U.S.C. 78s(b)(3)(A)(iii). requirement. 14 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6).

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EFID in Rule 21.1(k). More specifically, clear trades, its ability to disseminate The Exchange believes its proposed ‘‘EFID’’ is an executing firm ID and real-time or near real time trade rule change to update inaccurately refers to what the automated trading information or any risk control defined terms or references under Rule system used by EDGX Options for the functionality. Indeed, such identifiers 21.1(c)(1), Rule 21.1(g), Rule 21.1(k)(3), trading of options contracts (‘‘System’’) on Attributable Orders are for display and Rule 21.10(a) will provide uses to identify the Member and the purposes only. Even where a User consistency and transparency in the clearing number for the execution of determines to append a unique rules and alleviate potential confusion, orders and quotes submitted to the identifier and not an EFID on an thereby removing impediments to and 5 System on its options platform. At the Attributable Order, the User’s EFID will perfecting the mechanism of a free and time, the Exchange noted that BZX’s still be associated with such order and open market and a national market rules had referred only to the term the Exchange’s system will continue to system and protecting investors and the ‘‘MPID’’, which is a Member’s market be able to identify the Member and the public interest. Additionally, the participant identifier and generally clearing number for the execution of the equivalent to an EFID. The Exchange Exchange believes that the proposed order. The Exchange further notes that change to the definition of Attributable also noted however, that MPIDs are only the proposed definition under 21.1(c)(1) Orders provides consistency across the used for equities trading and that the is consistent with the definition of corresponding C2 Rule 6.10 and makes Exchange does not utilize MPIDs on its Attributable Orders on its affiliate, Cboe clear that User’s may use other unique options platform, but rather uses EFIDs. C2 Exchange, Inc. (‘‘C2’’).6 The As such, the Exchange now proposes to proposed rule change to Rule 21.1(c)(1) identifiers, which, as discussed above, update all references to ‘‘market provides Members flexibility in what are defined by the User and are participant ID’’ and ‘‘MPID’’ to identifiers it may use on Attributable currently comprised of a combination of ‘‘executing firm ID’’ and ‘‘EFID’’ under Orders and also makes clear that User’s four alpha characters. As a result, the Chapter XXI, which chapter relates to may use unique identifiers other than proposed change to this definition the trading of options listed on EDGX EFIDs. The Exchange notes no provides further consistency and Options (i.e., update terms in Rule substantive change is being made by transparency in the Exchange’s rules 21.1(c)(1), Rule 21.1(g), and Rule this rule change. The Exchange is and with that of its affiliate’s rules and 21.10(a)). merely updating its options rules to alleviates potential confusion The Exchange also proposes to further reflect the accurate terminology relating surrounding the designation of clarify Rule 21.1(c)(1), which rule to market participant identifiers and Attributable Orders, which protects defines ‘‘Attributable Orders’’. clarifying the current ways in which a investors and the public interest. The Particularly, an Attributable Order is User may designate an optional display currently defined as orders that are Exchange also believes that providing feature. designated for display (price and size) Users the option of using identifiers including the User’s market participant 2. Statutory Basis other than EFIDs provides Users more identifier (‘‘MPID’’). As discussed flexibility and ability to better track above, the Exchange proposes to replace The Exchange believes the proposed their orders. As noted above, the the reference to ‘‘market participant rule change is consistent with the proposed filing does not substantively identifier (‘‘MPID’’)’’ to ‘‘executing Firm Securities Exchange Act of 1934 (the change any Member abilities under the ID (‘‘EFID’’)’’. The Exchange proposes to ‘‘Act’’) and the rules and regulations rules, nor does it impact the Exchange’s also make clear that Users may use other thereunder applicable to the Exchange audit trail, its ability to surveil, its unique identifiers on Attributable and, in particular, the requirements of ability to match or clear trades, its Orders in addition to, or in lieu of, Section 6(b) of the Act.7 Specifically, ability to disseminate real-time or near EFIDs. More specifically, unique the Exchange believes the proposed rule real time trade information or any risk identifiers are other identifiers chosen change is consistent with the Section control functionality. The proposed 8 by a User and currently comprised of a 6(b)(5) requirements that the rules of change merely corrects inadvertent combination of four alpha characters an exchange be designed to prevent oversights with respect to terminology appended to an Attributable Order. fraudulent and manipulative acts and and makes explicit that a User may These identifiers allow users to apply a practices, to promote just and equitable designate Attributable Orders by using principles of trade, to foster cooperation more granular, user-defined identifier EFIDs and/or other unique identifiers, on an Attributable Order to better track and coordination with persons engaged which is an optional feature for display their orders. The Exchange notes that in regulating, clearing, settling, purposes only and that is currently Attributable Orders are optional order processing information with respect to, designations and Users are currently and facilitating transactions in available to all Users. able to allocate a user-defined unique securities, to remove impediments to B. Self-Regulatory Organization’s identifier for internal, order tracking and perfect the mechanism of a free and Statement on Burden on Competition purposes. Additionally, the Exchange open market and a national market notes regardless of whether a User uses system, and, in general, to protect The Exchange does not believe that an Attributable Order and regardless of investors and the public interest. the proposed rule change will impose whether a User determines to display its Additionally, the Exchange believes the any burden on competition that is not EFID and/or another unique identifier proposed rule change is consistent with necessary or appropriate in furtherance on such Attributable Order, there is no the Section 6(b)(5) 9 requirement that of the purposes of the Act. The impact on the Exchange’s audit trail, its the rules of an exchange not be designed proposed rule change does not address ability to surveil, its ability to match or to permit unfair discrimination between competitive issues, but rather, as customers, issuers, brokers, or dealers. discussed above, is merely intended to 5 See Securities Exchange Act Release No. 84778 correct an inadvertent uses of inaccurate (December 10, 2018) 83 FR 64384 (December 14, 6 2018) (Notice of Filing and Immediate Effectiveness See C2 Rule 6.10. or obsolete terms, which will alleviate of a Proposed Rule Change Relating To Amend Its 7 15 U.S.C. 78f(b). potential confusion. Provision Related to Its Risk Monitor Mechanism) 8 15 U.S.C. 78f(b)(5). (SR–CboeEDGX–2018–058). 9 Id.

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C. Self-Regulatory Organization’s proposed rule change operative upon Washington, DC 20549 on official Statement on Comments on the filing.15 business days between the hours of Proposed Rule Change Received From At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the Members, Participants, or Others filing of the proposed rule change, the filing also will be available for Commission summarily may inspection and copying at the principal The Exchange neither solicited nor temporarily suspend such rule change if office of the Exchange. All comments received comments on the proposed it appears to the Commission that such received will be posted without change. rule change. action is necessary or appropriate in the Persons submitting comments are III. Date of Effectiveness of the public interest, for the protection of cautioned that we do not redact or edit Proposed Rule Change and Timing for investors, or otherwise in furtherance of personal identifying information from Commission Action the purposes of the Act. If the comment submissions. You should Commission takes such action, the submit only information that you wish Because the foregoing proposed rule Commission will institute proceedings to make available publicly. All change does not: to determine whether the proposed rule submissions should refer to File A. Significantly affect the protection change should be approved or Number SR–CboeEDGX–2019–024 and of investors or the public interest; disapproved. should be submitted on or before May B. impose any significant burden on 23, 2019. competition; and IV. Solicitation of Comments For the Commission, by the Division of C. become operative for 30 days from Interested persons are invited to Trading and Markets, pursuant to delegated the date on which it was filed, or such submit written data, views, and authority.16 shorter time as the Commission may arguments concerning the foregoing, Jill M. Peterson, designate, it has become effective including whether the proposed rule Assistant Secretary. pursuant to Section 19(b)(3)(A) of the change is consistent with the Act. [FR Doc. 2019–08910 Filed 5–1–19; 8:45 am] Act 10 and Rule 19b–4(f)(6) 11 Comments may be submitted by any of thereunder.12 the following methods: BILLING CODE 8011–01–P A proposed rule change filed under Electronic Comments Rule 19b–4(f)(6) 13 normally does not SECURITIES AND EXCHANGE • Use the Commission’s internet become operative prior to 30 days after COMMISSION the date of the filing. However, pursuant comment form (http://www.sec.gov/ to Rule 19b–4(f)(6)(iii),14 the rules/sro.shtml); or [Release No. 34–85734; File No. SR– • Commission may designate a shorter Send an email to rule- CboeEDGX–2019–009] [email protected]. Please include File time if such action is consistent with the Self-Regulatory Organizations; Cboe protection of investors and the public Number SR–CboeEDGX–2019–024 on the subject line. EDGX Exchange, Inc.; Notice of interest. The Exchange has requested Designation of Longer Period for that the Commission waive the 30-day Paper Comments Commission Action on Proposed Rule operative delay so that the proposal may • Change, as Modified by Amendment become operative immediately upon Send paper comments in triplicate to Secretary, Securities and Exchange No. 1, To Adopt Rule 21.21 (Solicitation filing. The Commission believes that Auction Mechanism) waiving the 30-day operative delay is Commission, 100 F Street NE, consistent with the protection of Washington, DC 20549–1090. April 26, 2019. investors and the public interest as it All submissions should refer to File On February 21, 2019, Cboe EDGX will allow the Exchange to immediately Number SR-CboeEDGX–2019–024. This Exchange, Inc. (the ‘‘Exchange’’) filed update its rulebook to reflect current file number should be included on the with the Securities and Exchange terminology and reflect how Users can subject line if email is used. To help the Commission (‘‘Commission’’), pursuant designate Attributable Orders. The Commission process and review your to Section 19(b)(1) of the Securities Exchange has represented that no comments more efficiently, please use Exchange Act of 1934 (‘‘Act’’) 1 and Rule substantive changes are being made to only one method. The Commission will 19b–4 thereunder,2 a proposed rule its rules and further, that the proposed post all comments on the Commission’s change to adopt Rule 21.21, the rule change will have no impact on (i) internet website (http://www.sec.gov/ Solicitation Auction Mechanism, a its ability to surveil, match or clear rules/sro.shtml). Copies of the solicited order mechanism for larger- trades, and disseminate trade submission, all subsequent sized orders. The proposed rule change information; (ii) risk control amendments, all written statements was published for comment in the functionality; or (iii) the Exchange’s with respect to the proposed rule Federal Register on March 12, 2019.3 audit trail. Accordingly, the change that are filed with the On April 23, 2019, the Exchange filed Commission waives the 30-day Commission, and all written Amendment No. 1 to the proposed rule operative delay and designates the communications relating to the change.4 The Commission has received proposed rule change between the no comments on the proposal. 10 15 U.S.C. 78s(b)(3)(A). Commission and any person, other than 11 17 CFR 240.19b–4(f)(6). those that may be withheld from the 16 17 CFR 200.30–3(a)(12). 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– public in accordance with the 1 15 U.S.C. 78s(b)(1). 4(f)(6)(iii) requires a self-regulatory organization to provisions of 5 U.S.C. 552, will be 2 17 CFR 240.19b–4. give the Commission written notice of its intent to available for website viewing and 3 See Securities Exchange Act Release No. 85253 file the proposed rule change, along with a brief printing in the Commission’s Public (March 6, 2019), 84 FR 8921. description and text of the proposed rule change, 4 Amendment No. 1 revises the proposal to (1) at least five business days prior to the date of filing Reference Room, 100 F Street NE, correct minor technical errors in the description of of the proposed rule change, or such shorter time the proposed rule change; (2) remove an inadvertent as designated by the Commission. The Exchange 15 For purposes only of waiving the 30-day description of an amendment to Exchange Rule has satisfied this requirement. operative delay, the Commission has considered the 22.12, which the Exchange does not propose to 13 17 CFR 240.19b–4(f)(6). proposed rule’s impact on efficiency, competition, amend in the proposal; and (3) update the 14 17 CFR 240.19b–4(f)(6)(iii). and capital formation. See 15 U.S.C. 78c(f). Continued

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Section 19(b)(2) of the Act 5 provides (‘‘Act’’),1 and Rule 19b–4 thereunder,2 A. Self-Regulatory Organization’s that within 45 days of the publication of notice is hereby given that on April 18, Statement of the Purpose of, and notice of the filing of a proposed rule 2019, Nasdaq BX, Inc. (‘‘BX’’ or Statutory Basis for, the Proposed Rule change, or within such longer period up ‘‘Exchange’’) filed with the Securities Change to 90 days as the Commission may and Exchange Commission (‘‘SEC’’ or 1. Purpose designate if it finds such longer period ‘‘Commission’’) the proposed rule to be appropriate and publishes its change as described in Items I, II, and The Exchange recently amended, reasons for so finding or as to which the III, below, which Items have been reorganized, and enhanced certain of its self-regulatory organization consents, prepared by the Exchange. The membership, registration, and the Commission shall either approve the Commission is publishing this notice to qualification requirement rules partly in response to rule changes by the proposed rule change, disapprove the solicit comments on the proposed rule Financial Industry Regulatory Authority proposed rule change, or institute change from interested persons. proceedings to determine whether the (‘‘FINRA’’), and also in order to conform proposed rule change should be I. Self-Regulatory Organization’s the Exchange’s rules more closely to disapproved. The 45th day for this filing Statement of the Terms of Substance of those of its Affiliated Exchanges in the is April 26, 2019. the Proposed Rule Change interest of uniformity and to facilitate The Commission is extending the 45- compliance with membership, day time period for Commission action The Exchange proposes to delete the registration and qualification regulatory on the proposed rule change, as Exchange’s current Registration, requirements by members of multiple modified by Amendment No. 1. The Qualification and Continuing Education Affiliated Exchanges including the Commission finds that it is appropriate rules (‘‘Exchange Registration Rules’’ Exchange.4 To that end, the Exchange to designate a longer period within and, generally, ‘‘Registration Rules’’) adopted a new 1200 Series of rules, which to take action on the proposed under the 1200 Series (Rules 1210 captioned ‘‘Registration, Qualification rule change so that it has sufficient time through 1250), and incorporate by and Continuing Education,’’ generally to consider the proposed rule change, as reference The Nasdaq Stock Market conforming the Exchange Registration modified by Amendment No. 1. LLC’s (‘‘Nasdaq’’) rules at General 4 Rules to FINRA’s new 1200 Series, Accordingly, pursuant to Section (‘‘Nasdaq Registration Rules’’), into except for a number of Exchange- 19(b)(2) of the Act,6 the Commission General 4 of the Exchange’s rulebook’s specific variations.5 designates June 10, 2019, as the date by (‘‘Rulebook’’) shell structure.3 The Exchange now proposes to delete the Exchange Registration Rules, which the Commission shall either The text of the proposed rule change approve or disapprove, or institute currently under the 1200 Series (Rules is available on the Exchange’s website at proceedings to determine whether to 1210 through 1250), and incorporate by http://nasdaqbx.cchwallstreet.com/, at disapprove, the proposed rule change, reference the Nasdaq Registration Rules the principal office of the Exchange, and as modified by Amendment No. 1 (File at General 4 of Nasdaq’s rulebook into No. SR–CboeEDGX–2019–009). at the Commission’s Public Reference General 4 of the Exchange’s Rulebook. Room. Relatedly, the Exchange will make For the Commission, by the Division of Trading and Markets, pursuant to delegated II. Self-Regulatory Organization’s necessary cross-reference updates authority.7 Statement of the Purpose of, and throughout the Rulebook. Specifically, the Exchange will amend the cross- Jill M. Peterson, Statutory Basis for, the Proposed Rule references in Exchange Rules 1001, Assistant Secretary. Change 1011, and 3010. [FR Doc. 2019–08920 Filed 5–1–19; 8:45 am] In its filing with the Commission, the The incorporation by reference of BILLING CODE 8011–01–P Exchange included statements Nasdaq Registration Rules at General 4 concerning the purpose of and basis for into the Exchange’s General 4 title and any necessary cross-reference updates SECURITIES AND EXCHANGE the proposed rule change and discussed are regulatory in nature.6 COMMISSION any comments it received on the The Exchange proposed rule change. The text of these notes that as a condition of an statements may be examined at the exemption, which the Exchange will [Release No. 34–85726; File No. SR–BX– request and will need to be approved by places specified in Item IV below. The 2019–010] the Commission pursuant to Section 36 Exchange has prepared summaries, set of the Act,7 the Exchange agrees to Self-Regulatory Organizations; Nasdaq forth in sections A, B, and C below, of BX, Inc.; Notice of Filing and provide written notice to its members the most significant aspects of such whenever Nasdaq proposes a change to Immediate Effectiveness of Proposed statements. Rule Change To Delete the Exchange’s Current Registration, Qualification and 4 See Securities Exchange Act Release No. 84353 1 15 U.S.C. 78s(b)(1). (October 3, 2018), 83 FR 50999 (October 10, 2018) Continuing Education Rules 2 17 CFR 240.19b–4. (SR–BX–2018–047). 3 5 Id. April 26, 2019. In 2017, the Exchange added a shell structure to its Rulebook with the purpose of improving 6 The General 4 rules are categories of rules that Pursuant to Section 19(b)(1) of the efficiency and readability and to align its rules are not trading rules. See 17 CFR 200.30–3(a)(76) Securities Exchange Act of 1934 closer to those of its five sister exchanges, The (contemplating such requests). In addition, several Nasdaq Stock Market LLC; Nasdaq PHLX LLC; other Self-Regulatory Organizations (‘‘SROs’’) incorporate by reference certain regulatory rules of Nasdaq ISE, LLC; Nasdaq GEMX, LLC; and Nasdaq Exchange’s description of the proposed rule other SROs and have received from the Commission change’s consistency with Section 11(a) of the Act. MRX, LLC (‘‘Affiliated Exchanges’’). The shell similar exemptions from Section 19(b) of the Amendment No. 1 is available at https:// structure currently contains eight (8) General Exchange Act. See e.g., Securities Exchange Act www.sec.gov/comments/sr-cboeedgx-2019-009/ sections which, once complete, will apply a Release Nos. 57478 (March 12, 2008), 73 FR 14521 srcboeedgx2019009-5405908-184490.pdf. common set of rules to the Affiliated Exchanges. (March 18, 2008), 53128 (January 13, 2006), 71 FR 5 15 U.S.C. 78s(b)(2). See Securities Exchange Act Release No. 82174 3550 (January 23, 2006); 49260 (February 17, 2004), 6 Id. (November 29, 2017), 82 FR 57492 (December 5, 69 FR 8500 (February 24, 2004). 7 17 CFR 200.30–3(a)(31). 2017) (SR–BX–2017–054). 7 15 U.S.C. 78mm.

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its General 4 title.8 Such notice will Exchange desires to conform its rules IV. Solicitation of Comments alert Exchange members to the proposed and locate those rules within the same Nasdaq rule change and give them an location in each Rulebook to provide Interested persons are invited to opportunity to comment on the Exchange members the ability to quickly submit written data, views, and proposal. The Exchange will similarly locate rules. arguments concerning the foregoing, inform its members in writing when the including whether the proposed rule SEC approves any such proposed B. Self-Regulatory Organization’s change is consistent with the Act. change. Statement on Burden on Competition Comments may be submitted by any of Implementation The Exchange does not believe that the following methods: The Exchange proposes that this rule the proposed rule change will impose Electronic Comments any burden on competition not change becomes operative at such time • as it receives approval for an exemption necessary or appropriate in furtherance Use the Commission’s internet from the Securities and Exchange of the purposes of the Act. The comment form (http://www.sec.gov/ Commission, pursuant to its authority Exchange believes that this rule change rules/sro.shtml); or under Section 36 of the Act and Rule 0– does not impose an undue burden on • Send an email to rule- 12 9 thereunder, from the Section 19(b) competition because the Exchange is [email protected]. Please include File rule filing requirements to separately merely incorporating by reference the Number SR–BX 2019–010 on the file a proposed rule change to amend Nasdaq Registration Rules at General 4 subject line. the Exchange’s General 4 title. into its own Rulebook. The Exchange Registration Rules are not being Paper Comments 2. Statutory Basis amended and therefore no member is • The Exchange believes that its impacted. Send paper comments in triplicate proposal is consistent with Section 6(b) to Secretary, Securities and Exchange of the Act,10 in general, and furthers the C. Self-Regulatory Organization’s Commission, 100 F Street NE, objectives of Section 6(b)(5) of the Act,11 Statement on Comments on the Washington, DC 20549–1090. in particular, in that it is designed to Proposed Rule Change Received From Members, Participants, or Others All submissions should refer to File promote just and equitable principles of Number SR–BX–2019–010. This file trade, to remove impediments to and No written comments were either number should be included on the perfect the mechanism of a free and solicited or received. subject line if email is used. To help the open market and a national market Commission process and review your system, and, in general to protect III. Date of Effectiveness of the comments more efficiently, please use investors and the public interest, by Proposed Rule Change and Timing for consolidating its rules into a single rule Commission Action only one method. The Commission will set. The Exchange intends to also file post all comments on the Commission’s similar proposed rule changes for the Because the foregoing proposed rule internet website (http://www.sec.gov/ Nasdaq PHLX LLC; Nasdaq GEMX, LLC; change does not: (i) Significantly affect rules/sro.shtml). Copies of the Nasdaq ISE, LLC; and Nasdaq MRX, LLC the protection of investors or the public submission, all subsequent markets so that the General 4 rules interest; (ii) impose any significant amendments, all written statements which govern Registration Rules are burden on competition; and (iii) become with respect to the proposed rule conformed. operative for 30 days from the date on change that are filed with the Incorporating by reference the Nasdaq which it was filed, or such shorter time Commission, and all written Registration Rules at General 4 into the as the Commission may designate, it has communications relating to the Exchange’s General 4 title will provide become effective pursuant to Section proposed rule change between the an easy reference for Exchange members 19(b)(3)(A)(iii) of the Act 12 and Commission and any person, other than seeking to comply with registration and subparagraph (f)(6) of Rule 19b–4 those that may be withheld from the qualification requirements on multiple thereunder.13 public in accordance with the markets. As noted, the Exchange intends At any time within 60 days of the provisions of 5 U.S.C. 552, will be to file similar proposed rule changes for filing of the proposed rule change, the available for website viewing and other Affiliated Exchanges so that Commission summarily may printing in the Commission’s Public Nasdaq General 4 is the source temporarily suspend such rule change if Reference Room, 100 F Street NE, document for all Registration Rules. The it appears to the Commission that such Washington, DC 20549, on official Exchange notes that the current rule is action is necessary or appropriate in the not changing and that Exchange business days between the hours of public interest, for the protection of members will be required to continue to 10:00 a.m. and 3:00 p.m. Copies of the investors, or otherwise in furtherance of comply with the Nasdaq Registration filing also will be available for the purposes of the Act. If the Rules as though such rules are fully set inspection and copying at the principal Commission takes such action, the forth in Exchange’s Rulebook. The office of the Exchange. All comments Commission shall institute proceedings received will be posted without change. to determine whether the proposed rule 8 The Exchange will provide such notice via a Persons submitting comments are posting on the same website location where the should be approved or disapproved. cautioned that we do not redact or edit Exchange posts its own rule filings pursuant to Rule personal identifying information from 19b–4 within the timeframe required by such rule. 12 15 U.S.C. 78s(b)(3)(A)(iii). comment submissions. You should The website posting will include a link to the 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– location on the Nasdaq website where the 4(f)(6) requires a self-regulatory organization to give submit only information that you wish applicable proposed rule change is posted. the Commission written notice of its intent to file to make available publicly. All 9 See 17 CFR 240.0–12; Exchange Act Release No. the proposed rule change at least five business days submissions should refer to File 39624 (February 5, 1998), 63 FR 8101 (February 18, prior to the date of filing of the proposed rule 1998). change, or such shorter time as designated by the Number SR–BX–2019–010 and should 10 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this be submitted on or before May 23, 2019. 11 15 U.S.C. 78f(b)(5). requirement.

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For the Commission, by the Division of ClearBridge American Energy MLP Filing Date: The application was filed Trading and Markets, pursuant to delegated Fund Inc. [File No. 811–22805] March 15, 2019. authority.14 Summary: Applicant, a closed-end Applicant’s Address: 345 Park Jill M. Peterson, investment company, seeks an order Avenue, New York, New York 10154. Assistant Secretary. declaring that it has ceased to be an Deutsche Strategic Income Trust [File [FR Doc. 2019–08911 Filed 5–1–19; 8:45 am] investment company. The applicant has No. 811–08382] BILLING CODE 8011–01–P transferred its assets to ClearBridge Summary: Applicant, a closed-end Energy Midstream Opportunity Fund investment company, seeks an order Inc. and, on November 16, 2018, made declaring that it has ceased to be an SECURITIES AND EXCHANGE a final distribution to its shareholders investment company. On November 19, COMMISSION based on net asset value. Expenses of 2018, applicant made liquidating $1,140,539 incurred in connection with distributions to its shareholders based [Investment Company Act Release No. the reorganization were paid by the on net asset value. Expenses of $997.50 33462] applicant’s investment adviser or an incurred in connection with the affiliate thereof. Notice of Applications for Filing Date: The application was filed liquidation were paid by the applicant. Deregistration Under Section 8(f) of the on March 7, 2019. Filing Date: The application was filed Investment Company Act of 1940 Applicant’s Address: 620 Eighth on March 15, 2019. Applicant’s Address: 345 Park April 26, 2019. Avenue, 49th Floor, New York, New York 10018. Avenue, New York, New York 10154. The following is a notice of College & University Facility Loan Eagle Capital Appreciation Fund [File applications for deregistration under No. 811–04338] section 8(f) of the Investment Company Trust Two [File No. 811–05506] Act of 1940 for the month of April 2019. Summary: Applicant, a closed-end Summary: Applicant seeks an order A copy of each application may be investment company, seeks an order declaring that it has ceased to be an obtained via the Commission’s website declaring that it has ceased to be an investment company. The applicant has by searching for the file number, or for investment company. Applicant transferred its assets to Carillon Series an applicant using the Company name currently has two beneficial owners and Trust and, on November 17, 2017, made box, at http://www.sec.gov/search/ will continue to operate as a private a final distribution to its shareholders search.htm or by calling (202) 551– investment fund in reliance on Section based on net asset value. Expenses of 8090. An order granting each 3(c)(1) of the Act. $111,982.04 incurred in connection application will be issued unless the Filing Date: The application was filed with the reorganization were paid by the SEC orders a hearing. Interested persons on January 22, 2019. applicant’s investment adviser and its may request a hearing on any Applicant’s Address: c/o U.S. Bank affiliates. application by writing to the SEC’s National Association, as Owner Trustee, Filing Dates: The application was Secretary at the address below and One Federal Street, Boston, filed on January 25, 2019, and amended serving the relevant applicant with a Massachusetts 02110. on April 12, 2019. copy of the request, personally or by Applicant’s Address: 880 Carillon Deutsche DWS Value Series, Inc. [File Parkway, St. Petersburg, Florida 33716. mail. No. 811–05385] Eagle Growth & Income Fund [File No. Hearing requests should be received Summary: Applicant seeks an order 811–04767] by the SEC by 5:30 p.m. on May 21, declaring that it has ceased to be an 2019, and should be accompanied by investment company. The applicant has Summary: Applicant seeks an order proof of service on applicants, in the transferred its assets to DWS Mid Cap declaring that it has ceased to be an form of an affidavit or, for lawyers, a Value Fund and DWS CROCI Equity investment company. The applicant has certificate of service. Pursuant to Rule Dividend Fund, each a series of transferred its assets to Carillon Series 0–5 under the Act, hearing requests Deutsche DWS Investment Trust, and on Trust and, on November 17, 2017, made should state the nature of the writer’s August 1, 2018, made a final a final distribution to its shareholders interest, any facts bearing upon the distribution to its shareholders based on based on net asset value. Expenses of desirability of a hearing on the matter, net asset value. Expenses of $79,626 $95,655.82 incurred in connection with the reason for the request, and the issues incurred in connection with the the reorganization were paid by the contested. Persons who wish to be reorganization were paid by the applicant’s investment adviser and its notified of a hearing may request applicant. affiliates. notification by writing to the Filing Date: The application was filed Filing Dates: The application was Commission’s Secretary. on March 18, 2019. filed on January 25, 2019, and amended ADDRESSES: The Commission: Secretary, Applicant’s Address: 345 Park on April 12, 2019. U.S. Securities and Exchange Avenue, New York, New York 10154. Applicant’s Address: 880 Carillon Parkway, St. Petersburg, Florida 33716. Commission, 100 F Street NE, Deutsche Multi-Market Income Trust Washington, DC 20549–1090. [File No. 811–05689] Fidelity Systematic Investment Plans FOR FURTHER INFORMATION CONTACT: Summary: Applicant, a closed-end [File No. 811–01905] Shawn Davis, Branch Chief, at (202) investment company, seeks an order Summary: Applicant, a unit 551–6413 or Chief Counsel’s Office at declaring that it has ceased to be an investment trust, seeks an order (202) 551–6821; SEC, Division of investment company. On November 19, declaring that it has ceased to be an Investment Management, Chief 2018, applicant made liquidating investment company. On November 16, Counsel’s Office, 100 F Street NE, distributions to its shareholders based 2018, applicant made liquidating Washington, DC 20549–8010. on net asset value. Expenses of $997.50 distributions to its shareholders, based incurred in connection with the on net asset value. Expenses of 14 17 CFR 200.30–3(a)(12). liquidation were paid by the applicant. $47,735.85 incurred in connection with

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the liquidation were paid by Fidelity SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Investments Institutional Operations COMMISSION Statement of the Purpose of, and the Company, Inc. Statutory Basis for, the Proposed Rule Filing Dates: The application was [Release No. 34–85731; File No. SR– Change filed on November 30, 2018, and NYSEAMER–2019–16] 1. Purpose amended on April 18, 2019. Self-Regulatory Organizations; NYSE The Participants filed the Plan to Applicant’s Address: Fidelity Address Extraordinary Market Volatility American LLC; Notice of Filing and Distributors Corporation, 900 Salem (the ‘‘Limit Up-Limit Down Plan’’ or the Immediate Effectiveness of Proposed Street, Smithfield, Rhode Island 02917. ‘‘Plan’’) with the Commission on April Rule Change To Amend Rule 7.11E, 5, 2011 to create a market-wide limit up- Multisector Income Portfolio [File No. Limit Up-Limit Down Plan and Trading 811–22786] limit down mechanism intended to Pauses in Individual Securities Due to address extraordinary market volatility Summary: Applicant seeks an order Extraordinary Market Volatility in NMS Stocks,4 as defined in Rule declaring that it has ceased to be an 600(b)(47) of Regulation NMS under the April 26, 2019. investment company. On June 22, 2018, Exchange Act.5 The Plan sets forth applicant made liquidating distributions Pursuant to Section 19(b)(1) 1 of the procedures that provide for market-wide to its shareholders based on net asset Securities Exchange Act of 1934 (the limit up-limit down requirements to value. No expenses were incurred in ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 prevent trades in individual NMS connection with the liquidation. notice is hereby given that on April 18, Stocks from occurring outside of the Filing Dates: The application was 2019, NYSE American LLC (‘‘NYSE specified Price Bands. These limit up- filed on February 21, 2019, and American’’ or the ‘‘Exchange’’) filed limit down requirements are coupled amended on April 2, 2019. with the Securities and Exchange with Trading Pauses, as defined in Section I(Y) of the Plan, to Applicant’s Address: Two Commission (the ‘‘Commission’’) the proposed rule change as described in accommodate more fundamental price International Place, Boston, moves. In particular, the Participants Massachusetts 02110. Items I and II below, which Items have been prepared by the self-regulatory adopted this Plan to address extraordinary volatility in the securities SMID-Cap Portfolio [File No. 811– organization. The Commission is markets, i.e., significant fluctuations in 10609] publishing this notice to solicit individual securities’ prices over a short Summary: Applicant seeks an order comments on the proposed rule change period of time, such as those declaring that it has ceased to be an from interested persons. experienced during the ‘‘Flash Crash’’ investment company. On May 18, 2018, I. Self-Regulatory Organization’s on the afternoon of May 6, 2010. applicant made liquidating distributions Statement of the Terms of Substance of The Plan was originally approved on to its shareholders based on net asset the Proposed Rule Change a pilot basis to allow the public, the value. No expenses were incurred in Participants, and the Commission to connection with the liquidation. The Exchange proposes to amend assess the operation of the Plan and Filing Dates: The application was Rule 7.11E, Limit Up-Limit Down Plan whether the Plan should be modified filed on February 21, 2019, and and Trading Pauses in Individual prior to consideration of approval on a amended on April 12, 2019. Securities Due to Extraordinary Market permanent basis.6 The Commission recently approved an amendment to the Applicant’s Address: Two Volatility. The proposed rule change is available on the Exchange’s website at Plan to allow the Plan to operate on a International Place, Boston, 7 www.nyse.com, at the principal office of permanent basis. Massachusetts 02110. Rule 7.11E is designed to comply with the Exchange, and at the Commission’s Tax-Managed Global Small-Cap the Plan’s requirement that exchanges Public Reference Room. Portfolio [File No. 811–10599] establish, maintain, and enforce written II. Self-Regulatory Organization’s policies and procedures that are Summary: Applicant seeks an order Statement of the Purpose of, and reasonably designed to comply with the declaring that it has ceased to be an Statutory Basis for, the Proposed Rule limit up-limit down and trading pause investment company. On January 19, 8 Change requirements specified in the Plan. In 2018, applicant made liquidating sum, Rule 7.11E provides that the distributions to its shareholders based In its filing with the Commission, the Exchange will not display or execute on net asset value. No expenses were self-regulatory organization included trading interest outside the Price Bands incurred in connection with the statements concerning the purpose of, as required by the limit up-limit down liquidation. and basis for, the proposed rule change and trading pause requirements Filing Dates: The application was and discussed any comments it received specified in the Plan. Rule 7.11E is filed on March 5, 2019, and amended on on the proposed rule change. The text designed to ensure that trading interest April 5, 2019. of those statements may be examined at Applicant’s Address: Two the places specified in Item IV below. 4 On May 31, 2012, the Commission approved the Plan, as modified by Amendment No. 1. See International Place, Boston, The Exchange has prepared summaries, Securities Exchange Act Release No. 67091, 77 FR Massachusetts 02110. set forth in sections A, B, and C below, 33498 (June 6, 2012) (File No. 4–631) (‘‘Approval For the Commission, by the Division of of the most significant parts of such Order’’). 5 17 CFR 242.600(b)(47). Investment Management, pursuant to statements. 6 delegated authority. See supra note 4. 7 See Securities Exchange Act Release No. 85623 Jill M. Peterson, (April 11, 2019), 84 FR 16086 (April 17, 2019) (File No. 4–631). Assistant Secretary. 1 15 U.S.C. 78s(b)(1). 8 [FR Doc. 2019–08885 Filed 5–1–19; 8:45 am] See Securities Exchange Act Release No. 68875 2 15 U.S.C. 78a. (February 8, 2013), 78 FR 10678 (February 14, 2013) BILLING CODE 8011–01–P 3 17 CFR 240.19b–4. (SR–NYSEMKT–2013–05).

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on the Exchange is either repriced or pilot period for the Plan that was proposed rule change to be operative canceled in a manner consistent with recently approved on a permanent basis. upon filing with the Commission.15 the Plan. The proposal would continue to ensure At any time within 60 days of the Rule 7.11E currently includes a that the Exchange continues to maintain filing of such proposed rule change, the provision that ties the Rule’s written policies and procedures Commission summarily may effectiveness to the pilot period for the reasonably designed to comply with the temporarily suspend such rule change if Plan, including any extensions to the Plan without implicating any it appears to the Commission that such pilot period for the Plan. The Exchange competitive issues. action is necessary or appropriate in the proposes to amend Rule 7.11E to delete public interest, for the protection of this provision because the Plan has been C. Self-Regulatory Organization’s investors, or otherwise in furtherance of made permanent and is no longer Statement on Comments on the the purposes of the Act. If the operating as a pilot program. The Proposed Rule Change Received From Commission takes such action, the Exchange does not propose any Members, Participants, or Others Commission shall institute proceedings additional changes to Rule 7.11E. The under Section 19(b)(2)(B) 16 of the Act to proposed rule change would continue to No written comments were solicited determine whether the proposed rule align the effectiveness of Rule 7.11E to or received with respect to the proposed change should be approved or the Plan and ensure that the Exchange rule change. disapproved. maintains written policies and III. Date of Effectiveness of the IV. Solicitation of Comments procedures that are reasonably designed Proposed Rule Change and Timing for to comply with the limit up-limit down Commission Action Interested persons are invited to and trading pause requirements submit written data, views, and specified in the Plan. The Exchange has filed the proposed arguments concerning the foregoing, rule change pursuant to Section including whether the proposed rule 2. Statutory Basis 19(b)(3)(A)(iii) of the Act 11 and Rule change is consistent with the Act. The Exchange believes the proposed 19b–4(f)(6) thereunder.12 Because the Comments may be submitted by any of rule change is consistent with the proposed rule change does not: (i) the following methods: 9 requirements of Section 6(b) of the Act, Significantly affect the protection of Electronic Comments in general, and Section 6(b)(5) of the investors or the public interest; (ii) 10 • Use the Commission’s internet Act, in particular, in that it is designed impose any significant burden on comment form (http://www.sec.gov/ to remove impediments to and perfect competition; and (iii) become operative the mechanism of a free and open rules/sro.shtml); or prior to 30 days from the date on which • market and a national market system, to Send an email to rule-comments@ it was filed, or such shorter time as the sec.gov. Please include File Number SR– promote just and equitable principles of Commission may designate, if trade, and, in general, to protect NYSEAMER–2019–16 on the subject consistent with the protection of line. investors and the public interest and not investors and the public interest, the to permit unfair discrimination between proposed rule change has become Paper Comments customers, issuers, brokers, or dealers. effective pursuant to Section 19(b)(3)(A) • Send paper comments in triplicate Rule 7.11E complies with the Plan’s of the Act and Rule 19b–4(f)(6)(iii) to: Secretary, Securities and Exchange requirement that exchanges establish, thereunder. Commission, 100 F Street NE, maintain, and enforce written policies Washington, DC 20549–1090. and procedures that are reasonably A proposed rule change filed under 13 designed to comply with the limit up- Rule 19b–4(f)(6) normally does not All submissions should refer to File limit down and trading pause become operative prior to 30 days after Number SR–NYSEAMER–2019–16. This requirements specified in the Plan. The the date of the filing. However, pursuant file number should be included on the Exchange believes that the proposed to Rule 19b4(f)(6)(iii),14 the Commission subject line if email is used. To help the rule change promotes just and equitable may designate a shorter time if such Commission process and review your principles of trade because it would action is consistent with the protection comments more efficiently, please use continue to align the effectiveness of of investors and the public interest. The only one method. The Commission will Rule 7.11E to the Plan, without any Exchange has asked the Commission to post all comments on the Commission’s changes. The proposed rule change waive the 30-day operative delay so that internet website (http://www.sec.gov/ would also ensure that the Exchange the proposal may become operative rules/sro.shtml). Copies of the continues to maintain transparent immediately upon filing. The submission, all subsequent written policies and procedures Commission believes that waiving the amendments, all written statements reasonably designed to comply with the 30-day operative delay is consistent with respect to the proposed rule limit up-limit down and trading pause with the protection of investors and the change that are filed with the requirements specified in the Plan. public interest because the Commission Commission, and all written approved making the Plan pilot communications relating to the B. Self-Regulatory Organization’s permanent on April 11, 2019, and proposed rule change between the Statement on Burden on Competition therefore the Exchange’s proposed Commission and any person, other than The Exchange does not believe that changes to its rules reflecting that the those that may be withheld from the the proposed rule change would impose Plan is now permanent should go into public in accordance with the any burden on competition that is not effect immediately. Therefore, the provisions of 5 U.S.C. 552, will be necessary or appropriate in furtherance Commission hereby waives the 30-day available for website viewing and of the purposes of the Act. The proposal operative delay and designates the would remove a provision from Rule 15 For purposes only of waiving the operative delay for this proposal, the Commission has 7.11E that ties its effectiveness to the 11 15 U.S.C. 78s(b)(3)(A)(iii). considered the proposed rule’s impact on 12 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See 9 15 U.S.C. 78f(b). 13 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f). 10 15 U.S.C. 78f(b)(5). 14 17 CFR 240.19b–4(f)(6)(iii). 16 15 U.S.C. 78s(b)(2)(B).

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printing in the Commission’s Public collection packages requiring clearance The information collections below are Reference Room, 100 F Street NE, by the Office of Management and pending at SSA. SSA will submit them Washington, DC 20549 on official Budget (OMB) in compliance with to OMB within 60 days from the date of business days between the hours of Public Law 104–13, the Paperwork this notice. To be sure we consider your 10:00 a.m. and 3:00 p.m. Copies of the Reduction Act of 1995, effective October comments, we must receive them no filing also will be available for 1, 1995. This notice includes revisions later than July 1, 2019. Individuals can inspection and copying at the principal of OMB-approved information obtain copies of the collection office of the Exchange. All comments collections. instruments by writing to the above SSA is soliciting comments on the received will be posted without change. email address. Persons submitting comments are accuracy of the agency’s burden cautioned that we do not redact or edit estimate; the need for the information; 1. Real Property Current Market Value personal identifying information from its practical utility; ways to enhance its Estimate—0960–0471. SSA considers an comment submissions. You should quality, utility, and clarity; and ways to individual’s resources when evaluating submit only information that you wish minimize burden on respondents, eligibility for Supplemental Security to make available publicly. All including the use of automated Income (SSI) payments. The value of an submissions should refer to File collection techniques or other forms of individual’s resources, including non- Number SR–NYSEAMER–2019–16 and information technology. Mail, email, or home real property, is one of the should be submitted on or before May fax your comments and eligibility requirements for SSI 23, 2019. recommendations on the information payments. SSA obtains current market For the Commission, by the Division of collection(s) to the OMB Desk Officer value estimates of the claimant’s real Trading and Markets, pursuant to delegated and SSA Reports Clearance Officer at property through Form SSA–L2794. We authority.17 the following addresses or fax numbers. allow respondents to use readily Jill M. Peterson, (OMB) Office of Management and available records to complete the form, Assistant Secretary. Budget, Attn: Desk Officer for SSA, or we can accept their best estimates. [FR Doc. 2019–08918 Filed 5–1–19; 8:45 am] Fax: 202–395–6974, Email address: We use this form as part of initial _ BILLING CODE 8011–01–P OIRA [email protected] applications and in post-entitlement (SSA) Social Security Administration, situations. The respondents are small OLCA, Attn: Reports Clearance business operators in real estate; state Director, 3100 West High Rise, 6401 SOCIAL SECURITY ADMINISTRATION and local government employees tasked Security Blvd., Baltimore, MD 21235, with assessing real property values; and [Docket No: SSA–2019–0014] Fax: 410–966–2830, Email address: [email protected] other individuals knowledgeable about Agency Information Collection local real estate values. Activities: Proposed Request Or you may submit your comments online through www.regulations.gov, Type of Request: Revision of an OMB- The Social Security Administration referencing Docket ID Number [SSA– approved information collection. (SSA) publishes a list of information 2019–0014].

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

SSA–L2794 ...... 300 1 20 100

2. Child Care Dropout during the time they care for those determine if an individual qualifies for Questionnaire—20 CFR 404.211(e)(4)— children, they may exclude that period this exclusion. Respondents are 0960–0474. If individuals applying for of care from the disability computation applicants for Title II disability benefits. Title II disability benefits care for their period. We call this the child-care Type of Request: Revision of an OMB- own or their spouse’s children under dropout exclusion. SSA uses the approved information collection. age 3, and have no steady earnings information from Form SSA–4162 to

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

SSA–4162 ...... 2,000 1 5 167

3. Medical Report on Adult with Security Act (Act) authorizes the to collect information necessary to Allegation of Human Immunodeficiency Commissioner of SSA to gather determine if an individual with human Virus Infection; Medical Report on Child information to make a determination immunodeficiency virus infection, who with Allegation of Human about an applicant’s claim for SSI is applying for SSI disability benefits, Immunodeficiency Virus Infection—20 payments; this procedure is the meets the requirements for PD. The CFR 416.933–20 CFR 416.934—0960– Presumptive Disability (PD). SSA uses respondents are the medical sources of 0500. Section 1631(e)(i) of the Social Forms SSA–4814–F5 and SSA–4815–F6

17 17 CFR 200.30–3(a)(12).

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the applicants for SSI disability Type of Request: Revision of an OMB- payments. approved information collection.

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

SSA–4814–F5 ...... 9,600 1 8 1,280 SSA–4815–F6 ...... 80 1 10 13

Totals ...... 9,680 ...... 1,293

4. Beneficiary Recontact Report—20 eligibility. Two such cases are: (1) When care, to detect overpayments and avoid CFR 404.703 & 404.705—0960–0502. parents receiving disability benefits for continuing payment to those are no SSA investigates recipients of disability their child marry; and (2) the removal of longer entitled. Respondents are payments to determine their continuing an entitled child from parents’ care. recipients of mothers’ or fathers’ Social eligibility for payments. Research SSA uses Form SSA–1588–SM to ask Security benefits. indicates recipients may fail to report mothers or fathers about both their Type of Request: Revision of an OMB- circumstances that affect their marital status and children under their approved information collection.

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

SSA–1588–SM ...... 76,944 1 5 6,412

5. Certification of Contents of Form SSA–704 allows SSA employees; evidentiary documentation required to Document(s) or Record(s)—20 CFR State record custodians; and other establish benefits eligibility. The 404.715—0960–0689. SSA established custodians of evidentiary documents to respondents are State record custodians procedures for individuals to provide certify and record information from and other custodians of evidentiary the evidence necessary to establish their original documents and records under documents. rights to Social Security benefits. their custodial ownership to establish Type of Request: Revision of an OMB- Examples of such evidence categories these types of evidence. SSA uses Form approved information collection. include age, relationship, citizenship, SSA–704 in situations where marriage, death, and military service. individuals cannot produce the original

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

SSA–704 ...... 293 1 10 49

6. Registration for Appointed • Registered as appointed information we need to meet Internal Representative Services and Direct representatives on or after 10/31/09, but Revenue Service (IRS) requirements to Payment—0960–0732. SSA uses Form need to update their information; or issue specific IRS forms if we pay an SSA–1699 to register appointed • Received a notice from SSA appointed representative in excess of a representatives of claimants before SSA instructing them to complete this form. specific amount ($600). The who: By registering these individuals, SSA: respondents are appointed • (1) Authenticates and authorizes them representatives who want to use Form Want to register for direct payment to do business with us; (2) allows them SSA–1699 for any of the purposes cited of fees; to access our records for the claimants • Registered for direct payment of they represent; (3) facilitates direct in this Notice. fees prior to 10/31/09, but need to payment of authorized fees to appointed Type of Request: Revision of an OMB- update their information; representatives; and, (4) collects the approved information collection.

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

SSA–1699 ...... 17,700 1 20 5,900

7. Certificate of Incapacity—5 CFR governing the Federal Employee Health physician to verify the disability of 890.302(d)—0960–0739. Rules Benefits (FEHB) plan require a Federal employees’ children ages 26 and

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over for these children to retain health Certificate of Incapacity, to document physicians of SSA employees’ children benefits under their employed parents’ and certify this information, and the ages 26 or over who are seeking to retain plans. The physician must verify the Social Security Administration uses the health benefits under their parent’s adult child’s disability: (1) Pre-dates the information provided to determine the FEHB coverage. child’s 26th birthday; (2) is very serious; eligibility for these children, ages 26 Type of Request: Revision of an OMB- and (3) will continue for at least one and over, for coverage under a parent’s approved information collection. year. Physicians use Form SSA–604, the FEHB plan. The respondents are

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

SSA–604 ...... 50 1 45 38

Dated: April 29, 2019. denied fair market opportunities in such if an unapproved part investigation is Naomi Sipple, airport construction projects. As a warranted. Reports Clearance Officer, Social Security consequence, the United States Trade DATES: Written comments should be Administration. Representative has decided not to list submitted by June 3, 2019. [FR Doc. 2019–08946 Filed 5–1–19; 8:45 am] any countries as denying fair market ADDRESSES: Interested persons are BILLING CODE 4191–02–P opportunities for U.S. products, suppliers, or bidders in foreign invited to submit written comments on government-funded airport construction the proposed information collection to projects. the Office of Information and Regulatory OFFICE OF THE UNITED STATES Affairs, Office of Management and TRADE REPRESENTATIVE Jamieson Greer, Budget. Comments should be addressed to the attention of the Desk Officer, Notice With Respect to List of Chief of Staff, Office of the United States Trade Representative. Department of Transportation/FAA, and Countries Denying Fair Market [FR Doc. 2019–08974 Filed 5–1–19; 8:45 am] sent via electronic mail to oira_ Opportunities for Government-Funded [email protected], or faxed to Airport Construction Projects BILLING CODE 3290–F9–P (202) 395–6974, or mailed to the Office AGENCY: Office of the United States of Information and Regulatory Affairs, Office of Management and Budget, Trade Representative. DEPARTMENT OF TRANSPORTATION ACTION: Notice. Docket Library, Room 10102, 725 17th Federal Aviation Administration Street NW, Washington, DC 20503. SUMMARY: This notice announces that FOR FURTHER INFORMATION CONTACT: the United States Trade Representative [Docket No. 2018–0082] Joseph Palmisano by email at: has determined not to list any countries [email protected]; phone: 202– as denying fair market opportunities for Agency Information Collection 267–1638. U.S. products, suppliers, or bidders in Activities: Requests for Comments; Clearance of a Renewed Approval of SUPPLEMENTARY INFORMATION: foreign government-funded airport Public Comments Invited: You are construction projects. Information Collection: Suspected Unapproved Parts Report asked to comment on any aspect of this FOR FURTHER INFORMATION CONTACT: Kate information collection, including (a) Psillos, International Procurement AGENCY: Federal Aviation Whether the proposed collection of Negotiator, Kathryn.W.Psillos@ Administration (FAA), DOT. information is necessary for FAA’s ustr.eop.gov or 202–395–9581, or Arthur ACTION: Notice and request for performance; (b) the accuracy of the Tsao, Assistant General Counsel, estimated burden; (c) ways for FAA to _ _ comments. Arthur N [email protected] or 202– enhance the quality, utility and clarity 395–6987. SUMMARY: In accordance with the of the information collection; and (d) SUPPLEMENTARY INFORMATION: Section Paperwork Reduction Act of 1995, FAA ways that the burden could be 533 of the Airport and Airway invites public comments about our minimized without reducing the quality Improvement Act of 1982, as amended intention to request the Office of of the collected information. The agency by section 115 of the Airport and Management and Budget (OMB) will summarize and/or include your Airway Safety and Capacity Expansion approval to renew an information comments in the request for MB’s Act of 1987, Public Law 100–223 collection. The Federal Register Notice clearance of this information collection. (codified at 49 U.S.C. 50104), requires with a 60-day comment period soliciting OMB Control Number: 2120–0552. the United States Trade Representative comments on the following collection of Title: Suspected Unapproved Parts to decide whether any foreign country information was published on February Report. has denied fair market opportunities to 19, 2019. The information collected on Form Numbers: FAA Form 8120–1. U.S. products, suppliers, or bidders in the FAA Form 8120–11 is reported Type of Review: Renewal of an connection with airport construction voluntarily by manufacturers, repair information collection. projects of $500,000 or more that are stations, aircraft owner/operators, air Background: The Federal Register funded in whole or in part by the carriers, and the general public who Notice with a 60-day comment period government of such country. The Office wish to report suspected unapproved soliciting comments on the following of the U.S. Trade Representative has not parts to the FAA for review. The report collection of information was published received any complaints or other information is collected and correlated on February 19, 2019 (84 FR 4892). The information that indicates that U.S. by the FAA, Aviation Safety Hotline information collected on the FAA Form products, suppliers, or bidders are being Program Office, and used to determine 8120–11 is reported voluntarily by

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manufacturers, repair stations, aircraft DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: owner/operators, air carriers, and the OMB Control Number: 2120–0015. general public who wish to report Federal Aviation Administration Title: FAA Airport Master Record. suspected unapproved parts to the FAA [Docket No. FAA–2019–0332] Form Numbers: FAA Forms 5010–1, for review. The report information is 5010–2, 5010–3, 5010–5. collected and correlated by the FAA, Agency Information Collection Type of Review: Renewal of an Aviation Safety Hotline Program Office, Activities: Requests for Comments; information collection. and used to determine if an unapproved Clearance of a Renewed Approval of Background: 49 U.S.C. 329(b) part investigation is warranted. When Information Collection: FAA Airport empowers and directs the Secretary of unapproved parts are confirmed that are Master Record Transportation to collect and disseminate information on civil likely to exist on other products or AGENCY: Federal Aviation aeronautics. Aeronautical information is aircraft of the same or similar design or Administration (FAA), DOT. are being used in other facilities, the required by the FAA to carry out agency ACTION: Notice and request for missions related to aviation flying information is used as a basis for an comments. aviation industry alert or notification. safety, flight planning, airport Alerts are used to inform industry of SUMMARY: In accordance with the engineering and federal grants analysis, situations essential to the prevention of Paperwork Reduction Act of 1995, FAA aeronautical chart and flight accidents, if the information had not invites public comments about our information publications, and the been collected. The consequence to the intention to request the Office of promotion of air commerce as required aviation community would be the Management and Budget (OMB) by statute. The safety information inability to determine whether or not approval to renew an information collected includes, but is not limited to, unapproved parts are being offered for collection. The collection involves the following: Airport name, associated sale or use for installation on type- aeronautical information that the FAA city, airport owner and airport manager, certificated products. uses to carry out agency missions airport latitude, longitude, elevation, related to aviation flying safety, flight runway description, services available, Procedures and processes relating to planning, airport engineering and runway approach light systems, the SUP program and associated reports federal grants analysis, aeronautical communications frequency, airport use, are found in FAA Order 8120.16A, chart and flight information number of operations and based aircraft, Suspected Unapproved Parts Program, publications, and the promotion of air obstruction data, and pertinent general and AC 21–29, Detecting and Reporting commerce as required by statute. The remarks. Airport owners/managers and Suspected Unapproved Parts. When information to be collected will be used state inspectors submit this information unapproved parts are identified, the for airspace studies conducted under 49 to the FAA. FAA notifies the public by published U.S.C. 329(b) and will be published in Respondents: Approximately 9,037 Field Notifications (FN), disseminated flight information handbooks and charts Airport owners/managers and state using Unapproved Parts Notifications for pilot use. inspectors. (UPN), Aviation Maintenance Alerts, DATES: Written comments should be Frequency: Information is collected Airworthiness Directives (AD), entry submitted by July 1, 2019. on occasion. into an issue of the Service Difficulty ADDRESSES: Estimated Average Burden per Reporting Summary, a Special Please send written comments: Response: 1 hour. Airworthiness Information Bulletin, a By Electronic Docket: Estimated Total Annual Burden: display on an internet site, or direct www.regulations.gov (Enter docket 9,037. mailing. Reporting of information is number into search field). Issued in Washington, DC, on April 29, strictly voluntary. The information is By Mail: Andrew Goldsmith, Airport 2019. requested from any individual or facility Engineering Division (AAS–100), Office Andrew Goldsmith, suspecting an unapproved part. Any of Airport Safety and Standards, Federal Aeronautical Information Specialist, Airport burden is minimized by requesting only Aviation Administration, 800 Engineering Division, Office of Airport Safety necessary information to warrant an Independence Avenue SW, Washington, and Standards. investigation. DC 20591. [FR Doc. 2019–08944 Filed 5–1–19; 8:45 am] Respondents: Anyone may fill out and By Fax: 202–267–5383. BILLING CODE 4910–13–P send a Form 8120–11 into the FAA. Public Comments Invited: You are asked to comment on any aspect of this Frequency: Whenever anyone information collection, including (a) discovers or suspects they have received DEPARTMENT OF TRANSPORTATION Whether the proposed collection of an unapproved part. information is necessary for FAA’s Federal Motor Carrier Safety Estimated Average Burden per performance; (b) the accuracy of the Administration Response: About 30 minutes to read and estimated burden; (c) ways for FAA to disposition each form. enhance the quality, utility and clarity [Docket No. FMCSA–2018–0356] Estimated Total Annual Burden: The of the information collection; and (d) FAA collects approximately 208 forms ways that the burden could be Agency Information Collection Activities; Extension of a Currently- from the public per year. minimized without reducing the quality of the collected information. The agency Approved Information Collection Issued in Washington, DC, on April 26, will summarize and/or include your Request: Transportation of Household 2019. comments in the request for OMB’s Goods; Consumer Protection Joy Wolf, clearance of this information collection. AGENCY: Federal Motor Carrier Safety Directives & Forms Management Officer FOR FURTHER INFORMATION CONTACT: Administration (FMCSA), DOT. (DMO/FMO), Aircraft Certification Service. Andrew Goldsmith by email at: ACTION: Notice and request for [FR Doc. 2019–08871 Filed 5–1–19; 8:45 am] [email protected]; phone: information. BILLING CODE 4910–13–P 202–267–7669.

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SUMMARY: In accordance with the hours each day, 365 days each year. You carrier operations (section 4205); Paperwork Reduction Act of 1995, the can obtain electronic submission and enforcement of regulations (section Federal Motor Carrier Safety retrieval help and guidelines under the 4206); liability of carriers under receipts Administration (FMCSA) announces its ‘‘help’’ section of the Federal and bills of lading (section 4207); plan to submit the Information eRulemaking Portal Website. If you arbitration requirements (section 4208); Collection Request (ICR) described want us to notify you that we received civil penalties for brokers and below to the Office of Management and your comments, please include a self- unauthorized transportation (section Budget (OMB) for its review and addressed, stamped envelope or 4209); penalties for holding goods approval and invites public comment. postcard, or print the acknowledgement hostage (section 4210); consumer The information collected will be used page that appears after submitting handbook (section 4211); release of to help regulate motor carriers comments online. Comments received broker information (section 4212); transporting household goods (HHG) for after the comment closing date will be working group for Federal-State individual shippers. FMCSA requests included in the docket and will be relations (section 4213); consumer approval to extend an ICR titled considered to the extent practicable. complaint information (section 4214); ‘‘Transportation of Household Goods; FOR FURTHER INFORMATION CONTACT: review of liability of carriers (section Consumer Protection.’’ Monique Riddick, Lead Transportation 4215); and application of State laws DATES: We must receive your comments Specialist, Commercial Enforcement (section 4216). These provisions on or before July 1, 2019. and Investigations Division, Department triggered updates to 49 CFR part 375 on ADDRESSES: You may submit comments of Transportation, Federal Motor Carrier July 5, 2007 (72 FR 36760). identified by Federal Docket Safety Administration, West Building On July 16, 2012, FMCSA published Management System (FDMS) Docket 6th Floor, 1200 New Jersey Avenue SE, a Direct Final Rule (DFR) titled Number FMCSA–2018–0356 using any Washington, DC 20590. Telephone: ‘‘Transportation of Household Goods in of the following methods: (202) 366–8045; email Interstate Commerce; Consumer • Federal eRulemaking Portal: http:// [email protected]. Protection Regulations: Household www.regulations.gov. Follow the online SUPPLEMENTARY INFORMATION: Goods Motor Carrier Record Retention instructions for submitting comments. Requirements,’’ (77 FR 41699). The rule • Background: The Motor Carrier Safety Fax: 1–202–493–2251. Improvement Act of 1999 (MCSIA) (Pub. amended the regulations governing the • Mail: Docket Operations; U.S. L. 106–159, 113 Stat. 1748, Dec. 9, 1999) period during which HHG motor Department of Transportation, 1200 authorized the Secretary of carriers must retain documentation of New Jersey Avenue SE, West Building, Transportation (Secretary) to regulate an individual shipper’s waiver of Ground Floor, Room W12–140, 20590– receipt of printed copies of consumer 0001. HHG carriers engaged in interstate • operations for individual shippers. In protection materials. This change Hand Delivery or Courier: U.S. harmonized the retention period with Department of Transportation, 1200 earlier legislation, Congress abolished other document retention requirements New Jersey Avenue SE, West Building, the former Interstate Commerce applicable to HHG motor carriers. Ground Floor, Room W12–140, Commission and transferred the FMCSA also amended the regulations to Washington, DC 20590–0001 between Commission’s jurisdiction over HHG clarify that a HHG motor carrier is not 9 a.m. and 5 p.m. e.t., Monday through transportation to the U.S. Department of required to retain waiver documentation Friday, except Federal holidays. Transportation (DOT) (ICC Termination Instructions: All submissions must Act of 1995, Pub. L. 104–88, 109 Stat. from any individual shippers for whom include the Agency name and docket 803, Dec. 29 1995). Prior to FMCSA’s the carrier does not actually provide number. For detailed instructions on establishment, the Secretary delegated services. submitting comments and additional this HHG jurisdiction to the Federal Title: Transportation of Household information on the exemption process, Highway Administration, FMCSA’s Goods; Consumer Protection. see the Public Participation heading predecessor organization within DOT. OMB Control Number: 2126–0025. below. Note that all comments received FMCSA has authority to regulate the Type of Request: Extension of a will be posted without change to http:// overall commercial operations of the currently-approved information www.regulations.gov, including any HHG industry under 49 U.S.C. 14104, collection. personal information provided. Please ‘‘Household goods carrier operations.’’ Respondents: Household goods see the Privacy Act heading below. This ICR includes the information movers. Docket: For access to the docket to collection requirements contained in Estimated Number of Respondents: read background documents or title 49 CFR part 375, ‘‘Transportation of 4,212 household goods movers. Household Goods in Interstate comments received, go to http:// Estimated Time per Response: Varies. www.regulations.gov, and follow the Commerce; Consumer Protection online instructions for accessing the Regulations.’’ The information collected IC–1: Informational Documents dockets, or go to the street address listed encompasses that which is generated, Provided to Prospective Shippers maintained, retained, disclosed, and above. • ‘‘Ready to Move’’ Pamphlet: Less Privacy Act: In accordance with 5 provided to, or for, the agency under 49 than 1 minute. U.S.C. 553(c), DOT solicits comments CFR part 375. • from the public to better inform its Sections 4202 through 4216 of the ‘‘Your Rights and Responsibilities’’ rulemaking process. DOT posts these Safe, Accountable, Flexible, Efficient Pamphlet: Less than 1 minute. • comments, without edit, including any Transportation Equity Act: A Legacy for Arbitration and Complaint personal information the commenter Users (Pub. L. 109–59, 119 Stat. 1144, Summaries: 2 hours to create provides, to www.regulations.gov, as Aug. 10, 2005) amended various summaries, less than 1 minute to print. described in the system of records provisions of existing law regarding • Internet website Hyperlinks to notice (DOT/ALL–14 FDMS), which can HHG transportation. It specifically Federal Consumer Protection be reviewed at www.dot.gov/privacy. addressed: Definitions (section 4202); Information: 0.5 hours. Public Participation: The Federal payment of rates (section 4203); • Signed Receipt for Verification of eRulemaking Portal is available 24 registration requirements (section 4204); Booklets Received: less than 3 minutes.

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IC–2: Written Cost Estimates for DEPARTMENT OF TRANSPORTATION confirmation that PHMSA has received Prospective Shippers your comments, please include a self- Pipeline and Hazardous Materials addressed stamped postcard. Internet • Physical surveys—binding: 2 hours. Safety Administration users may submit comments at http:// • www.Regulations.gov. Physical surveys—non-binding: 2 [Docket No. PHMSA–2019–0015] hours. Note: Privacy Act Statement: There is • No physical surveys—non-binding: Pipeline Safety: Request for Special a privacy statement published at http:// www.Regulations.gov. Comments, 0.5 hours. Permit; Gulf South Pipeline Company, LP including any personal information IC–3: Orders for Service, Bills of Lading provided, are posted without changes or AGENCY: Pipeline and Hazardous edits to http://www.Regulations.gov. • Orders for Service, Goods Materials Safety Administration FOR FURTHER INFORMATION CONTACT: Inventories, and Bills of Lading: 0.5 (PHMSA); DOT. General: Ms. Kay McIver by telephone hours. ACTION: Notice of extension of comment at 202–366–0113, or email at • Weighing shipments: 1 minute. period. [email protected]. Technical: Mr. Steve Nanney by IC–4: In-Transit Service Notifications SUMMARY: On March 26, 2019, PHMSA telephone at 713–272–2855, or email at • published a notice to solicit public [email protected]. Notification of delay: 5 minutes. comment on a request for a special SUPPLEMENTARY INFORMATION: PHMSA • Notification of delay and record permit from Gulf South Pipeline received a special permit request from requested: 15 minutes. Company, LP, seeking relief from Gulf South Pipeline Company, LP, • compliance with certain requirements Notification of early delivery: 5 (‘‘GSPC’’) to deviate from the Federal in the federal pipeline safety minutes. pipeline safety regulations in 49 CFR regulations. The comment period closed 192.611, for one segment of 30-inch IC–5: Complaint & Inquiry Records, on April 25, 2019. PHMSA is issuing diameter, Index 330 Pipeline, located in Including Establishing Record System this notice to extend the comment St. Mary Parish, Louisiana, where the period for an additional 15 days to give • class location has changed from a Class Establish complain and inquiry the public more time to review the 1 location to a Class 3 location. The record system: 0.5 hours. special permit and its associated application requests a new permit to • Recording complaint and inquiry: 5 supporting documents. At the operate the existing Class 1 pipe in the minutes for complaint, 1 minute for conclusion of the 15-day extension new Class 3 location for the segment inquiry. comment period, PHMSA will review from survey station 527+87 to 567+51 the comments received from this notice Expiration Date: August 31, 2019. (3964 feet). as part of its evaluation to grant or deny The proposed special permit Frequency of Response: Varies. the special permit request. inspection area extends from survey Estimated Total Annual Burden: DATES: The closing date for filing station 0+03, the start of the Index 330 4,282,171 hours [IC–1 Informational comments is extended from April 25, Pipeline at Bayou Sale Junction, to Documents Provided to Prospective 2019, to May 17, 2019. survey station 1212+28 at the Weeks Shippers at 24,692 hours + IC–2 Written ADDRESSES: Comments should reference Island Junction. The Inspection Area is Cost Estimates for Prospective Shippers the docket number for the specific 22.96 miles long (121,558 feet) and at 3,593,866 hours + IC–3 Orders for special permit request and may be extends from St. Mary Parish to Iberia Service, Bills of Lading at 621,621 hours submitted in the following ways: Parish in Louisiana. + IC–4 In-Transit Service Notifications • E-Gov Website: http:// In lieu of pipe replacement, GSPC at 17,496 hours + IC–5 Complaint & www.Regulations.gov. This site allows seeks permission to perform alternative Inquiry Records, Including Establishing the public to enter comments on any risk control activities based on integrity Record System at 24,496 hours]. Federal Register notice issued by any management program principles and Public Comments Invited: You are agency. requirements. asked to comment on any aspect of this • Fax: 1–202–493–2251. The special permit request provided information collection, including: (1) • Mail: Docket Management System: by the operator includes a draft Whether the proposed collection is U.S. Department of Transportation, environmental assessment (EA), necessary for the performance of Docket Operations, M–30, West proposed special permit conditions, and FMCSA’s functions; (2) the accuracy of Building Ground Floor, Room W12–140, location map. These documents are filed the estimated burden; (3) ways for 1200 New Jersey Avenue SE, at http://www.Regulations.gov, in FMCSA to enhance the quality, Washington, DC 20590. Docket No. PHMSA–2019–0015. We usefulness, and clarity of the collected • Hand Delivery: Docket Management invite interested persons to participate information; and (4) ways that the System: U.S. Department of by reviewing the proposed special burden could be minimized without Transportation, Docket Operations, M– permit documents and draft EA at reducing the quality of the information 30, West Building Ground Floor, Room http://www.Regulations.gov, and by collected. The Agency will summarize W12–140, 1200 New Jersey Avenue SE, submitting written comments, data or or include your comments in the request Washington, DC 20590, between 9:00 other views. Please include any for OMB’s clearance of this ICR. a.m. and 5:00 p.m., Monday through comments on potential safety and Friday, except Federal holidays. environmental impacts that may result Issued under the authority of 49 CFR 1.87. Instructions: You should identify the if the special permit is granted. G. Kelly Regal, docket number for the special permit Before issuing a decision on the Associate Administrator for Office of request you are commenting on at the special permit request, PHMSA will Research and Information Technology. beginning of your comments. If you evaluate all comments received on or [FR Doc. 2019–08964 Filed 5–1–19; 8:45 am] submit your comments by mail, please before the comment closing date. BILLING CODE 4910–EX–P submit two copies. To receive Comments received after the comment

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closing date will be evaluated if it is • Southwest Region: 713–272–2859 of patrols must be based upon the size possible to do so without incurring Arkansas, Louisiana, New Mexico, of the line, operating pressures, class additional expense or delay. PHMSA Oklahoma, and Texas locations, terrain, seasonal weather will consider each relevant comment we • Western Region: 720–963–3160 conditions, and other relevant factors. receive in making our decision to grant Alaska, Arizona, California, Colorado, One of the primary reasons for this or deny a request. Hawaii, Idaho, Montana, Nevada, patrol requirement is to monitor Issued in Washington, DC, on April 29, Oregon, Utah, Washington, and geological movement, both slowly 2019, under authority delegated in 49 CFR Wyoming occurring or acute changes, which may 1.97. Intrastate pipeline operators should affect the current or future safe Alan K. Mayberry, contact the appropriate state pipeline operation of the pipeline. Furthermore, § 192.613(a) states that Associate Administrator for Pipeline Safety. safety authority. A list of state pipeline ‘‘[e]ach operator shall have a procedure safety authorities is available at http:// [FR Doc. 2019–08985 Filed 5–1–19; 8:45 am] for continuing surveillance of its www.napsr.org/state-program- BILLING CODE 4910–60–P facilities to determine and take managers.html. appropriate action concerning changes For general information about this in class location, failures, leakage DEPARTMENT OF TRANSPORTATION notice contact Mike Yazemboski, Project history, corrosion, substantial changes Manager, PHMSA Eastern Region, at in cathodic protection requirements, Pipeline and Hazardous Materials 609–771–7800 or by email at and other unusual operating and Safety Administration [email protected]. maintenance conditions.’’ Section [Docket No. PHMSA–2019–0087] SUPPLEMENTARY INFORMATION: 192.613(b) further states that ‘‘[i]f a I. Background segment of pipeline is determined to be Pipeline Safety: Potential for Damage in unsatisfactory condition but no to Pipeline Facilities Caused by Earth The purpose of this advisory bulletin immediate hazard exists, the operator Movement and Other Geological is to remind owners and operators of gas shall initiate a program to recondition or Hazards and hazardous liquid pipelines, phase out the segment involved, or, if particularly those with facilities located AGENCY: Pipeline and Hazardous the segment cannot be reconditioned or in inland areas, about the serious safety- phased out, reduce the maximum Materials Safety Administration related issues that can result from earth (PHMSA), DOT. allowable operating pressure in movement and other geologic hazards. accordance with § 192.619(a) and (b).’’ ACTION: Notice; issuance of advisory Natural gas and hazardous liquid Section 195.401(b)(1) of the pipeline bulletin. pipelines are required to be designed to safety regulations for hazardous liquid withstand external loads including SUMMARY: pipelines states that ‘‘[w]henever an PHMSA is issuing this those that may be imposed by geological advisory bulletin to remind owners and operator discovers any condition that forces. Specifically, natural gas could adversely affect the safe operation operators of gas and hazardous liquid pipelines must be designed in pipelines of the potential for damage to of its pipeline system, it must correct accordance with 49 CFR 192.103 and the condition within a reasonable time. pipeline facilities caused by earth hazardous liquid pipelines must be movement from both landslides and However, if the condition is of such a designed in accordance with § 195.110. nature that it presents an immediate subsidence in variable, steep, and To comply with these regulations, the rugged terrain and for varied geological hazard to persons or property, the design of new pipelines, including operator may not operate the affected conditions. These conditions can pose a repairs or replacement, must consider threat to the integrity of pipeline part of the system until it has corrected load that may be imposed by geological the unsafe condition.’’ Section facilities if those threats are not forces. identified and mitigated. 195.401(b)(2) further states that ‘‘[w]hen Once operational, § 192.317(a) of the an operator discovers a condition on a FOR FURTHER INFORMATION CONTACT: pipeline safety regulations for natural pipeline covered under [the integrity Operators of pipelines subject to gas pipelines states that ‘‘[t]he operator management requirements in] § 195.452, regulation by PHMSA should contact must take all practicable steps to protect the operator must correct the condition the appropriate PHMSA Region Office. each transmission line or main from as prescribed in § 195.452(h).’’ Land The PHMSA Region Offices and their washouts, floods, unstable soil, movement, severe flooding, river scour, contact information are as follows: landslides, or other hazards that may and river channel migration are the • Eastern Region: 609–771–7800 cause the pipeline to move or to sustain types of unusual operating conditions Connecticut, Delaware, District of abnormal loads. In addition, the that can adversely affect the safe Columbia, Maine, Maryland, operator must take all practicable steps operation of a pipeline and require Massachusetts, New Hampshire, to protect offshore pipelines from corrective action under §§ 192.613(a) New Jersey, New York, Ohio, damage by mud slides, water currents, and 195.401(b). Additional guidance for Pennsylvania, Rhode Island, hurricanes, ship anchors, and fishing identifying risk factors and mitigating Vermont, Virginia, and West operations.’’ This advisory bulletin natural force hazards on pipeline Virginia addresses those protective requirements segments, that could affect high • Southern Region: 404–832–1147 associated with damage caused by consequence areas, are outlined in Alabama, Florida, Georgia, Kentucky, geological factors. Appendix C, section B, to Part 195. Mississippi, North Carolina, Puerto In addition, § 192.705 requires Sections 192.935 and 195.452(i) Rico, South Carolina, and operators of gas transmission lines to require an operator to take additional Tennessee have a patrol program to observe surface preventative and mitigative measures to • Central Region: 816–329–3800 conditions on and adjacent to the prevent a pipeline failure and to Illinois, Indiana, Iowa, Kansas, transmission line right-of-way for mitigate the consequences of a pipeline Michigan, Minnesota, Missouri, indications of leaks, construction failure that could affect a high Nebraska, North Dakota, South activity, and other factors affecting consequence area. An operator must Dakota, and Wisconsin safety and operation and the frequency base the additional measures on the

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threats the operator has identified for the incident. Automated safety strength characteristics, ground and each pipeline segment. If an operator equipment designed to stop the flow of surface water conditions, propensity for determines there is a threat to the gas to the effected segment activated to erosion or scour of underlying soils, and pipeline, such as outside force damage shut off gas flow to the damaged the propensity of earthquakes or frost (e.g., earth movement, floods), the segment of pipeline. heave. operator must take steps to prevent a • On January 31, 2018, a portion of a 3. Develop design, construction, and failure and to minimize the pipeline experienced an in-service monitoring plans and procedures for consequences of a failure under these rupture near the city of Summerfield, each identified location, based on the regulations. Ohio. The rupture of the 24-inch site-specific hazards identified. When PHMSA is aware of recent earth interstate pipeline resulted in the constructing new pipelines, develop movement and other geological-related release of approximately 23,500 MCF of and implement procedures for pipe and incidents/accidents and safety-related natural gas in a rural forested area. A girth weld designs to increase their conditions throughout the county, root cause analysis concluded that the effectiveness for taking loads, either particularly in the eastern portion of the girth weld failure was caused by axial stresses or strains, exerted from pipe United States. Seven of the more notable stress due to movement of the pipe that movement in areas where geological events are briefly described below: exceeded the cross-sectional tensile subsurface conditions and movement • On October 21, 2016, a pipeline strength of the net section weld zone are a hazard to the pipeline integrity. release of over 1,238 barrels of gasoline surrounding the crack initiation 4. Monitoring plans may include: spilled into the Loyalsock Creek in location. This determination is • Ensuring during construction of Lycoming County, Pennsylvania. The supported by metallurgical analysis, new pipelines that excavators do not release was caused by extreme localized strain capacity evaluation and steepen, load (including changing the flooding and soil erosion. geotechnical findings. • • groundwater levels) or undercut slopes On December 5, 2016, On January 29, 2019, a pipeline which may cause excessive ground approximately 12,615 barrels of crude ruptured near the town of Lumberport movement during construction or after oil was released into Ash Coulee Creek in Harrison County, West Virginia. The operations commence. in Billings County, North Dakota. The rupture was located at a girth weld of an • Conducting periodic visits and site metallurgical and root cause failure elbow on the 12-inch interstate pipeline. inspections; increased patrolling may be analysis indicated the failure was The root cause investigation concluded necessary due to potential hazards caused by compressive and bending that a landslide about 150 yards from identified and existing/pending weather forces due to a landslide impacting the the rupture moved the pipeline conditions. Right-of-way patrol staff pipeline. The landslide was the result of approximately 10 feet from its original must be trained on how to detect and excessive moisture within the hillside location causing excessive stress on the report to appropriate staff the conditions creating unstable soil conditions. pipe resulting in the rupture. that may lead to or exhibit ground • On April 30, 2018, a pipeline movement. failure occurred in a remote II. Advisory Bulletin (ADB–2019–02) • Identifying geodetic monitoring mountainous region of Marshall County, To: Owners and Operators of Gas and points (i.e., survey bench marks) to track West Virginia resulting in the release of Hazardous Liquid Pipeline Systems. potential ground movement; 2,658 barrels of propane. The failure Subject: Potential Damage to Pipeline • Installing slope inclinometers to and subsequent release was caused by Facilities Caused by External Loads track ground movement at depth which lateral movement of the 8-inch intrastate Imposed by Earth Movement and Other may otherwise not be detectable during pipeline due to earth movement along Geologic Hazards on and Adjacent to Pipeline Right-of-Way Corridors. ROW patrols; the right-of-way. • • On June 7, 2018, a rupture occurred Advisory: All owners and operators of Installing standpipe piezometers to on a 36-inch pipeline located in a rural, gas and hazardous liquid pipelines are track changes in groundwater mountainous area near Moundsville, reminded that earth movement, conditions that may affect slope particularly in variable, steep, and stability; West Virginia, resulting in the release of • approximately 165,000 MCF of natural rugged terrain and with varied Evaluating the accumulation of gas. The failed sections of the pipeline geological subsurface conditions, can strain in the pipeline by installing strain pose a threat to the integrity of a gauges on the pipeline. were sent to a metallurgical laboratory • to determine the probable cause behind pipeline if those threats are not Conducting stress/strain analysis the failure of the pipeline. According to mitigated. Pipeline operators should utilizing in-line inspection tools the analysis, the cause of the rupture consider taking the following actions to equipped with Inertia Mapping Unit was due to earth movement on the right- ensure pipeline safety: technology and High Resolution of-way due to a single overload event. 1. Identify areas surrounding the Deformation in-line inspection for pipe pipeline that may be prone to large earth bending and denting from movement. Overloading of the pipeline likely • resulted from a series of lateral movement, including but not limited to Utilizing aerial mapping light displacements with accompanying slope instability, subsidence, frost detection and ranging or other bending. heave, soil settlement, erosion, technology to track changes in ground • On January 9, 2018, a failure earthquakes, and other dynamic conditions. occurred on a 22-inch transmission geologic conditions that may pose a 5. Develop mitigation measures to pipeline in Montecito California. The safety risk. remediate the identified locations. incident resulted in a fire and explosion 2. Utilize geotechnical engineers 6. Mitigation measures should be and the release of an estimated 12,000 during the design, construction, and based on site-specific conditions and MFC of natural gas within a Class 3 ongoing operations of a pipeline system may include: • location.1 It is believed that heavy rains to ensure that sufficient information is Re-routing the pipeline right-of-way and localized flooding contributed to available to avoid or minimize the prior to construction to avoid areas impact of earth movement on the prone to large ground movement such as 1 See 49 CFR 192.5(b)(3) (defining Class 3 integrity of the pipeline system. At a unstable slope areas, earthquake fault locations). minimum, this should include soil zones, permafrost movement, or scour.

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• Utilize properly designed its operating pressure, or otherwise LITC Program Office is scheduling a horizontal directional drilling (HDD) to changing its operating status. Per webinar to cover the application process go below areas of potential land § 190.239, PHMSA may propose on May 15, 2019. See www.irs.gov/ movement. additional safety measures, including advocate/low-income-taxpayer-clinics • Installation of drainage measures in testing of the pipeline, or design for more details, including registration the trench to mitigate subsurface flows changes to address external loads information. and enhance surface water draining at induced by ground movement, be taken FOR FURTHER INFORMATION CONTACT: Bill the site including streams, creeks, runs, to ensure that the serviceability of the Beard at (949) 575–6200 (not a toll-free gullies or other sources of surface run- pipeline has not been impaired or that number) or by email at beard.william@ off that may be contributing surface the condition will not worsen over time. irs.gov. The LITC Program Office is Furthermore, reporting a safety-related water to the site or changing located at: IRS, Taxpayer Advocate condition as prescribed in §§ 191.23 and groundwater levels that may exacerbate Service, LITC Grant Program 195.55 may also be required. earth movement. Administration Office, TA: LITC, 1111 • Reducing the steepness of Issued in Washington, DC, on April 29, Constitution Avenue NW, Room 1034, potentially unstable slopes, including 2019, under authority delegated in 49 CFR Washington, DC 20224. Copies of the installing retaining walls, soldier piles, 1.97. 2020 Grant Application Package and sheet piles, wire mesh systems, Alan K. Mayberry, Guidelines, IRS Publication 3319 (Rev. mechanically stabilized earth systems Associate Administrator for Pipeline Safety. 5–2019, can be downloaded from the and other mechanical structures. [FR Doc. 2019–08984 Filed 5–1–19; 8:45 am] • Installing trench breakers and slope IRS internet site at www.irs.gov/ BILLING CODE 4910–60–P breakers to mitigate trench seepage and advocate or ordered by calling the IRS divert trench flows along the surface to Distribution Center toll-free at 1–800– safe discharge points off the site or 829–3676. DEPARTMENT OF THE TREASURY right-of-way. SUPPLEMENTARY INFORMATION: • Building retaining walls and/or Internal Revenue Service Background installing steel piling or concrete Pursuant to Internal Revenue Code caissons to stabilize steep slope areas as Low Income Taxpayer Clinic Grant (IRC) section 7526, the IRS will long as the corrosion control systems are Program; Availability of 2020 Grant annually award up to $6,000,000 (unless not compromised. Application Package • Reducing the loading on the site by otherwise provided by specific removing and/or reducing the excess AGENCY: Internal Revenue Service (IRS), Congressional appropriation) to backfill materials to off-site locations. Treasury. qualified organizations, subject to the Soil placement should be carefully ACTION: Notice. limitations set forth in the statute. planned to avoid triggering earth Grants may be awarded for the SUMMARY: This document contains a movement in other locations. development, expansion, or notice that the IRS has made available • Compacting backfill materials at the continuation of low income taxpayer the 2020 Grant Application Package and site to increase strength, reduce water clinics. For calendar year 2019, Guidelines (Publication 3319) for infiltration, and to achieve optimal Congress appropriated a total of organizations interested in applying for moisture content. $12,000,000 in federal funds for LITC • Drying the soil using special a Low Income Taxpayer Clinic (LITC) grants. See Public Law 116–6. additives such as lime-kiln dust or matching grant for the 2020 grant year, A qualified organization may receive cement-kiln to allow the materials to be which runs from January 1, 2020, a matching grant of up to $100,000 per re-used and worked at the site. Over- through December 31, 2020. The year for up to a three-year project saturated materials may require an application period runs from May 1, period. A qualified organization is one extensive amount of time and space to 2019, through June 17, 2019. that represents low income taxpayers in dry. DATES: All applications and requests for controversies with the IRS and informs • Regrading the pipeline right-of-way continued funding for the 2020 grant individuals for whom English is a to minimize scour and erosion. year must be filed electronically by second language (ESL taxpayers) of their • Bringing the pipeline above ground 11:59 p.m. (Eastern Daylight Time) on taxpayer rights and responsibilities, and and placing them on supports that can June 17, 2019. The IRS is authorized to does not charge more than a nominal fee accommodate large ground movements, award multi-year grants not to exceed for its services (except for (e.g., transitions across earthquake fault three years. For an organization not reimbursement of actual costs incurred). zones or unstable slopes, without currently receiving a grant for 2019, an Examples of qualified organizations putting excessive stress or strain on the organization that received a single year include (1) a clinical program at an pipeline). grant in 2019, or an organization whose accredited law, business, or accounting • Reducing the operating pressure multi-year grant ends in 2019, the school whose students represent low temporarily or shutting-in the affected organization must apply electronically income taxpayers in tax controversies pipeline segment completely. at www.grants.gov. For an organization with the IRS and (2) an organization • Re-routing the pipeline when other currently receiving a grant for 2019 that exempt from tax under IRC section appropriate mitigation measures cannot is requesting funding for the second or 501(a) whose employees and volunteers be effectively implemented to maintain third year of a multi-year grant, the represent low income taxpayers in safety. organization must submit a request for controversies with the IRS and may also If a pipeline has suffered damage or continued funding electronically at make referrals to qualified volunteers to is shut-in as a precautionary measure www.grantsolutions.gov. All provide representation. due to earth movement or other geologic organizations must use the funding A clinic will be treated as hazards, the operator should advise the number of TREAS–GRANTS–052020– representing low income taxpayers in appropriate PHMSA regional office or 001, and the Catalog of Federal controversies with the IRS if at least 90 state pipeline safety authority before Domestic Assistance program number is percent of the taxpayers represented by returning the line to service, increasing 21.008. See https://beta.sam.gov/. The the clinic have incomes that do not

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exceed 250 percent of the federal organization, including the number of DEPARTMENT OF VETERANS poverty level. In addition, the amount in ESL taxpayers in that geographic area; AFFAIRS controversy for the tax year to which the (2) the existence of other LITCs assisting controversy relates generally cannot the same population of low income and [OMB Control No. 2900–0525] exceed the amount specified in IRC ESL taxpayers; (3) the quality of the Agency Information Collection Activity section 7463 (currently $50,000) for program offered by the organization, eligibility for special small tax case Under OMB Review: VA MATIC including the qualifications of its Enrollment/Change procedures in the United States Tax administrators and qualified Court. The IRS may award grants to representatives, and its record, if any, in AGENCY: Veterans Benefits qualified organizations to fund one-year, providing representation services to low Administration, Department of Veterans two-year, or three-year project periods. income taxpayers; (4) the quality of the Affairs. Grant funds may be awarded for start- application, including the ACTION: up expenditures incurred by new clinics Notice. reasonableness of the proposed budget; during the grant year. (5) the organization’s compliance with SUMMARY: In compliance with the Mission Statement all federal tax obligations (filing and Paperwork Reduction Act (PRA) of 1995, this notice announces that the Low Income Taxpayer Clinics ensure payment); (6) the organization’s Veterans Benefits Administration, the fairness and integrity of the tax compliance with all federal nontax Department of Veterans Affairs, will system for taxpayers who are low monetary obligations (filing and submit the collection of information income or speak English as a second payment); (7) whether debarment or abstracted below to the Office of language by, providing pro bono suspension (31 CFR part 19) applies or Management and Budget (OMB) for representation on their behalf in tax whether the organization is otherwise review and comment. The PRA disputes with the IRS; educating them excluded from or ineligible for a federal submission describes the nature of the about their rights and responsibilities as award; and (8) alternative funding information collection and its expected taxpayers; and identifying and sources available to the organization, cost and burden and it includes the advocating for issues that impact them. including amounts received from other actual data collection instrument. grants and contributors and the Selection Consideration endowment and resources of the DATES: Comments must be submitted on Despite the IRS’s efforts to foster institution sponsoring the organization. or before June 3, 2019. parity in availability and accessibility in ADDRESSES: Submit written comments Applications that pass the eligibility the selection of organizations receiving on the collection of information through LITC matching grants and the continued screening process will undergo a www.Regulations.gov, or to Office of increase in clinic services nationwide, Technical Evaluation and must receive Information and Regulatory Affairs, there remain communities that are a minimum score to be considered Office of Management and Budget, Attn: underrepresented by clinics. Although further. Details regarding the scoring VA Desk Officer; 725 17th St. NW, each application and request for process can be found in Publication Washington, DC 20503 or sent through continued funding for the 2020 grant 3319. Applications achieving the electronic mail to oira_submission@ year will be given due consideration, minimum score will be subject to a omb.eop.gov. Please refer to ‘‘OMB the IRS will give special consideration Program Office evaluation. A request for Control No. 2900–0525’’ in any to applicants from the following continued funding from an organization correspondence. underserved geographic areas: currently receiving a grant for 2019 will FOR FURTHER INFORMATION CONTACT: also be subject to a Program Office Arizona—Central Danny S. Green, Enterprise Records evaluation. The final funding decision is Florida—Mid-Florida and the Service (005R1B), Department of panhandle made by the National Taxpayer Veterans Affairs, 811 Vermont Avenue Hawaii—Entire State Advocate, unless recused. The costs of NW, Washington, DC 20420, (202) 421– Montana—Entire State preparing and submitting an application 1354 or email [email protected]. New York—Southeast Corner (or a request for continued funding) are Please refer to ‘‘OMB Control No.2900– North Dakota—Entire State the responsibility of each applicant. 0525’’ in any correspondence. Applications and requests for continued Pennsylvania—Northern SUPPLEMENTARY INFORMATION: funding may be released in response to Puerto Rico—Entire Territory Authority: 44 U.S.C. 3501–21. Freedom of Information Act requests. West Virginia—Entire State Title: VA MATIC Enrollment/Change, Therefore, applicants must not include Wyoming—Entire State VA Form 29–0165. any individual taxpayer information. A more detailed list of the OMB Control Number: 2900–0525. underserved cities and counties within The LITC Program Office will notify Type of Review: Extension of a each state is available in Publication each applicant in writing once funding currently approved collection. 3319 at www.irs.gov/pub/irs-pdf/ decisions have been made. Abstract: VA Form 29–0165 is used p3319.pdf. by the insured to enroll in or to change Nina E. Olson, In determining whether to award a the account number and/or bank from grant, the IRS will consider a variety of National Taxpayer Advocate. which a deduction was previously factors, including: (1) The number of [FR Doc. 2019–08971 Filed 5–1–19; 8:45 am] authorized. The information requested taxpayers who will be assisted by the BILLING CODE 4830–01–P is authorized by law, 38 U.S.C. 1908.

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An agency may not conduct or Affected Public: Individuals or By direction of the Secretary. sponsor, and a person is not required to Households. Danny S. Green, respond to a collection of information Estimated Annual Burden: 1,250. Interim Department Clearance Officer, Office unless it displays a currently valid OMB Estimated Average Burden per of Quality, Performance and Risk, control number. The Federal Register Department of Veterans Affairs. Respondent: 15 minutes. Notice with a 60-day comment period [FR Doc. 2019–08959 Filed 5–1–19; 8:45 am] Frequency of Response: On occasion. soliciting comments on this collection BILLING CODE 8320–01–P of information was published at 84 FR, Estimated Number of Respondents: 34 on February 20, 2019, page 5200. 5,000.

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Part II

Environmental Protection Agency

40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing Residual Risk and Technology Review; Proposed Rule

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ENVIRONMENTAL PROTECTION asphalt-roofing-manufacturing-national. Office of Enforcement and Compliance AGENCY See SUPPLEMENTARY INFORMATION for Assurance (OECA), U.S. Environmental information on requesting and Protection Agency, EPA WJC South 40 CFR Part 63 registering for a public hearing. Building (Mail Code 2221A), 1200 [EPA–HQ–OAR–2017–0662; FRL–9992–56– ADDRESSES: Pennsylvania Avenue NW, Washington, OAR] Comments. Submit your comments, DC 20460; telephone number: (202) identified by Docket ID No. EPA–HQ– 564–1395; and email address: cox.john@ RIN 2060–AT34 OAR–2017–0662, at https:// epa.gov. National Emission Standards for www.regulations.gov. Follow the online SUPPLEMENTARY INFORMATION: Hazardous Air Pollutants: Asphalt instructions for submitting comments. Public hearing. Please contact Ms. Processing and Asphalt Roofing Once submitted, comments cannot be Virginia Hunt at (919) 541–0832 or by Manufacturing Residual Risk and edited or removed from Regulations.gov. email at [email protected] to Technology Review See SUPPLEMENTARY INFORMATION for request a public hearing, to register to detail about how the EPA treats speak at the public hearing, or to inquire AGENCY: Environmental Protection submitted comments. Regulations.gov is as to whether a public hearing will be Agency (EPA). our preferred method of receiving held. ACTION: Proposed rule. comments. However, the following Docket. The EPA has established a other submission methods are also docket for this rulemaking under Docket SUMMARY: The Environmental Protection accepted: ID No. EPA–HQ–OAR–2017–0662. All Agency (EPA) is proposing amendments • Email: [email protected]. documents in the docket are listed in to the National Emission Standards for Include Docket ID No. EPA–HQ–OAR– Regulations.gov. Although listed, some Hazardous Air Pollutants (NESHAP): 2017–0662 in the subject line of the information is not publicly available, Asphalt Processing and Asphalt Roofing message. e.g., Confidential Business Information Manufacturing. The proposed action • Fax: (202) 566–9744. Attention (CBI) or other information whose presents the results of the residual risk Docket ID No. EPA–HQ–OAR–2017– disclosure is restricted by statute. and technology review (RTR) conducted 0662. Certain other material, such as as required under the Clean Air Act • Mail: To ship or send mail via the copyrighted material, is not placed on (CAA). The EPA is also proposing United States Postal Service, use the the internet and will be publicly amendments to correct and clarify following address: U.S. Environmental available only in hard copy. Publicly regulatory provisions related to Protection Agency, EPA Docket Center, available docket materials are available emissions during periods of startup, Docket ID No. EPA–HQ–OAR–2017– either electronically in Regulations.gov shutdown, and malfunction; add 0662, Mail Code 28221T, 1200 or in hard copy at the EPA Docket requirements for periodic performance Pennsylvania Avenue NW, Washington, Center, Room 3334, EPA WJC West testing; add electronic reporting of DC 20460. Building, 1301 Constitution Avenue performance test results and reports, • Hand/Courier Delivery: Use the NW, Washington, DC. The Public performance evaluation reports, following Docket Center address if you Reading Room is open from 8:30 a.m. to compliance reports, and Notification of are using express mail, commercial 4:30 p.m., Monday through Friday, Compliance Status reports; revise delivery, hand delivery, or courier: EPA excluding legal holidays. The telephone monitoring requirements for control Docket Center, EPA WJC West Building, number for the Public Reading Room is devices used to comply with the Room 3334, 1301 Constitution Avenue (202) 566–1744, and the telephone particulate matter (PM) standards; and NW, Washington, DC 20004. Delivery number for the EPA Docket Center is include other technical corrections to verification signatures will be available (202) 566–1742. improve consistency and clarity. only during regular business hours. Instructions. Direct your comments to Although the proposed amendments are FOR FURTHER INFORMATION CONTACT: For Docket ID No. EPA–HQ–OAR–2017– not anticipated to result in reductions in questions about this proposed action, 0662. The EPA’s policy is that all emissions of hazardous air pollutants contact Tonisha Dawson, Sector Policies comments received will be included in (HAP), if finalized, they would result in and Programs Division (Mail Code the public docket without change and improved compliance and D243–02), Office of Air Quality may be made available online at https:// implementation of the rule. Planning and Standards, U.S. www.regulations.gov, including any DATES: Environmental Protection Agency, personal information provided, unless Comments. Comments must be Research Triangle Park, North Carolina the comment includes information received on or before June 17, 2019. 27711; telephone number: (919) 541– claimed to be CBI or other information Under the Paperwork Reduction Act 1454; fax number: (919) 541–4991; and whose disclosure is restricted by statute. (PRA), comments on the information email address: [email protected]. Do not submit information that you collection provisions are best assured of For specific information regarding the consider to be CBI or otherwise consideration if the Office of risk modeling methodology, contact protected through https:// Management and Budget (OMB) Matthew Woody, Health and www.regulations.gov or email. This type receives a copy of your comments on or Environmental Impacts Division (Mail of information should be submitted by before June 3, 2019. Code C539–02), Office of Air Quality mail as discussed below. Public Hearing. If anyone contacts us Planning and Standards, U.S. The EPA may publish any comment requesting a public hearing on or before Environmental Protection Agency, received to its public docket. May 7, 2019, we will hold a hearing. Research Triangle Park, North Carolina Multimedia submissions (audio, video, Additional information about the 27711; telephone number: (919) 541– etc.) must be accompanied by a written hearing, if requested, will be published 1535; fax number: (919) 541–0840; and comment. The written comment is in a subsequent Federal Register email address: woody.matthew@ considered the official comment and document and posted at https:// epa.gov. For information about the should include discussion of all points www.epa.gov/stationary-sources-air- applicability of the NESHAP to a you wish to make. The EPA will pollution/asphalt-processing-and- particular entity, contact John Cox, generally not consider comments or

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comment contents located outside of the part 2. Send or deliver information POM polycyclic organic matter primary submission (i.e., on the Web, identified as CBI only to the following ppm parts per million cloud, or other file sharing system). For address: OAQPS Document Control PRA Paperwork Reduction Act additional submission methods, the full RACT reasonably available control Officer (C404–02), OAQPS, U.S. technology EPA public comment policy, Environmental Protection Agency, RBLC RACT/BACT/LAER Clearinghouse information about CBI or multimedia Research Triangle Park, North Carolina REL reference exposure level submissions, and general guidance on 27711, Attention Docket ID No. EPA– RFA Regulatory Flexibility Act making effective comments, please visit HQ–OAR–2017–0662. RfC reference concentration https://www.epa.gov/dockets/ Preamble Acronyms and RTR residual risk and technology review commenting-epa-dockets. Abbreviations. We use multiple SAB Science Advisory Board The https://www.regulations.gov acronyms and terms in this preamble. SSM startup, shutdown, and malfunction website allows you to submit your THC total hydrocarbons While this list may not be exhaustive, to TOSHI target organ-specific hazard index comment anonymously, which means ease the reading of this preamble and for tpy tons per year the EPA will not know your identity or reference purposes, the EPA defines the TRIM.FaTE Total Risk Integrated contact information unless you provide following terms and acronyms here: Methodology. Fate, Transport, and it in the body of your comment. If you AEGL acute exposure guideline level Ecological Exposure Model send an email comment directly to the AERMOD air dispersion model used by the UF uncertainty factor EPA without going through https:// HEM–3 model UMRA Unfunded Mandates Reform Act www.regulations.gov, your email APCD air pollution control device URE unit risk estimate address will be automatically captured ATSDR Agency for Toxic Substances and USGS U.S. Geological Survey and included as part of the comment Disease Registry VCS voluntary consensus standards that is placed in the public docket and BACT best available control technology Organization of this Document. The made available on the internet. If you CAA Clean Air Act information in this preamble is submit an electronic comment, the EPA CalEPA California EPA organized as follows: CBI Confidential Business Information recommends that you include your CDX Central Data Exchange I. General Information name and other contact information in CEDRI Compliance and Emissions Data A. Does this action apply to me? the body of your comment and with any Reporting Interface B. Where can I get a copy of this document digital storage media you submit. If the CFR Code of Federal Regulations and other related information? EPA cannot read your comment due to ECHO Enforcement and Compliance II. Background technical difficulties and cannot contact History Online A. What is the statutory authority for this action? you for clarification, the EPA may not EPA Environmental Protection Agency ERPG Emergency Response Planning B. What are the source categories and how be able to consider your comment. does the current NESHAP regulate their Electronic files should not include Guideline ERT Electronic Reporting Tool HAP emissions? special characters or any form of GACT generally available control C. What data collection activities were encryption and be free of any defects or technologies conducted to support this action? viruses. For additional information HAP hazardous air pollutant(s) D. What other relevant background about EPA’s public docket, visit the EPA HCl hydrogen chloride information and data are available? III. Analytical Procedures and Decision Docket Center homepage at https:// HEM–3 Human Exposure Model, Version Making 1.1.0 www.epa.gov/dockets. A. How do we consider risk in our decision HF hydrogen fluoride Submitting CBI. Do not submit making? HI hazard index information containing CBI to the EPA B. How do we perform the technology through https://www.regulations.gov or HQ hazard quotient review? email. Clearly mark the part or all of the IBR ncorporation by reference C. How do we estimate post-MACT risk information that you claim to be CBI. ICAC Institute of Clean Air Companies posed by the source categories? IRIS Integrated Risk Information System For CBI information on any digital IV. Analytical Results and Proposed km kilometer Decisions storage media that you mail to the EPA, LAER lowest achievable emission rate mark the outside of the digital storage A. What are the results of the risk MACT maximum achievable control assessment and analyses? media as CBI and then identify technology B. What are our proposed decisions electronically within the digital storage mg/m3 milligrams per cubic meter regarding risk acceptability, ample media the specific information that is MIR maximum individual risk margin of safety, and adverse claimed as CBI. In addition to one NAAQS National Ambient Air Quality environmental effect? complete version of the comments that Standards C. What are the results and proposed includes information claimed as CBI, NAICS North American Industry decisions based on our technology you must submit a copy of the Classification System review? NEI National Emission Inventory D. What are the overall results of the risk comments that do not contain the NESHAP national emission standards for information claimed as CBI directly to and technology reviews? hazardous air pollutants E. What other actions are we proposing? the public docket through the NRDC Natural Resources Defense Council F. What compliance dates are we procedures outlined in Instructions NSR New Source Review proposing? above. If you submit any digital storage NTTAA National Technology Transfer and V. Summary of Cost, Environmental, and media that does not contain CBI, mark Advancement Act Economic Impacts the outside of the digital storage media OAQPS Office of Air Quality Planning and A. What are the affected sources? clearly that it does not contain CBI. Standards B. What are the air quality impacts? Information not marked as CBI will be OECA Office of Enforcement and C. What are the cost impacts? included in the public docket and the Compliance Assurance D. What are the economic impacts? OMB Office of Management and Budget E. What are the benefits? EPA’s electronic public docket without PB–HAP hazardous air pollutants known to VI. Request for Comments prior notice. Information marked as CBI be persistent and bio-accumulative in the VII. Submitting Data Corrections will not be disclosed except in environment VIII. Statutory and Executive Order Reviews accordance with procedures set forth in PDF portable document format A. Executive Order 12866: Regulatory 40 Code of Federal Regulations (CFR) PM particulate matter Planning and Review and Executive

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Order 13563: Improving Regulation and the entities that this proposed action is 112(c)(1) of the Clean Air Act Regulatory Review likely to affect. The proposed standards, Amendments of 1990 (see 57 FR 31576, B. Executive Order 13771: Reducing once promulgated, will be directly July 16, 1992) and Documentation for Regulations and Controlling Regulatory Costs applicable to the affected sources. Developing the Initial Source Category C. Paperwork Reduction Act (PRA) Federal, state, local, and tribal List (see EPA–450/3–91–030), the D. Regulatory Flexibility Act (RFA) government entities would not be Asphalt Roofing Manufacturing source E. Unfunded Mandates Reform Act affected by this proposed action. As category includes any facility consisting (UMRA) defined in the Initial List of Categories of one or more asphalt roofing F. Executive Order 13132: Federalism of Sources Under Section 112(c)(1) of G. Executive Order 13175: Consultation manufacturing lines. An asphalt roofing the Clean Air Act Amendments of 1990 manufacturing line includes the and Coordination With Indian Tribal (see 57 FR 31576, July 16, 1992) and Governments collection of equipment used to H. Executive Order 13045: Protection of Documentation for Developing the manufacture asphalt roofing products Initial Source Category List (see EPA– Children From Environmental Health through a series of sequential process 450/3–91–030), the Asphalt Processing Risks and Safety Risks steps. The equipment that constitutes an I. Executive Order 13211: Actions source category is any facility engaged asphalt roofing manufacturing line Concerning Regulations That in the preparation of asphalt flux at varies depending on the type of Significantly Affect Energy Supply, stand-alone asphalt processing facilities, Distribution, or Use petroleum refineries, and asphalt substrate used (i.e., organic or inorganic) J. National Technology Transfer and and the final product manufactured Advancement Act (NTTAA) and 1 CFR roofing facilities. Asphalt preparation, called ‘‘blowing,’’ is the oxidation of (e.g., roll roofing, laminated shingles). Part 51 An asphalt roofing manufacturing line K. Executive Order 12898: Federal Actions asphalt flux, achieved by bubbling air To Address Environmental Justice in through the heated asphalt, to raise the can include a saturator (including wet Minority Populations and Low-Income softening point, and to reduce looper), coater, coating mixers, sealant Populations penetration of the oxidized asphalt. An applicators, adhesive applicators, and asphalt storage and process tanks. Both I. General Information asphalt processing facility includes one or more asphalt flux blowing stills, the asphalt processing and asphalt A. Does this action apply to me? asphalt flux storage tanks storing roofing manufacturing categories are Table 1 of this preamble lists the asphalt flux intended for processing in covered under one NESHAP because NESHAP and associated regulated the blowing stills, oxidized asphalt these processes are closely related and industrial source categories that are the storage tanks, and oxidized asphalt are often collocated. For more subject of this proposal. Table 1 is not loading racks. information about the source categories intended to be exhaustive, but rather As defined in the Initial List of identified in Table 1 of this preamble, provides a guide for readers regarding Categories of Sources Under Section see section II.B of this preamble.

TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS PROPOSED ACTION

Source category NESHAP NAICS code 1

Asphalt Processing ...... Asphalt Processing and Asphalt Roofing Manufacturing ...... 324110 Asphalt Roofing Manufacturing ...... Asphalt Processing and Asphalt Roofing Manufacturing ...... 324122 1 North American Industry Classification System.

B. Where can I get a copy of this II. Background practices, processes, or control technologies’’ that may be appropriate document and other related A. What is the statutory authority for information? this action? to incorporate into the standards. This review is commonly referred to as the In addition to being available in the The statutory authority for this action ‘‘technology review.’’ When the two docket, an electronic copy of this action is provided by sections 112 and 301 of reviews are combined into a single is available on the internet. Following the CAA, as amended (42 U.S.C. 7401 et rulemaking, it is commonly referred to signature by the EPA Administrator, the seq.). Section 112 of the CAA as the ‘‘risk and technology review.’’ EPA will post a copy of this proposed establishes a two-stage regulatory The discussion that follows identifies action at https://www.epa.gov/ process to develop standards for the most relevant statutory sections and stationary-sources-air-pollution/ emissions of HAP from stationary briefly explains the contours of the sources. Generally, the first stage asphalt-processing-and-asphalt-roofing- methodology used to implement these involves establishing technology-based manufacturing-national. Following statutory requirements. A more standards and the second stage involves publication in the Federal Register, the comprehensive discussion appears in evaluating those standards that are EPA will post the Federal Register the document titled CAA Section 112 version of the proposal and key based on maximum achievable control technology (MACT) to determine Risk and Technology Reviews: Statutory technical documents at this same whether additional standards are Authority and Methodology, in the website. Information on the overall RTR needed to address any remaining risk docket for this rulemaking. program is available at https:// associated with HAP emissions. This In the first stage of the CAA section www3.epa.gov/ttn/atw/rrisk/rtrpg.html. second stage is commonly referred to as 112 standard setting process, the EPA A redline version of the regulatory the ‘‘residual risk review.’’ In addition promulgates technology-based standards language that incorporates the proposed to the residual risk review, the CAA also under CAA section 112(d) for categories changes in this action is available in the requires the EPA to review standards set of sources identified as emitting one or docket for this action (Docket ID No. under CAA section 112 every 8 years to more of the HAP listed in CAA section EPA–HQ–OAR–2017–0662). determine if there are ‘‘developments in 112(b). Sources of HAP emissions are

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either major sources or area sources, and making CAA section 112(f) residual risk Recyclers, Inc. v. EPA, 716 F.3d 667 CAA section 112 establishes different determinations (EPA–453/R–99–001, p. (D.C. Cir. 2013). The EPA may consider requirements for major source standards ES–11). The EPA subsequently adopted cost in deciding whether to revise the and area source standards. ‘‘Major this approach in its residual risk standards pursuant to CAA section sources’’ are those that emit or have the determinations and the United States 112(d)(6). potential to emit 10 tons per year (tpy) Court of Appeals for the District of B. What are the source categories and or more of a single HAP or 25 tpy or Columbia Circuit (the Court) upheld how does the current NESHAP regulate more of any combination of HAP. All EPA’s interpretation that CAA section their HAP emissions? other sources are ‘‘area sources.’’ For 112(f)(2) incorporates the approach major sources, CAA section 112(d)(2) established in the Benzene NESHAP. The current NESHAP for the Asphalt provides that the technology-based See Natural Resources Defense Council Processing and Asphalt Roofing NESHAP must reflect the maximum (NRDC) v. EPA, 529 F.3d 1077, 1083 Manufacturing source categories was degree of emission reductions of HAP (D.C. Cir. 2008). promulgated on April 29, 2003 (68 FR achievable (after considering cost, The approach incorporated into the 22975), and codified at 40 CFR part 63, energy requirements, and non-air CAA and used by the EPA to evaluate subpart LLLLL. As promulgated in 2003 quality health and environmental residual risk and to develop standards and further amended on May 17, 2005 impacts). These standards are under CAA section 112(f)(2) is a two- (70 FR 28360), the NESHAP prescribes commonly referred to as MACT step approach. In the first step, the EPA MACT standards for asphalt processing standards. CAA section 112(d)(3) also determines whether risks are acceptable. and asphalt roofing manufacturing establishes a minimum control level for This determination ‘‘considers all health facilities that are major sources of HAP. MACT standards, known as the MACT information, including risk estimation The MACT standards establish emission ‘‘floor.’’ The EPA must also consider uncertainty, and includes a presumptive limits for PM and total hydrocarbons control options that are more stringent limit on maximum individual lifetime (THC) as surrogates for total organic 1 than the floor. Standards more stringent [cancer] risk (MIR) of approximately 1 HAP. Sources of HAP emissions than the floor are commonly referred to in 10 thousand.’’ 54 FR 38045, regulated by 40 CFR part 63, subpart as beyond-the-floor standards. In certain September 14, 1989. If risks are LLLLL, include the following: Each instances, as provided in CAA section unacceptable, the EPA must determine blowing still, asphalt storage tank, and 112(h), the EPA may set work practice the emissions standards necessary to asphalt loading rack at asphalt standards where it is not feasible to reduce risk to an acceptable level processing facilities and each coating prescribe or enforce a numerical without considering costs. In the second mixer, coater, saturator, wet looper, emission standard. For area sources, step of the approach, the EPA considers asphalt storage tank, and sealant and CAA section 112(d)(5) gives the EPA whether the emissions standards adhesive applicator at asphalt roofing discretion to set standards based on provide an ample margin of safety to manufacturing facilities. The main HAP generally available control technologies protect public health ‘‘in consideration emitted from these sources include of all health information, including the or management practices (GACT hydrogen chloride (HCl) (from blowing number of persons at risk levels higher standards) in lieu of MACT standards. stills at asphalt processing facilities that than approximately 1 in 1 million, as use chlorinated catalysts), methylene The second stage in standard-setting well as other relevant factors, including chloride, hexane, methyl chloride, focuses on identifying and addressing costs and economic impacts, formaldehyde, and other organic HAP. any remaining (i.e., ‘‘residual’’) risk technological feasibility, and other More information and details regarding according to CAA section 112(f). For factors relevant to each particular the HAP emitted from these sources are source categories subject to MACT decision.’’ Id. The EPA must promulgate provided in Appendix 1 of the Residual standards, section 112(f)(2) of the CAA emission standards necessary to provide Risk Assessment for the Asphalt requires the EPA to determine whether an ample margin of safety to protect promulgation of additional standards is public health. After conducting the Processing and Asphalt Roofing needed to provide an ample margin of ample margin of safety analysis, we Manufacturing Source Categories in safety to protect public health or to consider whether a more stringent Support of the 2018 Risk and prevent an adverse environmental standard is necessary to prevent, taking Technology Review Proposed Rule, in effect. Section 112(d)(5) of the CAA into consideration costs, energy, safety, Docket ID No. EPA–HQ–OAR–2017– provides that this residual risk review is and other relevant factors, an adverse 0662. The MACT standards also limit not required for categories of area environmental effect. the opacity and visible emissions from sources subject to GACT standards. CAA section 112(d)(6) separately certain saturators, coaters, and asphalt Section 112(f)(2)(B) of the CAA further requires the EPA to review standards storage tanks. expressly preserves the EPA’s use of the promulgated under CAA section 112 As of August 1, 2018, there are eight two-step approach for developing and revise them ‘‘as necessary (taking facilities in operation and subject to the standards to address any residual risk into account developments in practices, MACT standards. Four of the eight and the Agency’s interpretation of processes, and control technologies)’’ no facilities are strictly asphalt processing ‘‘ample margin of safety’’ developed in less often than every 8 years. In facilities, and the other four operate an the National Emissions Standards for conducting this review, which we call asphalt processing facility collocated Hazardous Air Pollutants: Benzene the ‘‘technology review,’’ the EPA is not with an asphalt roofing manufacturing Emissions from Maleic Anhydride required to recalculate the MACT floor. facility. A complete list of facilities that Plants, Ethylbenzene/Styrene Plants, Natural Resource Defense Council are currently subject to the MACT Benzene Storage Vessels, Benzene (NRDC) v. EPA, 529 F.3d 1077, 1084 standards is available in Appendix A of Equipment Leaks, and Coke By-Product (D.C. Cir. 2008). Association of Battery the memorandum titled Clean Air Act Recovery Plants (Benzene NESHAP) (54 Section 112(d)(6) Review for the Asphalt FR 38044, September 14, 1989). The 1 Although defined as ‘‘maximum individual Processing and Asphalt Roofing EPA notified Congress in the Risk risk,’’ MIR refers only to cancer risk. MIR, one Manufacturing Source Categories, in metric for assessing cancer risk, is the estimated Report that the Agency intended to use risk if an individual were exposed to the maximum Docket ID No. EPA–HQ–OAR–2017– the Benzene NESHAP approach in level of a pollutant for a lifetime. 0662.

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C. What data collection activities were Reasonably Available Control The Benzene NESHAP approach conducted to support this action? Technology (RACT)/Best Available provides flexibility regarding factors the In June 2017, the EPA issued a Control Technology (BACT)/Lowest EPA may consider in making request, pursuant to CAA section 114, to Achievable Emission Rate (LAER) determinations and how the EPA may collect information from asphalt Clearinghouse (RBLC) to identify weigh those factors for each source processing and asphalt roofing technologies in use and determine categories. The EPA conducts a risk manufacturing facilities. This effort whether there have been relevant assessment that provides estimates of focused on gathering comprehensive developments in practices, processes, or the MIR posed by the HAP emissions control technologies. The RBLC is a information about process equipment, from each source in the source database that contains case specific control technologies, point and fugitive categories, the hazard index (HI) for information on air pollution emissions, and other aspects of facility chronic exposures to HAP with the technologies that have been required to operations. Companies completed the potential to cause noncancer health reduce the emissions of air pollutants survey for their facilities and submitted effects, and the hazard quotient (HQ) for from stationary sources. Under EPA’s responses to the EPA in September acute exposures to HAP with the New Source Review (NSR) program, if a 2017. The information not claimed as potential to cause noncancer health facility is planning new construction or 2 CBI by respondents is available in the effects. The assessment also provides a modification that will increase the air memorandum titled Data Received from estimates of the distribution of cancer emissions by a large amount, an NSR Clean Air Act Section 114 Request for risk within the exposed populations, permit must be obtained. This central cancer incidence, and an evaluation of the Asphalt Processing and Asphalt database promotes the sharing of Roofing Manufacturing Source the potential for an adverse information among permitting agencies environmental effect. The scope of the Categories, in Docket ID No. EPA–HQ– and aids in case-by-case determinations OAR–2017–0662. EPA’s risk analysis is consistent with for NSR permits. The EPA also reviewed the EPA’s response to comments on our D. What other relevant background subsequent air toxic regulatory actions policy under the Benzene NESHAP information and data are available? for other source categories and where the EPA explained that: information from site visits to determine The EPA used multiple sources of [t]he policy chosen by the Administrator whether there have been developments information to support this proposed permits consideration of multiple measures in practices, processes, or control action. Before developing the final list of health risk. Not only can the MIR figure technologies in the Asphalt Processing of affected facilities described in section be considered, but also incidence, the and Asphalt Roofing Manufacturing presence of noncancer health effects, and the II.B of this preamble, the EPA’s source categories. uncertainties of the risk estimates. In this Enforcement and Compliance History way, the effect on the most exposed Online (ECHO) database was used as a III. Analytical Procedures and Decision individuals can be reviewed as well as the tool to identify potentially affected Making impact on the general public. These factors facilities with asphalt processing and/or In this section, we describe the can then be weighed in each individual case. asphalt roofing manufacturing analyses performed to support the This approach complies with the Vinyl operations that are subject to the Chloride mandate that the Administrator proposed decisions for the RTR and ascertain an acceptable level of risk to the NESHAP. The ECHO database provides other issues addressed in this proposal. public by employing his expertise to assess integrated compliance and enforcement A. How do we consider risk in our available data. It also complies with the information for approximately 800,000 Congressional intent behind the CAA, which regulated facilities nationwide. decision making? did not exclude the use of any particular The 2014 National Emissions As discussed in section II.A of this measure of public health risk from the EPA’s Inventory (NEI) database provided preamble and in the Benzene NESHAP, consideration with respect to CAA section facility-specific data and MACT in evaluating and developing standards 112 regulations, and thereby implicitly category data that were used with the under CAA section 112(f)(2), we apply permits consideration of any and all measures of health risk which the information received through the CAA a two-step approach to determine Administrator, in his judgment, believes are section 114 request described in section whether or not risks are acceptable and appropriate to determining what will ‘protect II.C of this preamble to develop the to determine if the standards provide an the public health’. ample margin of safety to protect public modeling input file for the risk See 54 FR 38057, September 14, 1989. health. As explained in the Benzene assessment. The NEI is a database that Thus, the level of the MIR is only one NESHAP, ‘‘the first step judgment on contains information about sources that factor to be weighed in determining acceptability cannot be reduced to any emit criteria air pollutants, their acceptability of risk. The Benzene single factor’’ and, thus, ‘‘[t]he precursors, and HAP. The database NESHAP explained that ‘‘an MIR of Administrator believes that the includes estimates of annual air approximately one in 10 thousand acceptability of risk under section 112 is pollutant emissions from point, should ordinarily be the upper end of best judged on the basis of a broad set nonpoint, and mobile sources in the 50 the range of acceptability. As risks of health risk measures and states, the District of Columbia, Puerto increase above this benchmark, they information.’’ 54 FR 38046, September Rico, and the U.S. Virgin Islands. The become presumptively less acceptable 14, 1989. Similarly, with regard to the EPA collects this information and under CAA section 112, and would be ample margin of safety determination, releases an updated version of the NEI weighed with the other health risk ‘‘the Agency again considers all of the database every 3 years. The NEI measures and information in making an includes information necessary for health risk and other health information conducting risk modeling, including considered in the first step. Beyond that 2 The MIR is defined as the cancer risk associated annual HAP emissions estimates from information, additional factors relating with a lifetime of exposure at the highest individual emission points at facilities to the appropriate level of control will concentration of HAP where people are likely to and the related emissions release also be considered, including cost and live. The HQ is the ratio of the potential exposure to the HAP to the level at or below which no parameters. economic impacts of controls, adverse chronic noncancer effects are expected; the In conducting the technology review, technological feasibility, uncertainties, HI is the sum of HQs for HAP that affect the same we examined information in the and any other relevant factors.’’ Id. target organ or organ system.

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overall judgment on acceptability. Or, concentrations and contributions from and considered during development of the Agency may find, in a particular other sources in the area.’’ 3 the original MACT standards; case, that a risk that includes an MIR In response to the SAB • Any improvements in add-on less than the presumptively acceptable recommendations, the EPA incorporates control technology or other equipment level is unacceptable in the light of cumulative risk analyses into its RTR (that were identified and considered other health risk factors.’’ Id. at 38045. risk assessments, including those during development of the original Similarly, with regard to the ample reflected in this proposal. The Agency MACT standards) that could result in margin of safety analysis, the EPA stated (1) conducts facility-wide assessments, additional emissions reduction; in the Benzene NESHAP that: ‘‘EPA which include source categories • Any work practice or operational believes the relative weight of the many emission points, as well as other procedure that was not identified or factors that can be considered in emission points within the facilities; (2) considered during development of the combines exposures from multiple original MACT standards; selecting an ample margin of safety can • only be determined for each specific sources in the same category that could Any process change or pollution source category. This occurs mainly affect the same individuals; and (3) for prevention alternative that could be because technological and economic some persistent and bioaccumulative broadly applied to the industry and that factors (along with the health-related pollutants, analyzes the ingestion route was not identified or considered during factors) vary from source category to of exposure. In addition, the RTR risk development of the original MACT assessments consider aggregate cancer standards; and source category.’’ Id. at 38061. We also • consider the uncertainties associated risk from all carcinogens and aggregated Any significant changes in the cost with the various risk analyses, as noncancer HQs for all noncarcinogens (including cost effectiveness) of discussed earlier in this preamble, in affecting the same target organ or target applying controls (including controls our determinations of acceptability and organ system. the EPA considered during the ample margin of safety. Although we are interested in placing development of the original MACT The EPA notes that it has not source categories and facility-wide HAP standards). In addition to reviewing the practices, considered certain health information to risk in the context of total HAP risk processes, and control technologies that date in making residual risk from all sources combined in the were considered at the time we determinations. At this time, we do not vicinity of each source, we are originally developed (or last updated) attempt to quantify the HAP risk that concerned about the uncertainties of the NESHAP, we review a variety of may be associated with emissions from doing so. Estimates of total HAP risk data sources in our investigation of other facilities that do not include the from emission sources other than those potential practices, processes, or source categories under review, mobile that we have studied in depth during controls to consider. See sections II.C source emissions, natural source this RTR review would have significantly greater associated and II.D of this preamble for information emissions, persistent environmental uncertainties than the source categories on the specific data sources that were pollution, or atmospheric or facility-wide estimates. Such reviewed as part of the technology transformation in the vicinity of the aggregate or cumulative assessments review. sources in the categories. would compound those uncertainties, The EPA understands the potential C. How do we estimate post-MACT risk making the assessments too unreliable. importance of considering an posed by the source categories? individual’s total exposure to HAP in B. How do we perform the technology In this section, we provide a complete addition to considering exposure to review? description of the types of analyses that HAP emissions from the source category Our technology review focuses on the we generally perform during the risk and facility. We recognize that such identification and evaluation of assessment process. In some cases, we consideration may be particularly developments in practices, processes, do not perform a specific analysis important when assessing noncancer and control technologies that have because it is not relevant. For example, risk, where pollutant-specific exposure occurred since the MACT standards in the absence of emissions of HAP health reference levels (e.g., reference were promulgated. Where we identify known to be persistent and concentrations (RfCs)) are based on the such developments, we analyze their bioaccumulative in the environment assumption that thresholds exist for technical feasibility, estimated costs, (PB–HAP), we would not perform a adverse health effects. For example, the energy implications, and non-air multipathway exposure assessment. EPA recognizes that, although exposures environmental impacts. We also Where we do not perform an analysis, attributable to emissions from a source consider the emission reductions we state that we do not and provide the category or facility alone may not associated with applying each reason. While we present all of our risk indicate the potential for increased risk development. This analysis informs our assessment methods, we only present of adverse noncancer health effects in a decision of whether it is ‘‘necessary’’ to risk assessment results for the analyses population, the exposures resulting revise the emissions standards. In actually conducted (see section IV.A of from emissions from the facility in addition, we consider the this preamble). combination with emissions from all of appropriateness of applying controls to The EPA conducts a risk assessment the other sources (e.g., other facilities) to new sources versus retrofitting existing that provides estimates of the MIR for which an individual is exposed may be sources. For this exercise, we consider cancer posed by the HAP emissions sufficient to result in an increased risk any of the following to be a from each source in the source of adverse noncancer health effects. In ‘‘development’’: categories, the HI for chronic exposures May 2010, the Science Advisory Board • Any add-on control technology or to HAP with the potential to cause (SAB) advised the EPA ‘‘that RTR other equipment that was not identified noncancer health effects, and the HQ for assessments will be most useful to acute exposures to HAP with the decision makers and communities if 3 Recommendations of the SAB RTR Panel are potential to cause noncancer health results are presented in the broader provided in their report, which is available at: https://yosemite.epa.gov/sab/sabproduct.nsf/ effects. The assessment also provides context of aggregate and cumulative 4AB3966E263D943A8525771F00668381/$File/EPA- estimates of the distribution of cancer risks, including background SAB-10-007-unsigned.pdf. risk within the exposed populations,

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cancer incidence, and an evaluation of After we determined which emissions national emission standards. We also the potential for an adverse sources were part of the source category, explained that it is reasonable to environmental effect. The seven we then examined all the NEI records consider actual emissions, where such sections that follow this paragraph (excluding non-source category records) data are available, in both steps of the describe how we estimated emissions and developed lists of HAP that were risk analysis, in accordance with the and conducted the risk assessment. The reported, and, thus, expected to be Benzene NESHAP approach. (54 FR docket for this rulemaking contains the emitted, for each emission process 38044, September 14, 1989.) following document, which provides group in the source category. Using the more information on the risk assessment emissions data from this analysis, we The Asphalt Processing and Asphalt inputs and models: Residual Risk created speciation profiles to gap-fill Roofing Manufacturing NESHAP Assessment for the Asphalt Processing missing HAP emissions data for facility- specifies performance standards (i.e., a and Asphalt Roofing Manufacturing specific records. THC percent reduction or combustion Source Categories in Support of the As part of the CAA section 114 efficiency requirement) for blowing 2018 Risk and Technology Review request (see section II.C of this stills, asphalt loading racks, and asphalt Proposed Rule. The methods used to preamble), the EPA asked companies to storage tanks at existing, new, and assess risk (as described in the seven review (and revise, if necessary) the reconstructed asphalt processing primary steps below) are consistent with NEI-based data described above, facilities; asphalt storage tanks at those described by the EPA in the including emission values, emission existing asphalt roofing manufacturing document reviewed by a panel of the release point parameters, coordinates, lines; and coaters, saturators, wet EPA’s SAB in 2009; 4 and described in and emission process group loopers, coating mixers, sealant and the SAB review report issued in 2010. assignments. We used all this adhesive applicators, and asphalt They are also consistent with the key information to reevaluate our emission storage tanks at new and reconstructed recommendations contained in that process group assignments for each NEI asphalt roofing manufacturing lines. record in the modeling file. We also report. Consequently, the MACT-allowable used this information to update emissions for all of these emission 1. How did we estimate actual emission release point parameter data. emissions and identify the emissions In other words, we used the CAA sources are assumed to be equal to the release characteristics? section 114 response data wherever actual emissions. For coating mixers, For each facility that we determined possible (in lieu of the data we saturators, coaters, sealant applicators, to be subject to the MACT standards established using the NEI and gap fill and adhesive applicators at existing (see section II.B of this preamble), we procedures), unless it failed certain asphalt roofing manufacturing lines, the gathered emissions data from Version 1 quality assurance checks. NESHAP specifies a production-based of the 2014 NEI. For each NEI record, For further details on the assumptions MACT-allowable limit (i.e., 0.08 pounds we reviewed the source classification and methodologies used to estimate PM per ton of asphalt shingle or code and emission unit and process actual emissions and identify the mineral-surfaced roll roofing produced descriptions, and then assigned the emissions release characteristics, see basis), but allows owners and operators record to an emission source type Appendix 1 of the Residual Risk of these emissions sources the regulated by the MACT standards (i.e., Assessment for the Asphalt Processing alternative of complying with the each record identified as an affected and Asphalt Roofing Manufacturing performance-based standards applicable source at each facility was labeled Source Categories in Support of the to new and reconstructed asphalt adhesive/sealant applicator equipment, 2018 Risk and Technology Review roofing manufacturing lines. Based on asphalt loading rack, asphalt storage Proposed Rule in Docket ID No. EPA– responses received from the CAA HQ–OAR–2017–0662. tank, blowing still, coater, or coating section 114 request (see section II.C of mixer) or an emission source type not 2. How did we estimate MACT- this preamble), most facilities use regulated by the MACT standards (i.e., allowable emissions? combustion controls to meet the each record that was not identified as an affected source at each facility was The available emissions data in the alternative performance-based standards labeled non-source category type). The RTR emissions dataset include estimates for existing coating mixers, saturators, non-source category type emissions of the mass of HAP emitted during a coaters, sealant applicators, and sources are units or processes that are specified annual time period. These adhesive applicators, rather than co-located at one or more of the asphalt ‘‘actual’’ emission levels are often lower complying with the numerical processing or asphalt roofing than the emission levels allowed under production-based standard. Therefore, manufacturing facilities, but are not part the requirements of the current MACT we decided to treat the performance- of the Asphalt Processing and Asphalt standards. The emissions allowed under based standard as the applicable Roofing Manufacturing source the MACT standards are referred to as standard and used the actual emission categories. For example, some of these the ‘‘MACT-allowable’’ emissions. We levels as a reasonable estimation of the asphalt affected sources are co-located discussed the consideration of both MACT-allowable emissions levels for with petroleum refinery operations that MACT-allowable and actual emissions these emission sources. in the final Coke Oven Batteries RTR (70 are part of a different source category For further details on the assumptions (i.e., Petroleum Refineries) which are FR 19998–19999, April 15, 2005) and in the proposed and final Hazardous and methodologies used to estimate regulated by different NESHAP (i.e., 40 MACT-allowable emissions, see CFR part 63, subparts CC and UUU). Organic NESHAP RTR (71 FR 34428, June 14, 2006, and 71 FR 76609, Appendix 1 of the Residual Risk Assessment for the Asphalt Processing 4 U.S. EPA. Risk and Technology Review (RTR) December 21, 2006, respectively). In Risk Assessment Methodologies: For Review by the those actions, we noted that assessing and Asphalt Roofing Manufacturing EPA’s Science Advisory Board with Case Studies— the risk at the MACT-allowable level is Source Categories in Support of the MACT I Petroleum Refining Sources and Portland 2018 Risk and Technology Review Cement Manufacturing, June 2009. EPA–452/R–09– inherently reasonable since that risk 006. https://www3.epa.gov/airtoxics/rrisk/ reflects the maximum level facilities Proposed Rule, in Docket ID No. EPA– rtrpg.html. could emit and still comply with HQ–OAR–2017–0662.

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3. How do we conduct dispersion nearby census block centroid located by the modeled facility. We estimate modeling, determine inhalation within 50 km of the facility are a cancer risk at every census block within exposures, and estimate individual and surrogate for the chronic inhalation 50 km of every facility in the source population inhalation risk? exposure concentration for all the categories. The MIR is the highest Both long-term and short-term people who reside in that census block. individual lifetime cancer risk estimated inhalation exposure concentrations and A distance of 50 km is consistent with for any of those census blocks. In health risk from the source categories both the analysis supporting the 1989 addition to calculating the MIR, we addressed in this proposal were Benzene NESHAP (54 FR 38044, estimate the distribution of individual estimated using the Human Exposure September 14, 1989) and the limitations cancer risks for the source categories by Model (HEM–3).5 The HEM–3 performs of Gaussian dispersion models, summing the number of individuals three primary risk assessment activities: including AERMOD. within 50 km of the sources whose (1) Conducting dispersion modeling to For each facility, we calculate the MIR estimated risk falls within a specified estimate the concentrations of HAP in as the cancer risk associated with a risk range. We also estimate annual continuous lifetime (24 hours per day, ambient air, (2) estimating long-term cancer incidence by multiplying the 7 days per week, 52 weeks per year, 70 and short-term inhalation exposures to estimated lifetime cancer risk at each years) exposure to the maximum individuals residing within 50 census block by the number of people concentration at the centroid of each kilometers (km) of the modeled sources, residing in that block, summing results inhabited census block. We calculate and (3) estimating individual and for all of the census blocks, and then individual cancer risk by multiplying population-level inhalation risk using dividing this result by a 70-year the estimated lifetime exposure to the the exposure estimates and quantitative lifetime. ambient concentration of each HAP (in To assess the risk of noncancer health dose-response information. micrograms per cubic meter) by its unit effects from chronic exposure to HAP, a. Dispersion Modeling risk estimate (URE). The URE is an we calculate either an HQ or a target The air dispersion model AERMOD, upper-bound estimate of an individual’s organ-specific hazard index (TOSHI). used by the HEM–3 model, is one of the incremental risk of contracting cancer We calculate an HQ when a single EPA’s preferred models for assessing air over a lifetime of exposure to a noncancer HAP is emitted. Where more pollutant concentrations from industrial concentration of 1 microgram of the than one noncancer HAP is emitted, we facilities.6 To perform the dispersion pollutant per cubic meter of air. For sum the HQ for each of the HAP that modeling and to develop the residual risk assessments, we generally affects a common target organ or target preliminary risk estimates, HEM–3 use UREs from EPA’s Integrated Risk organ system to obtain a TOSHI. The draws on three data libraries. The first Information System (IRIS). For HQ is the estimated exposure divided is a library of meteorological data, carcinogenic pollutants without IRIS by the chronic noncancer dose-response which is used for dispersion values, we look to other reputable value, which is a value selected from sources of cancer dose-response values, calculations. This library includes 1 one of several sources. The preferred often using California EPA (CalEPA) chronic noncancer dose-response value year (2016) of hourly surface and upper UREs, where available. In cases where is the EPA RfC, defined as ‘‘an estimate air observations from 824 new, scientifically credible dose- (with uncertainty spanning perhaps an meteorological stations, selected to response values have been developed in order of magnitude) of a continuous provide coverage of the United States a manner consistent with EPA inhalation exposure to the human and Puerto Rico. A second library of guidelines and have undergone a peer population (including sensitive United States Census Bureau census review process similar to that used by subgroups) that is likely to be without block 7 internal point locations and the EPA, we may use such dose- an appreciable risk of deleterious effects populations provides the basis of response values in place of, or in during a lifetime’’ (https:// human exposure calculations (U.S. addition to, other values, if appropriate. iaspub.epa.gov/sor_internet/registry/ Census, 2010). In addition, for each The pollutant-specific dose-response termreg/searchandretrieve/ census block, the census library values used to estimate health risk are glossariesandkeywordlists/ includes the elevation and controlling available at https://www.epa.gov/fera/ search.do?details= hill height, which are also used in dose-response-assessment-assessing- &vocabName=IRIS%20Glossary). In dispersion calculations. A third library health-risks-associated-exposure- cases where an RfC from the EPA’s IRIS of pollutant-specific dose-response hazardous-air-pollutants. is not available or where the EPA values is used to estimate health risk. To estimate individual lifetime cancer determines that using a value other than These are discussed below. risks associated with exposure to HAP the RfC is appropriate, the chronic b. Risk From Chronic Exposure to HAP emissions from each facility in the noncancer dose-response value can be a source categories, we sum the risks for In developing the risk assessment for value from the following prioritized each of the carcinogenic HAP 8 emitted sources, which define their dose- chronic exposures, we use the estimated response values similarly to the EPA: (1) annual average ambient air 8 The EPA’s 2005 Guidelines for Carcinogen Risk The Agency for Toxic Substances and concentrations of each HAP emitted by Assessment classifies carcinogens as: ‘‘carcinogenic Disease Registry (ATSDR) Minimum each source in the source categories. to humans,’’ ‘‘likely to be carcinogenic to humans,’’ Risk Level (https://www.atsdr.cdc.gov/ The HAP air concentrations at each and ‘‘suggestive evidence of carcinogenic potential.’’ These classifications also coincide with the terms ‘‘known carcinogen, probable carcinogen, deid=20533&CFID=70315376&CFTOKEN= 5 For more information about HEM–3, go to and possible carcinogen,’’ respectively, which are 71597944. Summing the risk of these individual https://www.epa.gov/fera/risk-assessment-and- the terms advocated in The EPA’s Guidelines for compounds to obtain the cumulative cancer risk is modeling-human-exposure-model-hem. Carcinogen Risk Assessment, published in 1986 (51 an approach that was recommended by the EPA’s 6 U.S. EPA. Revision to the Guideline on Air FR 33992, September 24, 1986). In August 2000, the SAB in their 2002 peer review of EPA’s National Quality Models: Adoption of a Preferred General document, Supplemental Guidance for Conducting Air Toxics Assessment (NATA) titled NATA— Purpose (Flat and Complex Terrain) Dispersion Health Risk Assessment of Chemical Mixtures Evaluating the National-scale Air Toxics Model and Other Revisions (70 FR 68218, (EPA/630/R–00/002), was published as a Assessment 1996 Data—an SAB Advisory, available November 9, 2005). supplement to the 1986 document. Copies of both at https://yosemite.epa.gov/sab/sabproduct.nsf/ 7 A census block is the smallest geographic area documents can be obtained from https:// 214C6E915BB04E14852570CA007A682C/$File/ for which census statistics are tabulated. cfpub.epa.gov/ncea/risk/recordisplay.cfm? ecadv02001.pdf.

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mrls/index.asp); (2) the CalEPA Chronic Acute RELs are based on the most 1. The ERPG–1 is defined as ‘‘the Reference Exposure Level (REL) (https:// sensitive, relevant, adverse health effect maximum airborne concentration below oehha.ca.gov/air/crnr/notice-adoption- reported in the peer-reviewed medical which it is believed that nearly all air-toxics-hot-spots-program-guidance- and toxicological literature. They are individuals could be exposed for up to manual-preparation-health-risk-0); or designed to protect the most sensitive 1 hour without experiencing other than (3) as noted above, a scientifically individuals in the population through mild transient adverse health effects or credible dose-response value that has the inclusion of margins of safety. without perceiving a clearly defined, been developed in a manner consistent Because margins of safety are objectionable odor.’’ Id. at 2. Similarly, with the EPA guidelines and has incorporated to address data gaps and the ERPG–2 is defined as ‘‘the undergone a peer review process similar uncertainties, exceeding the REL does maximum airborne concentration below to that used by the EPA. The pollutant- not automatically indicate an adverse which it is believed that nearly all specific dose-response values used to health impact. AEGLs represent individuals could be exposed for up to estimate health risks are available at threshold exposure limits for the general 1 hour without experiencing or https://www.epa.gov/fera/dose- public and are applicable to emergency developing irreversible or other serious response-assessment-assessing-health- exposures ranging from 10 minutes to 8 health effects or symptoms which could risks-associated-exposure-hazardous- hours.11 They are guideline levels for impair an individual’s ability to take air-pollutants. ‘‘once-in-a-lifetime, short-term protective action.’’ Id. at 1. An acute REL for 1-hour exposure c. Risk From Acute Exposure to HAP exposures to airborne concentrations of acutely toxic, high-priority chemicals.’’ durations is typically lower than its That May Cause Health Effects Other corresponding AEGL–1 and ERPG–1. Than Cancer Id. at 21. The AEGL–1 is specifically defined as ‘‘the airborne concentration Even though their definitions are For each HAP for which appropriate (expressed as ppm (parts per million) or slightly different, AEGL–1s are often the acute inhalation dose-response values mg/m3 (milligrams per cubic meter)) of same as the corresponding ERPG–1s, are available, the EPA also assesses the a substance above which it is predicted and AEGL–2s are often equal to ERPG– potential health risks due to acute that the general population, including 2s. The maximum HQs from our acute exposure. For these assessments, the susceptible individuals, could inhalation screening risk assessment EPA makes conservative assumptions experience notable discomfort, typically result when we use the acute about emission rates, meteorology, and irritation, or certain asymptomatic REL for a HAP. In cases where the exposure location. We use the peak maximum acute HQ exceeds 1, we also 9 nonsensory effects. However, the effects hourly emission rate, worst-case are not disabling and are transient and report the HQ based on the next highest dispersion conditions, and, in reversible upon cessation of exposure.’’ acute dose-response value (usually the accordance with our mandate under The document also notes that ‘‘Airborne AEGL–1 and/or the ERPG–1). section 112 of the CAA, the point of concentrations below AEGL–1 represent For the acute inhalation risk highest off-site exposure to assess the exposure levels that can produce mild assessment of the Asphalt Processing potential risk to the maximally exposed and Asphalt Roofing Manufacturing and progressively increasing but individual. source categories, we did not always use transient and nondisabling odor, taste, To characterize the potential health the default acute emissions multiplier of and sensory irritation or certain risks associated with estimated acute 10. For approximately 65 percent of the asymptomatic, nonsensory effects.’’ Id. inhalation exposures to a HAP, we modeling file records, we used facility- AEGL–2 are defined as ‘‘the airborne generally use multiple acute dose- specific maximum (i.e., acute) hourly concentration (expressed as parts per response values, including acute RELs, emissions from the responses to the million or milligrams per cubic meter) acute exposure guideline levels CAA section 114 request (see section of a substance above which it is (AEGLs), and emergency response II.C of this preamble) because these data predicted that the general population, planning guidelines (ERPG) for 1-hour were available. For the remaining exposure durations, if available, to including susceptible individuals, could records (excluding asphalt storage calculate acute HQs. The acute HQ is experience irreversible or other serious, tanks), we applied the default acute calculated by dividing the estimated long-lasting adverse health effects or an emissions multiplier of 10. For asphalt acute exposure by the acute dose- impaired ability to escape.’’ Id. storage tanks, we applied a multiplier of ERPGs are ‘‘developed for emergency response value. For each HAP for which four. A further discussion of why these planning and are intended as health- acute dose-response values are factors were chosen can be found in based guideline concentrations for available, the EPA calculates acute HQs. Appendix 1 of Residual Risk single exposures to chemicals.’’ 12 Id. at An acute REL is defined as ‘‘the Assessment for the Asphalt Processing concentration level at or below which and Asphalt Roofing Manufacturing Spots Program Risk Assessment Guidelines, Part I, no adverse health effects are anticipated The Determination of Acute Reference Exposure Source Categories in Support of the 10 for a specified exposure duration.’’ Levels for Airborne Toxicants, which is available at 2018 Risk and Technology Review https://oehha.ca.gov/air/general-info/oehha-acute- Proposed Rule, in Docket ID No. EPA– 9 In the absence of hourly emission data, we 8-hour-and-chronic-reference-exposure-level-rel- HQ–OAR–2017–0662. develop estimates of maximum hourly emission summary. In our acute inhalation screening risk rates by multiplying the average actual annual 11 National Academy of Sciences, 2001. Standing emissions rates by a factor (either a category- Operating Procedures for Developing Acute assessment, acute impacts are deemed specific factor or a default factor of 10) to account Exposure Levels for Hazardous Chemicals, page 2. negligible for HAP for which acute HQs for variability. This is documented in Residual Risk Available at https://www.epa.gov/sites/production/ are less than or equal to 1 (even under _ _ _ Assessment for the Asphalt Processing and Asphalt files/2015-09/documents/sop final standing the conservative assumptions of the Roofing Manufacturing Source Categories in operating_procedures_2001.pdf. Note that the Support of the 2018 Risk and Technology Review National Advisory Committee for Acute Exposure screening assessment), and no further Proposed Rule and in Appendix 5 of the report: Guideline Levels for Hazardous Substances ended Analysis of Data on Short-term Emission Rates in October 2011, but the AEGL program continues Available at: https://www.aiha.org/get-involved/ Relative to Long-term Emission Rates. Both are to operate at the EPA and works with the National AIHAGuidelineFoundation/EmergencyResponse available in the docket for this rulemaking. Academies to publish final AEGLs (https:// PlanningGuidelines/Documents/ 10 CalEPA issues acute RELs as part of its Air www.epa.gov/aegl). ERPG%20Committee%20Standard%20Operating Toxics Hot Spots Program, and the 1-hour and 8- 12 ERPGS Procedures and Responsibilities. March %20Procedures%20%20-%20March%202014%20 hour values are documented in Air Toxics Hot 2014. American Industrial Hygiene Association. Revision%20%28Updated%2010-2-2014%29.pdf.

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analysis is performed for these HAP. In conservative list for inclusion in There are several analyses that can be cases where an acute HQ from the multipathway risk assessments for RTR included in a Tier 3 screening screening step is greater than 1, we rules. (See Volume 1, Appendix D at assessment, depending upon the extent consider additional site-specific data to https://www.epa.gov/sites/production/ of refinement warranted, including develop a more refined estimate of the files/201308/documents/volume_1_ validating that the lakes are fishable, potential for acute exposures of concern. reflibrary.pdf.) In this assessment, we considering plume-rise to estimate For these source categories, the data compare the facility-specific emission emissions lost above the mixing layer, refinements employed consisted of rates of these PB–HAP to the screening and considering hourly effects of ensuring the locations where the threshold emission rates for each PB– meteorology and plume rise on maximum HQ occurred were off facility HAP to assess the potential for chemical fate and transport. If the Tier property and where the public could significant human health risks via the 3 screening assessment indicates that potentially be exposed. These ingestion pathway. We call this risks above levels of concern cannot be refinements are discussed more fully in application of the TRIM.FaTE model the ruled out, the EPA may further refine the Residual Risk Assessment for the Tier 1 screening assessment. The ratio of the screening assessment through a site- Asphalt Processing and Asphalt Roofing a facility’s actual emission rate to the specific assessment. Manufacturing Source Categories in Tier 1 screening threshold emission rate In evaluating the potential Support of the 2018 Risk and is a ‘‘screening value.’’ multipathway risk from emissions of Technology Review Proposed Rule, We derive the Tier 1 screening lead compounds, rather than developing which is available in the docket for this threshold emission rates for these PB– a screening threshold emission rate, we action. HAP (other than lead compounds) to compare maximum estimated chronic correspond to a maximum excess inhalation exposure concentrations to 4. How do we conduct the lifetime cancer risk of 1-in-1 million the level of the current National multipathway exposure and risk (i.e., for arsenic compounds, Ambient Air Quality Standard (NAAQS) screening assessment? polychlorinated dibenzodioxins and for lead.13 Values below the level of the The EPA conducted a tiered screening furans, and POM) or, for HAP that cause primary (health-based) lead NAAQS are assessment examining the potential for noncancer health effects (i.e., cadmium considered to have a low potential for significant human health risks due to compounds and mercury compounds), a multipathway risk. exposures via routes other than maximum HQ of 1. If the emission rate For further information on the inhalation (i.e., ingestion). We first of any one PB–HAP or combination of multipathway assessment approach, see determined whether any sources in the carcinogenic PB–HAP in the Tier 1 the Residual Risk Assessment for the source categories emitted any PB–HAP, screening assessment exceeds the Tier 1 Asphalt Processing and Asphalt Roofing as identified in EPA’s Air Toxics Risk screening threshold emission rate for Manufacturing Source Categories in Assessment Library (See Volume 1, any facility (i.e., the screening value is Support of the 2018 Risk and Appendix D, at https://www2.epa.gov/ greater than 1), we conduct a second Technology Review Proposed Rule, fera/risk-assessment-and-modeling-air- screening assessment, which we call the which is available in the docket for this toxics-risk-assessment-reference- Tier 2 screening assessment. action. library). In the Tier 2 screening assessment, 5. How do we conduct the For the Asphalt Processing and the location of each facility that exceeds environmental risk screening Asphalt Roofing Manufacturing source a Tier 1 screening threshold emission assessment? categories, we identified PB–HAP rate is used to refine the assumptions emissions of cadmium compounds, lead associated with the Tier 1 fisher and a. Adverse Environmental Effects, compounds, mercury compounds, and farmer exposure scenarios at that Environmental HAP, and Ecological polycyclic organic matter (POM) (of facility. A key assumption in the Tier 1 Benchmarks which polycyclic aromatic screening assessment is that a lake and/ The EPA conducts a screening hydrocarbons is a subset), so we or farm is located near the facility. As assessment to examine the potential for proceeded to the next step of the part of the Tier 2 screening assessment, an adverse environmental effect as evaluation. In this step, we determined we use a U.S. Geological Survey (USGS) required under section 112(f)(2)(A) of whether the facility-specific emission database to identify actual waterbodies the CAA. Section 112(a)(7) of the CAA rates of the emitted PB–HAP were large within 50 km of each facility. We also defines ‘‘adverse environmental effect’’ enough to create the potential for examine the differences between local as ‘‘any significant and widespread significant human health risk through meteorology near the facility and the adverse effect, which may reasonably be ingestion under reasonable worst-case meteorology used in the Tier 1 anticipated, to wildlife, aquatic life, or conditions. To facilitate this step, we screening assessment. We then adjust other natural resources, including used previously developed screening the previously-developed Tier 1 threshold emission rates for several PB– screening threshold emission rates for 13 In doing so, the EPA notes that the legal HAP that are based on a hypothetical each PB–HAP for each facility based on standard for a primary NAAQS—that a standard is upper-end screening exposure scenario an understanding of how exposure requisite to protect public health and provide an developed for use in conjunction with concentrations estimated for the adequate margin of safety (CAA section 109(b))— differs from the CAA section 112(f) standard the EPA’s Total Risk Integrated screening scenario change with the use (requiring, among other things, that the standard Methodology. Fate, Transport, and of local meteorology and USGS provide an ‘‘ample margin of safety to protect Ecological Exposure (TRIM.FaTE) waterbody data. If the PB–HAP emission public health’’). However, the primary lead NAAQS model. The PB–HAP with screening rates for a facility exceed the Tier 2 is a reasonable measure of determining risk acceptability (i.e., the first step of the Benzene threshold emission rates are arsenic screening threshold emission rates and NESHAP analysis) since it is designed to protect the compounds, cadmium compounds, data are available, we may conduct a most susceptible group in the human population— chlorinated dibenzodioxins and furans, Tier 3 screening assessment. If PB–HAP children, including children living near major lead mercury compounds, and POM. Based emission rates do not exceed a Tier 2 emitting sources. 73 FR 67002/3; 73 FR 67000/3; 73 FR 67005/1. In addition, applying the level of the on the EPA estimates of toxicity and screening value of 1, we consider those primary lead NAAQS at the risk acceptability step bioaccumulation potential, the PB–HAP emissions to pose risks below is conservative, since that primary lead NAAQS pollutants above represent a a level of concern. reflects an adequate margin of safety.

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adverse impacts on populations of Technology Review Proposed Rule, For the water, sediment, and fish tissue endangered or threatened species or which is available in the docket for this concentrations, the highest value for significant degradation of action. each facility for each pollutant is used. environmental quality over broad If emission concentrations from a b. Environmental Risk Screening areas.’’ facility do not exceed the Tier 2 Methodology The EPA focuses on eight HAP, which screening threshold emission rate, the are referred to as ‘‘environmental HAP,’’ For the environmental risk screening facility ‘‘passes’’ the screening in its screening assessment: Six PB– assessment, the EPA first determined assessment and typically is not HAP and two acid gases. The PB–HAP whether any facilities in the Asphalt evaluated further. If emissions from a included in the screening assessment Processing and Asphalt Roofing facility exceed the Tier 2 screening are arsenic compounds, cadmium Manufacturing source categories emitted threshold emission rate, we evaluate the compounds, dioxins/furans, POM, any of the environmental HAP. For the facility further in Tier 3. mercury (both inorganic mercury and Asphalt Processing and Asphalt Roofing As in the multipathway human health methyl mercury), and lead compounds. Manufacturing source categories, we risk assessment, in Tier 3 of the The acid gases included in the screening identified emissions of cadmium environmental screening assessment, we assessment are HCl and hydrogen compounds, HCl, lead, mercury, and examine the suitability of the lakes fluoride (HF). POM. Because one or more of the around the facilities to support life and HAP that persist and bioaccumulate environmental HAP evaluated are remove those that are not suitable (e.g., are of particular environmental concern emitted by at least one facility in the lakes that have been filled in or are because they accumulate in the soil, source categories, we proceeded to the industrial ponds), adjust emissions for sediment, and water. The acid gases, second step of the evaluation. plume-rise, and conduct hour-by-hour HCl and HF, are included due to their c. PB–HAP Methodology time-series assessments. If these Tier 3 well-documented potential to cause adjustments to the screening threshold direct damage to terrestrial plants. In the The environmental screening emission rates still indicate the environmental risk screening assessment includes six PB–HAP, potential for an adverse environmental assessment, we evaluate the following arsenic compounds, cadmium effect (i.e., facility emission rate exceeds four exposure media: Terrestrial soils, compounds, dioxins/furans, POM, the screening threshold emission rate), surface water bodies (includes water- mercury (both inorganic mercury and we may elect to conduct a more refined column and benthic sediments), fish methyl mercury), and lead compounds. assessment using more site-specific consumed by wildlife, and air. Within With the exception of lead, the information. If, after additional these four exposure media, we evaluate environmental risk screening refinement, the facility emission rate nine ecological assessment endpoints, assessment for PB–HAP consists of three still exceeds the screening threshold which are defined by the ecological tiers. The first tier of the environmental emission rate, the facility may have the entity and its attributes. For PB–HAP risk screening assessment uses the same potential to cause an adverse (other than lead), both community-level health-protective conceptual model that environmental effect. and population-level endpoints are is used for the Tier 1 human health To evaluate the potential for an included. For acid gases, the ecological screening assessment. TRIM.FaTE adverse environmental effect from lead, assessment evaluated is terrestrial plant model simulations were used to back- we compared the average modeled air communities. calculate Tier 1 screening threshold concentrations (from HEM–3) of lead An ecological benchmark represents a emission rates. The screening threshold around each facility in the source concentration of HAP that has been emission rates represent the emission categories to the level of the secondary linked to a particular environmental rate in tpy that results in media NAAQS for lead. The secondary lead effect level. For each environmental concentrations at the facility that equal NAAQS is a reasonable means of HAP, we identified the available the relevant ecological benchmark. To evaluating environmental risk because it ecological benchmarks for each assess emissions from each facility in is set to provide substantial protection assessment endpoint. We identified, the category, the reported emission rate against adverse welfare effects which where possible, ecological benchmarks for each PB–HAP was compared to the can include ‘‘effects on soils, water, at the following effect levels: Probable Tier 1 screening threshold emission rate crops, vegetation, man-made materials, effect levels, lowest-observed-adverse- for that PB–HAP for each assessment animals, wildlife, weather, visibility and effect level, and no-observed-adverse- endpoint and effect level. If emissions climate, damage to and deterioration of effect level. In cases where multiple from a facility do not exceed the Tier 1 property, and hazards to transportation, effect levels were available for a screening threshold emission rate, the as well as effects on economic values particular PB–HAP and assessment facility ‘‘passes’’ the screening and on personal comfort and well- endpoint, we use all of the available assessment, and, therefore, is not being.’’ effect levels to help us to determine evaluated further under the screening whether ecological risks exist and, if so, approach. If emissions from a facility d. Acid Gas Environmental Risk whether the risks could be considered exceed the Tier 1 screening threshold Methodology significant and widespread. emission rate, we evaluate the facility The environmental screening For further information on how the further in Tier 2. assessment for acid gases evaluates the environmental risk screening In Tier 2 of the environmental potential phytotoxicity and reduced assessment was conducted, including a screening assessment, the screening productivity of plants due to chronic discussion of the risk metrics used, how threshold emission rates are adjusted to exposure to HF and HCl. The the environmental HAP were identified, account for local meteorology and the environmental risk screening and how the ecological benchmarks actual location of lakes in the vicinity of methodology for acid gases is a single- were selected, see Appendix 9 of the facilities that did not pass the Tier 1 tier screening assessment that compares Residual Risk Assessment for the screening assessment. For soils, we modeled ambient air concentrations Asphalt Processing and Asphalt Roofing evaluate the average soil concentration (from AERMOD) to the ecological Manufacturing Source Categories in for all soil parcels within a 7.5-km benchmarks for each acid gas. To Support of the 2018 Risk and radius for each facility and PB–HAP. identify a potential adverse

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environmental effect (as defined in Residual Risk Assessment for the emission adjustment factor applied to section 112(a)(7) of the CAA) from Asphalt Processing and Asphalt Roofing the average annual hourly emission emissions of HF and HCl, we evaluate Manufacturing Source Categories in rates, which are intended to account for the following metrics: The size of the Support of the 2018 Risk and emission fluctuations due to normal modeled area around each facility that Technology Review Proposed Rule, facility operations. exceeds the ecological benchmark for available through the docket for this b. Uncertainties in Dispersion Modeling each acid gas, in acres and km2; the action, provides the methodology and percentage of the modeled area around results of the facility-wide analyses, We recognize there is uncertainty in each facility that exceeds the ecological including all facility-wide risks and the ambient concentration estimates benchmark for each acid gas; and the percentage of source categories associated with any model, including area-weighted average screening value contribution to facility-wide risks. the EPA’s recommended regulatory around each facility (calculated by dispersion model, AERMOD. In using a 7. How do we consider uncertainties in dividing the area-weighted average model to estimate ambient pollutant risk assessment? concentration over the 50-km modeling concentrations, the user chooses certain domain by the ecological benchmark for Uncertainty and the potential for bias options to apply. For RTR assessments, each acid gas). For further information are inherent in all risk assessments, we select some model options that have on the environmental screening including those performed for this the potential to overestimate ambient air assessment approach, see Appendix 9 of proposal. Although uncertainty exists, concentrations (e.g., not including the Residual Risk Assessment for the we believe that our approach, which plume depletion or pollutant Asphalt Processing and Asphalt Roofing used conservative tools and transformation). We select other model Manufacturing Source Categories in assumptions, ensures that our decisions options that have the potential to Support of the 2018 Risk and are health and environmentally underestimate ambient impacts (e.g., not Technology Review Proposed Rule, protective. A brief discussion of the including building downwash). Other which is available in the docket for this uncertainties in the RTR emissions options that we select have the potential action. dataset, dispersion modeling, inhalation to either under- or overestimate ambient exposure estimates, and dose-response levels (e.g., meteorology and receptor 6. How do we conduct facility-wide relationships follows below. Also locations). On balance, considering the assessments? included are those uncertainties specific directional nature of the uncertainties To put the source categories risks in to our acute screening assessments, commonly present in ambient context, we typically examine the risks multipathway screening assessments, concentrations estimated by dispersion from the entire ‘‘facility,’’ where the and our environmental risk screening models, the approach we apply in the facility includes all HAP-emitting assessments. A more thorough RTR assessments should yield unbiased operations within a contiguous area and discussion of these uncertainties is estimates of ambient HAP under common control. In other words, included in the Residual Risk concentrations. We also note that the we examine the HAP emissions not only Assessment for the Asphalt Processing selection of meteorology dataset from the source categories’ emission and Asphalt Roofing Manufacturing location could have an impact on the points of interest, but also emissions of Source Categories in Support of the risk estimates. As we continue to update HAP from all other emission sources at 2018 Risk and Technology Review and expand our library of the facility for which we have data. For Proposed Rule, which is available in the meteorological station data used in our these source categories, we conducted docket for this action. If a multipathway risk assessments, we expect to reduce the facility-wide assessment using a site-specific assessment was performed this variability. dataset compiled from the 2014 NEI. for these source categories, a full c. Uncertainties in Inhalation Exposure The source category records of that NEI discussion of the uncertainties Assessment dataset were removed, evaluated, and associated with that assessment can be updated as described in section II.C of found in Appendix 11 of that document, Although every effort is made to this preamble: What data collection Site-Specific Human Health identify all of the relevant facilities and activities were conducted to support Multipathway Residual Risk Assessment emission points, as well as to develop this action? Once a quality assured Report. accurate estimates of the annual source category dataset was available, it emission rates for all relevant HAP, the a. Uncertainties in the RTR Emissions was placed back with the remaining uncertainties in our emission inventory Dataset records from the NEI for that facility. likely dominate the uncertainties in the The facility-wide file was then used to Although the development of the RTR exposure assessment. Some analyze risks due to the inhalation of emissions dataset involved quality uncertainties in our exposure HAP that are emitted ‘‘facility-wide’’ for assurance/quality control processes, the assessment include human mobility, the populations residing within 50 km accuracy of emissions values will vary using the centroid of each census block, of each facility, consistent with the depending on the source of the data, the assuming lifetime exposure, and methods used for the source category degree to which data are incomplete or assuming only outdoor exposures. For analysis described above. For these missing, the degree to which most of these factors, there is neither an facility-wide risk analyses, the modeled assumptions made to complete the under nor overestimate when looking at source category risks were compared to datasets are accurate, errors in emission the maximum individual risk or the the facility-wide risks to determine the estimates, and other factors. The incidence, but the shape of the portion of the facility-wide risks that emission estimates considered in this distribution of risks may be affected. could be attributed to the source analysis generally are annual totals for With respect to outdoor exposures, categories addressed in this proposal. certain years, and they do not reflect actual exposures may not be as high if We also specifically examined the short-term fluctuations during the people spend time indoors, especially facility that was associated with the course of a year or variations from year for very reactive pollutants or larger highest estimate of risk and determined to year. The estimates of peak hourly particles. For all factors, we reduce the percentage of that risk attributable to emission rates for the acute effects uncertainty when possible. For the source category of interest. The screening assessment were based on an example, with respect to census-block

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centroids, we analyze large blocks using derive dose-response values that are speaking, HAP of greatest concern due aerial imagery and adjust locations of intended to protect against appreciable to environmental exposures and hazard the block centroids to better represent risk of deleterious effects. are those for which dose-response the population in the blocks. We also Many of the UFs used to account for assessments have been performed, add additional receptor locations where variability and uncertainty in the reducing the likelihood of understating the population of a block is not well development of acute dose-response risk. Further, HAP not included in the represented by a single location. values are quite similar to those quantitative assessment are assessed developed for chronic durations. qualitatively and considered in the risk d. Uncertainties in Dose-Response Additional adjustments are often characterization that informs the risk Relationships applied to account for uncertainty in management decisions, including There are uncertainties inherent in extrapolation from observations at one consideration of HAP reductions the development of the dose-response exposure duration (e.g., 4 hours) to achieved by various control options. values used in our risk assessments for derive an acute dose-response value at For a group of compounds that are cancer effects from chronic exposures another exposure duration (e.g., 1 hour). unspeciated (e.g., glycol ethers), we and noncancer effects from both chronic Not all acute dose-response values are conservatively use the most protective and acute exposures. Some developed for the same purpose, and dose-response value of an individual uncertainties are generally expressed care must be taken when interpreting compound in that group to estimate quantitatively, and others are generally the results of an acute assessment of risk. Similarly, for an individual expressed in qualitative terms. We note, human health effects relative to the compound in a group (e.g., ethylene as a preface to this discussion, a point dose-response value or values being glycol diethyl ether) that does not have on dose-response uncertainty that is exceeded. Where relevant to the a specified dose-response value, we also stated in the EPA’s 2005 Guidelines for estimated exposures, the lack of acute apply the most protective dose-response Carcinogen Risk Assessment; namely, dose-response values at different levels value from the other compounds in the that ‘‘the primary goal of EPA actions is of severity should be factored into the group to estimate risk. risk characterization as potential protection of human health; e. Uncertainties in Acute Inhalation uncertainties. accordingly, as an Agency policy, risk Screening Assessments assessment procedures, including Uncertainty also exists in the default options that are used in the selection of ecological benchmarks for In addition to the uncertainties absence of scientific data to the the environmental risk screening highlighted above, there are several contrary, should be health protective’’ assessment. We established a hierarchy factors specific to the acute exposure (the EPA’s 2005 Guidelines for of preferred benchmark sources to allow assessment that the EPA conducts as part of the risk review under section 112 Carcinogen Risk Assessment, page 1–7). selection of benchmarks for each of the CAA. The accuracy of an acute This is the approach followed here as environmental HAP at each ecological inhalation exposure assessment summarized in the next paragraphs. assessment endpoint. We searched for depends on the simultaneous Cancer UREs used in our risk benchmarks for three effect levels (i.e., occurrence of independent factors that assessments are those that have been no-effects level, threshold-effect level, may vary greatly, such as hourly developed to generally provide an upper and probable effect level), but not all emissions rates, meteorology, and the bound estimate of risk.14 That is, they combinations of ecological assessment/ presence of humans at the location of represent a ‘‘plausible upper limit to the environmental HAP had benchmarks for the maximum concentration. In the true value of a quantity’’ (although this all three effect levels. Where multiple acute screening assessment that we is usually not a true statistical effect levels were available for a particular HAP and assessment conduct under the RTR program, we confidence limit). In some endpoint, we used all of the available assume that peak emissions from the circumstances, the true risk could be as effect levels to help us determine source categories and worst-case low as zero; however, in other whether risk exists and whether the risk meteorological conditions co-occur, circumstances the risk could be could be considered significant and thus, resulting in maximum ambient greater.15 Chronic noncancer RfC and widespread. concentrations. These two events are reference dose values represent chronic Although we make every effort to unlikely to occur at the same time, exposure levels that are intended to be identify appropriate human health effect making these assumptions conservative. health-protective levels. To derive dose- dose-response values for all pollutants We then include the additional response values that are intended to be emitted by the sources in this risk assumption that a person is located at ‘‘without appreciable risk,’’ the assessment, some HAP emitted by these this point during this same time period. methodology relies upon an uncertainty source categories are lacking dose- For these source categories, these factor (UF) approach,16 which considers response assessments. Accordingly, assumptions would tend to be worst- uncertainty, variability, and gaps in the these pollutants cannot be included in case actual exposures, as it is unlikely available data. The UFs are applied to the quantitative risk assessment, which that a person would be located at the could result in quantitative estimates 14 IRIS glossary (https://ofmpub.epa.gov/sor_ point of maximum exposure during the internet/registry/termreg/searchandretrieve/ understating HAP risk. To help to time when peak emissions and worst- glossariesandkeywordlists/search.do? alleviate this potential underestimate, case meteorological conditions occur details=&glossaryName=IRIS%20Glossary). where we conclude similarity with a simultaneously. 15 An exception to this is the URE for benzene, HAP for which a dose-response value is which is considered to cover a range of values, each available, we use that value as a f. Uncertainties in the Multipathway end of which is considered to be equally plausible, surrogate for the assessment of the HAP and Environmental Risk Screening and which is based on maximum likelihood Assessments estimates. for which no value is available. To the 16 See A Review of the Reference Dose and extent use of surrogates indicates For each source categories, we Reference Concentration Processes, U.S. EPA, appreciable risk, we may identify a need generally rely on site-specific levels of December 2002, and Methods for Derivation of Inhalation Reference Concentrations and to increase priority for an IRIS PB–HAP or environmental HAP Application of Inhalation Dosimetry, U.S. EPA, assessment for that substance. We emissions to determine whether a 1994. additionally note that, generally refined assessment of the impacts from

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multipathway exposures is necessary or we refine the model inputs to account (both inorganic and methyl mercury), whether it is necessary to perform an for meteorological patterns in the POM, HCl, and HF. These HAP environmental screening assessment. vicinity of the facility versus using represent pollutants that can cause This determination is based on the upper-end national values, and we adverse impacts either through direct results of a three-tiered screening identify the actual location of lakes near exposure to HAP in the air or through assessment that relies on the outputs the facility rather than the default lake exposure to HAP that are deposited from models—TRIM.FaTE and location that we apply in Tier 1. By from the air onto soils and surface AERMOD—that estimate environmental refining the screening approach in Tier waters and then through the pollutant concentrations and human 2 to account for local geographical and environment into the food web. These exposures for five PB–HAP (dioxins, meteorological data, we decrease the HAP represent those HAP for which we POM, mercury, cadmium, and arsenic) likelihood that concentrations in can conduct a meaningful multipathway and two acid gases (HF and HCl). For environmental media are overestimated, or environmental screening risk lead, we use AERMOD to determine thereby increasing the usefulness of the assessment. For other HAP not included ambient air concentrations, which are screening assessment. In Tier 3 of the in our screening assessments, the model then compared to the secondary screening assessments, we refine the has not been parameterized such that it NAAQS standard for lead. Two model inputs again to account for hour- can be used for that purpose. In some important types of uncertainty by-hour plume rise and the height of the cases, depending on the HAP, we may associated with the use of these models mixing layer. We can also use those not have appropriate multipathway in RTR risk assessments and inherent to hour-by-hour meteorological data in a models that allow us to predict the any assessment that relies on TRIM.FaTE run using the screening concentration of that pollutant. The EPA environmental modeling are model configuration corresponding to the lake acknowledges that other HAP beyond uncertainty and input uncertainty.17 location. These refinements produce a these that we are evaluating may have Model uncertainty concerns whether more accurate estimate of chemical the potential to cause adverse effects the model adequately represents the concentrations in the media of interest, and, therefore, the EPA may evaluate actual processes (e.g., movement and thereby reducing the uncertainty with other relevant HAP in the future, as accumulation) that might occur in the those estimates. The assumptions and modeling science and resources allow. environment. For example, does the the associated uncertainties regarding model adequately describe the the selected ingestion exposure scenario IV. Analytical Results and Proposed movement of a pollutant through the are the same for all three tiers. Decisions soil? This type of uncertainty is difficult For the environmental screening A. What are the results of the risk to quantify. However, based on feedback assessment for acid gases, we employ a assessment and analyses? received from previous EPA SAB single-tiered approach. We use the reviews and other reviews, we are modeled air concentrations and As described above, for the Asphalt confident that the models used in the compare those with ecological Processing and Asphalt Roofing screening assessments are appropriate benchmarks. Manufacturing source categories, we and state-of-the-art for the multipathway For all tiers of the multipathway and conducted an inhalation risk assessment and environmental screening risk environmental screening assessments, for all HAP emitted, a multipathway assessments conducted in support of our approach to addressing model input screening assessment for the PB–HAP RTR. uncertainty is generally cautious. We emitted, and an environmental risk Input uncertainty is concerned with choose model inputs from the upper screening assessment on the PB–HAP how accurately the models have been end of the range of possible values for and acid gases (e.g., HCl) emitted. We configured and parameterized for the the influential parameters used in the present results of the risk assessment assessment at hand. For Tier 1 of the models, and we assume that the briefly below and in more detail in the multipathway and environmental exposed individual exhibits ingestion Residual Risk Assessment for the screening assessments, we configured behavior that would lead to a high total Asphalt Processing and Asphalt Roofing the models to avoid underestimating exposure. This approach reduces the Manufacturing Source Categories in exposure and risk. This was likelihood of not identifying high risks Support of the 2018 Risk and accomplished by selecting upper-end for adverse impacts. Technology Review Proposed Rule, values from nationally representative Despite the uncertainties, when which is available in the docket for this datasets for the more influential individual pollutants or facilities do not action. exceed screening threshold emission parameters in the environmental model, 1. Inhalation Risk Assessment Results including selection and spatial rates (i.e., screen out), we are confident configuration of the area of interest, lake that the potential for adverse The results of the chronic baseline location and size, meteorology, surface multipathway impacts on human health inhalation cancer risk assessment water, soil characteristics, and structure is very low. On the other hand, when indicate that, based on estimates of of the aquatic food web. We also assume individual pollutants or facilities do current actual and allowable emissions, an ingestion exposure scenario and exceed screening threshold emission the MIR posed by the two asphalt source values for human exposure factors that rates, it does not mean that impacts are categories, which were considered represent reasonable maximum significant, only that we cannot rule out together in this analysis, is less than exposures. that possibility and that a refined 1-in-1 million. The total estimated In Tier 2 of the multipathway and assessment for the site might be cancer incidence based on actual and environmental screening assessments, necessary to obtain a more accurate risk allowable emission levels is 0.0007 characterization for the source excess cancer cases per year, or 1 case 17 In the context of this discussion, the term categories. every 1,430 years. The population ‘‘uncertainty’’ as it pertains to exposure and risk The EPA evaluates the following HAP exposed to cancer risks greater than or encompasses both variability in the range of in the multipathway and/or equal to expected inputs and screening results due to 1-in-1 million considering actual and existing spatial, temporal, and other factors, as well environmental risk screening as uncertainty in being able to accurately estimate assessments, where applicable: Arsenic, allowable emissions is 0 (see Table 2 of the true result. cadmium, dioxins/furans, lead, mercury this preamble). In addition, the

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maximum chronic noncancer HI (TOSHI) is less than 1.

TABLE 2—ASPHALT PROCESSING AND ASPHALT ROOFING MANUFACTURING INHALATION RISK ASSESSMENT RESULTS

Maximum indi- Estimated popu- Estimated annual Maximum chronic Maximum screening acute noncancer HQ vidual cancer risk lation at increased cancer incidence noncancer TOSHI (in 1 million) 2 risk of cancer (cases per year) Number of ≥ 1 1-in-1 million facilities Based on actual Based on actual emissions level Based on actual Based on actual Based on actual emissions level 3 emissions level 23 emissions level 3 emissions level 3

8 ...... <1 0 0.0007 0.1 HQREL = 4 (formaldehyde). 1 Number of facilities evaluated in the risk analysis. 2 Maximum individual excess lifetime cancer risk due to HAP emissions from the source categories. 3 Actual emissions equal allowable emissions; therefore, actual risks equal allowable risks.

2. Acute Risk Results 3. Multipathway Risk Screening Results the context of whole facility risks.18 As presented in Table 2 of this Whole facility risks were estimated The multipathway risk screening using the NEI-based data described in preamble, the acute exposures to assessment resulted in a maximum Tier emissions from the Asphalt Processing section III.C.1 of this preamble. The 2 cancer screening value of 2 for POM. maximum lifetime individual cancer and Asphalt Roofing Manufacturing The Tier 2 screening values for all other source categories result in a maximum risk posed by the eight facilities, based PB–HAP emitted from the source on whole facility emissions, is 9-in-1 HQ of 4 based on the REL for categories (cadmium compounds, lead formaldehyde. This is driven by million with naphthalene and benzene compounds, and mercury compounds) emissions from facility-wide fugitive emissions from storage tanks. The next were less than 1. Based on these results, highest dose-response value for emissions and nickel compound we are confident that the cancer risks emissions from flares from the formaldehyde, the AEGL–1, results in due to multipathway exposures are an HQ of 0.3. In addition, acute Petroleum Refinery source category lower than 2-in-1 million and the driving the risk. Regarding the exposure to acrolein results in an HQ of noncancer HIs are less than 1. 2 based on the REL for acrolein. This is noncancer risk assessment, the In the case of lead, the multipathway driven by emissions from blowing stills. maximum chronic noncancer HI posed risks were assessed by comparing The next highest dose-response value by whole facility emissions is estimated modeled ambient lead concentrations for acrolein, the AEGL1, results in an to be 0.1 (for the respiratory system), against the primary NAAQS for lead. HQ of 0.09. These results include a which occurred at two facilities. The results of this analysis indicate that refinement performed using aerial based on actual and allowable 6. What demographic groups might photos to ensure the maximum emissions, the maximum annual off-site benefit from this regulation? exposure evaluated would occur off-site ambient lead concentrations are below in areas where the public could be To examine the potential for any the primary NAAQS; therefore, we exposed. As described above, the acute environmental justice issues that might assume there are no multipathway risks REL represents a health-protective level be associated with the source categories, due to lead emissions. of exposure, with no adverse health we performed a demographic analysis, effects anticipated below those levels, 4. Environmental Risk Screening Results which is an assessment of risks to even for the most sensitive individuals individual demographic groups of the and repeated exposures. As exposure The ecological risk screening populations living within 5 km and concentration increases above the acute assessment indicated all modeled points within 50 km of the facilities. In the REL, the potential for adverse health were below the Tier 1 screening analysis, we evaluated the distribution effects increases; however, we do not threshold based on actual and allowable of HAP-related cancer and noncancer have an acute reference value for a level emissions of PB–HAPs (cadmium risks from the Asphalt Processing and of exposure at which adverse health compounds, lead compounds, mercury Asphalt Roofing Manufacturing source effects might be expected. Therefore, compounds, and POM) and acid gases categories across different demographic when an REL is exceeded and an AEGL– (HCl) emitted by the source categories. groups within the populations living 19 1 or ERPG–1 level is available (i.e., In the case of lead, the environmental near the eight facilities. levels at which mild, reversible effects risks were assessed by comparing Results of the demographic analysis are anticipated in the general public for modeled ambient lead concentrations indicate that, for six of the 11 a single exposure), we typically use the against the secondary NAAQS for lead. demographic groups, African American, AEGL–1 and/or ERPG–1 as an The results of this analysis indicate that, based on actual and allowable 18 The facility-wide risk assessment includes all additional measure to characterize the emission points within Asphalt Processing and risk of adverse health effects. For more emissions, the maximum annual off-site Asphalt Roofing Manufacturing source categories detail on the screening level acute risk ambient lead concentrations were below (including those for which there are no standards), assessment results, refer to the draft the secondary NAAQS; therefore, we as well as other emission points covered by other NESHAP. residual risk document: Residual Risk conclude there are no environmental risks due to lead emissions. 19 Demographic groups included in the analysis Assessment for the Asphalt Processing are: White, African American, Native American, and Asphalt Roofing Manufacturing 5. Facility-Wide Risk Results other races and multiracial, Hispanic or Latino, Source Categories in Support of the children 17 years of age and under, adults 18 to 64 An assessment of whole-facility risks years of age, adults 65 years of age and over, adults 2018 Risk and Technology Review without a high school diploma, people living below Proposed Rule, which is available in the was performed as described above to the poverty level, people living two times the docket for this action. characterize the source category risk in poverty level, and linguistically isolated people.

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Native American, other and multiracial, generally more data gaps and review, risk assessment, and other ages 0–17, ages 18–64, and below the uncertainties in acute reference values aspects of our MACT rule review to poverty level, the percentage of the than there are in chronic reference determine whether there are any cost- population living within 5 km of values. By definition, the acute REL effective controls or other measures that facilities in the source categories is represents a health-protective level of would reduce emissions further. greater than the corresponding national exposure, with effects not anticipated Although we are proposing that the percentage for the same demographic below those levels, even for repeated risks from these source categories are groups. When examining the risk levels exposures; however, the level of acceptable, the maximum acute risk is of those exposed to emissions from exposure that would cause health effects an HQ of 4 caused by formaldehyde asphalt processing and asphalt roofing is not specifically known. As the emissions from four asphalt storage manufacturing facilities, we find that no exposure concentration increases above tanks. There is also an HQ of 2 caused one is exposed to a cancer risk at or the acute REL, the potential for effects by acrolein emissions from a blowing above 1-in-1 million or to a chronic increases. Therefore, when an REL is still. We considered whether the MACT noncancer TOSHI greater than 1. exceeded and an AEGL–1 or ERPG–1 standards applicable to these emission The methodology and the results of level is available (i.e., levels at which points in particular, as well as all the the demographic analysis are presented mild, reversible effects are anticipated current MACT standards applicable to in a technical report, Risk and in the general public for a single these source categories, provide an Technology Review—Analysis of exposure), we typically use them as an ample margin of safety to protect public Demographic Factors for Populations additional comparative measure, as they health. Living Near Asphalt Processing and provide an upper bound for exposure With regard to the sources of acute Asphalt Roofing Manufacturing Source levels above which exposed individuals risks, we identified two options for Categories Operations, available in the could experience effects. reducing the acute HQ of 4 due to docket for this action. Based on the AEGL–1 for formaldehyde emissions from asphalt formaldehyde, the HQ is less than 1 storage tanks: (1) Installing ductwork B. What are our proposed decisions (0.3), below the level at which mild, and routing the exhaust of the four regarding risk acceptability, ample reversible adverse effects would be asphalt storage tanks to an existing margin of safety, and adverse anticipated. In addition, the acute thermal incinerator, or (2) installing environmental effects? screening assessment includes the ductwork and routing the exhaust of the 1. Risk Acceptability conservative (health protective) four asphalt storage tanks to a single assumptions that every process releases new packed bed scrubber. Under these We weigh all health risk factors in our its peak hourly emissions at the same options, the formaldehyde emissions risk acceptability determination, hour, that the worst-case dispersion would be reduced by 99.5 percent and including the cancer MIR, the number of conditions occur at that same hour, and 95.0 percent, respectively, and the acute persons in various cancer and that an individual is present at the HQ would likely be reduced to less than noncancer risk ranges, cancer incidence, location of maximum concentration for 1. However, because formaldehyde the maximum noncancer TOSHI, the that hour. Together, these factors lead us emissions from asphalt storage tanks are maximum acute noncancer HQ, the to conclude that significant acute effects low (i.e., 0.46 tpy formaldehyde is extent of noncancer risks, the are not anticipated due to emissions emitted from all asphalt storage tanks in distribution of cancer and noncancer from these categories. the source categories combined), risks in the exposed population, and Considering all the health risk reduction in the emissions achieved by risk estimation uncertainties (54 FR information and factors discussed these two options is not cost effective. 38044, September 14, 1989). above, including the uncertainties, we We estimate the cost effectiveness to be For the Asphalt Processing and propose to find that risks from the from $102,400 per ton of formaldehyde Asphalt Roofing Manufacturing source Asphalt Processing and Asphalt Roofing reduced (option 1) to $3.7 million per categories, the risk analysis indicates Manufacturing source categories are ton of formaldehyde reduced (option 2). that the cancer risk to the individual acceptable. As risks for the Asphalt Installing a packed bed scrubber would most exposed is below 1-in-1 million Processing and Asphalt Roofing also lead to an increase in energy use from both actual and allowable Manufacturing source categories were from the facility. Due to the additional emissions. This risk is considerably less assessed together in one risk environmental impacts that would be than 100-in-1 million, which is the assessment, and based on the results of imposed, the small risk reduction, and presumptive upper limit of acceptable that risk assessment, we are proposing the substantial costs associated with risk. The risk analysis also estimates a risks from the Asphalt Processing source these options, we are proposing that cancer incidence of 0.0007 excess category are acceptable and risks from additional emissions controls for cancer cases per year, or 1 case every the Asphalt Roofing Manufacturing asphalt storage tanks are not necessary 1,430 years, as well a maximum chronic source category are acceptable. to provide an ample margin of safety to noncancer TOSHI value below 1 (0.1). protect public health. See the technical 2. Ample Margin of Safety Analysis In addition, the risk assessment memorandum titled Asphalt Storage indicates no significant potential for Under the ample margin of safety Tank Controls—Ample Margin of Safety multipathway health effects. analysis, we evaluated the cost and Analysis, in Docket ID No. EPA–HQ– The results of the acute screening feasibility of available control OAR–2017–0662 for details. analysis estimate a maximum acute technologies and other measures We did not identify any processes, noncancer HQ of 4 based on the acute (including the controls, measures, and practices, or control technologies to REL. To better characterize the potential costs reviewed under the technology further reduce organic HAP emissions health risks associated with estimated review) that could be applied in these (including acrolein emissions) from worst-case acute exposures to HAP, we source categories to further reduce the blowing stills (see section IV.C of this examine a wider range of available acute risks (or potential risks) due to preamble for more details). Therefore, health metrics than we do for our emissions of HAP identified in the risk we are proposing that revisions to the chronic risk assessments. This is in assessment. In this analysis, we current standards for organic HAP for acknowledgement that there are considered the results of the technology this emission source are not necessary

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and that acrolein-specific standards for Therefore, in the 2003 final rule C. What are the results and proposed this emission source are also not preamble, the EPA concluded that decisions based on our technology necessary to provide an ample margin of ‘‘MACT for HCl emissions from blowing review? safety to protect public health. stills using catalyst was based on no 1. Introduction For other emissions and emissions emission reduction.’’ sources, including asphalt loading As discussed in detail in section IV.C In section III.B of this preamble, we racks, coating mixers, saturators of this preamble, the EPA again describe our typical approach for (including wet loopers), coaters, sealant evaluated possible options to reduce conducting technology reviews and the applicators, adhesive (laminate) HCl emissions, but as in the 2003 types of information we gather and applicators, and HCl emissions from rulemaking (68 FR 24562), we did not evaluate as part of these reviews. In blowing stills, risks are low. identify any cost-effective practices, addition, as we described in the Nevertheless, to determine whether it processes, or control technologies to preamble of the Coke Ovens RTR final was possible to reduce this already low reduce HCl emissions. rule published on April 15, 2005 (70 FR risk further, we evaluated possible For the other emissions sources (i.e., 20009), and in the recent proposed RTR approaches to reduce HAP emissions asphalt loading racks, coating mixers, rule for coatings operations titled from these sources. saturators (including wet loopers), National Emission Standards for With regard to HCl emissions, the risk coaters, sealant applicators, adhesive Hazardous Air Pollutants: Surface analysis for the Asphalt Processing and (laminate) applicators), we also did not Coating of Large Appliances; Printing, Asphalt Roofing Manufacturing source identify any processes, practices, or Coating, and Dyeing of Fabrics and categories includes an assessment of control technologies that would further Other Textiles; and Surface Coating of risk from emissions of HCl from blowing reduce emissions and health risks from Metal Furniture Residual Risk and stills. As detailed in the Residual Risk these sources (see section IV.C of this Technology Reviews published on Assessment for the Asphalt Processing preamble for more details). Therefore, September 12, 2018 (83 FR 46262), we and Asphalt Roofing Manufacturing we are proposing that additional believe that the results of a CAA section Source Categories in Support of the standards for these emission sources are 112(f) risk determination for a CAA 2018 Risk and Technology Review not necessary to provide an ample section 112(d) standard should be key Proposed Rule, four major sources margin of safety to protect public health. factors in any subsequent CAA section within these source categories reported In summary, due to the low level of 112(d)(6) determination for that HCl emissions. The estimated risk current risk, the minimal risk reductions standard. In these two previous actions, associated with HCl emissions is low, that could be achieved with the control the agency described potential scenarios less than the source-category maximum options that we evaluated for asphalt where it may not be necessary to revise HI of 0.1, which is from acrolein storage tanks and the substantial costs the standards based on developments in emissions, indicating that HCl associated with those additional control technologies, practices, or processes if emissions are not a risk driver under the options, and because we did not the remaining risks associated with HAP NESHAP as it currently exists. identify cost-effective processes, emissions from a source category have Nevertheless, we evaluated possible practices, or control technologies that already been reduced to a level where options to further reduce HCl emissions would further reduce emissions and we have determined further reductions and risks under the ample margin of health risks from asphalt loading racks, under CAA section 112(f) are not safety analysis. This evaluation is coating mixers, saturators (including necessary. Under one scenario, if the discussed in more detail in section IV.C wet loopers), coaters, sealant ample margin of safety analysis for the of this preamble. applicators, adhesive (laminate) CAA section 112(f) determination was During development of the 2003 applicators, and blowing stills, we are not based on the availability or cost of NESHAP (68 FR 24562), the EPA proposing that the current NESHAP particular control technologies, evaluated HCl emissions from blowing provides an ample margin of safety to practices, or processes, then advances in stills in the Asphalt Processing source protect public health. air pollution control technology, category. In the 2003 final rule preamble 3. Adverse Environmental Effect practices, or processes would not (68 FR 24562), the EPA explained that necessarily be a cause to revise the Considering the results of our for ‘‘blowing stills that use chlorinated MACT standard pursuant to CAA environmental risk screening, we do not catalysts, emissions of HCl can be section 112(d)(6), because the CAA expect an adverse environmental effect reduced by a gas scrubber using caustic section 112(f) standard (or a CAA as a result of HAP emissions from these scrubbing media.’’ However, EPA did section 112(d) standard evaluated source categories, and we are proposing not identify any asphalt processing or pursuant to CAA section 112(f)) would that it is not necessary to set a more asphalt roofing manufacturers that were continue to assure an adequate level of stringent standard to prevent, taking using scrubbers at that time. In the 2003 safety. Under another scenario, if the into consideration costs, energy, safety, preamble, EPA stated that ‘‘since gas ample margin of safety analysis for a and other relevant factors, an adverse scrubbing has not been demonstrated as CAA section 112(f) standard (or a CAA environmental effect. an effective technology for controlling section 112(d) standard evaluated HCl emissions from asphalt processing pursuant to CAA section 112(f)) shows and due to the potentially high cost per determined that the need to use catalyst is driven by the quality of the asphalt feedstocks, which is that lifetime excess cancer risk to the megagram of HCl reduced ($23,900), the highly variable. Because the demand for high- individual most exposed to emissions additional cost of going beyond-the- quality asphalt flux can sometimes be greater than from a source in the category is less than floor was not warranted. Nor is process the supply and because high-quality feedstocks 1-in-1 million, and the remaining risk might not be available in a particular geographic substitution a viable option for associated with threshold pollutants 20 region, some roofing manufacturers must accept controlling HCl emissions ....’’ lower quality feedstock. These sources must use a falls below a similar threshold of safety, catalyst in the asphalt flux blowing operation or then no further revision under CAA 20 During development of the 2001 proposed rule they cannot produce an acceptable asphalt product section 112(d)(6) would be necessary, (66 FR 58610) and the 2003 final rule (68 FR for roofing materials. See 66 FR 58610, 58618–19 24562), the EPA also considered requiring facilities (November 21, 2001) and 68 FR 24562, 24565 (May because an ample margin of safety has to use non-chlorinated catalysts. However, the EPA 7, 2003). already been assured.

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As described in the risk review 2. Sources of Emissions and the 2003 (68 FR 22975). In general, facilities sections of this preamble (see sections Information Considered in Our continue to use combustion technology IV.A and IV.B), the risks due to HAP Technology Review to control organic HAP emissions from emissions from the Asphalt Processing Sources of HAP emissions regulated asphalt loading racks and asphalt and Asphalt Roofing Manufacturing by the NESHAP for the Asphalt storage tanks in the Asphalt Processing source categories are low. The Processing and Asphalt Roofing source category, and facilities in the inhalation cancer MIR is below 1-in-1 Manufacturing source categories include Asphalt Roofing Manufacturing source million, the maximum inhalation each blowing still, asphalt loading rack, category continue to use either chronic noncancer HI is below 1, and and asphalt storage tank at asphalt combustion technology or PM control the worst-case maximum inhalation processing facilities and each coating devices to control organic HAP acute HQ is 4 (using the REL for mixer, coater, saturator, wet looper, emissions from coaters, saturators, wet formaldehyde). With regard to asphalt storage tank, and sealant and loopers, coating mixers, sealant and adhesive applicators, and asphalt multipathway risks, based on a Tier 2 adhesive applicator at asphalt roofing storage tanks. screening assessment, we are confident manufacturing facilities. Pursuant to that the cancer risks due to CAA section 112(d)(6), we conducted a In light of the results of the technology review for asphalt loading multipathway exposures are lower than technology review to determine whether racks, asphalt storage tanks, coating 2-in-1 million and the noncancer HI is any developments have occurred since promulgation of the 2003 NESHAP that mixers, saturators (including wet less than 1. Furthermore, as described in loopers), coaters, sealant applicators, our ample margin of safety analysis (see may warrant revisions to the current Asphalt Processing and Asphalt Roofing and adhesive (laminate) applicators, we section IV.B of this preamble), we propose to conclude that no revisions to concluded that risks are acceptable and Manufacturing NESHAP. In conducting our technology review, the current standards are necessary for the current NESHAP provides an ample we used and reviewed the RBLC these emission sources pursuant to CAA margin of safety to protect public health. database, subsequent air toxic regulatory section 112(d)(6). For further details on We, therefore, solicit comment on actions for other source categories, the information, assumptions, and whether revisions to the NESHAP are information from site visits, and data methodologies used in this analysis, see ‘‘necessary,’’ as that term is used in submitted by facilities in response to the the technical memorandum titled Clean CAA section 112(d)(6), in situations CAA section 114 request (see sections Air Act Section 112(d)(6) Review for the such as this where the EPA has II.C and II.D of this preamble). The Asphalt Processing and Asphalt Roofing determined that CAA section 112(d) findings of our technology review are Manufacturing Source Categories, in standards evaluated pursuant to CAA described below. Further details are Docket ID No. EPA–HQ–OAR–2017– section 112(f) provide an ample margin provided in the technical memorandum 0662. We solicit comment on our of safety to protect public health and titled Clean Air Act Section 112(d)(6) proposed decision for these emission sources. prevent an adverse environmental Review for the Asphalt Processing and effect. In other words, we solicit Asphalt Roofing Manufacturing Source 4. Blowing Stills comment on the conclusion that, if Categories, in Docket ID No. EPA–HQ– The main HAP emitted from blowing remaining risks associated with air OAR–2017–0662, which is available in the docket for this proposed rule. stills are organic HAP (such as emissions from a source category have formaldehyde, methylene chloride, already been reduced to levels where we 3. Asphalt Loading Racks, Asphalt phenol, POM, toluene) and HCl. We have determined that further reductions Storage Tanks, Coating Mixers, evaluated potential developments in are not necessary under CAA section Saturators (Including Wet Loopers), practices, processes, and control 112(f), then it is not ‘‘necessary’’ to Coaters, Sealant Applicators, and technologies for these HAP. revise the standards based on Adhesive Applicators As previously discussed in the developments in technologies, practices, After reviewing information from the proposal for the original 40 CFR part 63, or processes under CAA section aforementioned resources, we did not subpart LLLLL, rulemaking standards 112(d)(6). See CAA section 112(d)(6) find any developments (since (66 FR 58610), in asphalt processing, (‘‘The Administrator shall review, and promulgation of the original NESHAP) heated asphalt flux is taken from storage revise as necessary (taking into account in practices, processes, and control and charged to a heated blowing still developments in practices, processes, technologies that could be applied to where air is bubbled up through the and control technologies), emissions asphalt loading racks, asphalt storage flux. This process raises the softening standards promulgated under this tanks, coating mixers, saturators temperature of the asphalt. The blowing section no less often than every 8 (including wet loopers), coaters, sealant process also decreases the penetration years.’’). applicators, or adhesive (laminate) rate of the asphalt when applied to the Though we believe the results of the applicators and that could be used to roofing substrate. Organic HAP reduce emissions from asphalt volatilize and/or are formed during ample margin of safety analysis may processing and asphalt roofing asphalt processing because of the eliminate the need to revise the manufacturing facilities. We also did exothermic oxidation reactions that emissions standards based on not identify any developments in work occur in the blowing still. Facilities use developments in technologies, practices, practices, pollution prevention thermal oxidizers to control organic or processes, we nonetheless conducted techniques, or process changes that HAP emissions from these sources. We a technology review to determine could achieve emission reductions from did not identify any developments in whether any developments to further these emissions sources. practices, processes, or control reduce HAP emissions have occurred We determined that the control technologies, nor any developments in and to consider whether the current technologies used to control stack work practices, pollution prevention standards should be revised to reflect emissions from these emission sources techniques, or process changes to any such developments. have not changed since the EPA control organic HAP from blowing stills promulgated the NESHAP on April 29, at asphalt processing facilities.

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Some processing operations use a chlorinated catalyst uses an air to the use of caustic as the scrubbing catalyst (e.g., ferric chloride, phosphoric pollution control device (APCD) to medium. We identified option 2 as a acid) in the blowing still that promotes control HCl emissions. However, we potential development in practices, the oxidation of asphalt in the blowing identified two potential HCl emission processes, and control technologies still. The need to use a catalyst is reduction options: (1) Installing a because it reflects HCl control options primarily driven by the type of packed bed scrubber at the outlet of the used in EPA’s New Source Performance feedstock used (i.e., certain feedstocks blowing still (or at the outlet of the Standards and Emission Guidelines for require the catalyst to be used to attain combustion device controlling organic Hospital/Medical/Infectious Waste desired product specifications). If HAP emissions) or (2) installing a dry Incinerators. facilities use a chlorinated catalyst in sorbent injection and fabric filter at the the blowing still during asphalt Table 3 of this preamble presents the outlet of the blowing still. Although the nationwide impacts for the two HCl processing, then HCl emissions can EPA previously considered (and result from (1) the conversion of ferric emission reduction options considered rejected) the installation of scrubbers to chloride catalyst to ferrous chloride in for blowing stills. We estimate the total control HCl emissions from blowing the blowing still, (2) HCl present in the capital costs for these controls would be stills under the beyond-the-floor ferric catalyst itself, (3) trace amount of about $7.4 million to $10.7 million with analysis for the original 2001 annualized costs of $1.4 million to $2.3 HCl present in the asphalt flux, and (4) 21 oxidation of chlorinated compounds by rulemaking proposal (66 FR 58610), million. Based on available information, the blowing still thermal oxidizer. we identified option 1 as a potential only three facilities in the U.S. currently In addition to assessing developments development in practices, processes, use the chlorinated catalyst. The cost in practices, processes, and control and control technologies based on a estimates shown in Table 3 reflect the technologies for organic HAP emitted response received from the CAA section total estimated costs for those three from blowing stills, the EPA also elected 114 request indicating that one facility facilities. Therefore, the average capital to conduct a technology review for these uses a caustic scrubber to control costs for option 1 would be about HCl emissions. Based on the responses hydrogen sulfide (non-HAP) emissions $2,480,000 per facility, the average to the EPA’s CAA section 114 request from one of their blowing stills. We annualized costs would be about (see section II.C of this preamble for believe that while the primary purpose $500,000 per facility, and the average details about our CAA section 114 of the caustic scrubber is to reduce HCl cost effectiveness would be about request), we determined that none of the hydrogen sulfide emissions, there is also $60,000 per ton. The costs for option 2 10 existing blowing stills that use a likely a reduction in HCl emissions due are higher.

TABLE 3—NATIONWIDE EMISSIONS REDUCTIONS AND COST IMPACTS OF CONTROL OPTIONS CONSIDERED FOR BLOWING STILLS AT ASPHALT PROCESSING FACILITIES

HCl Total capital Total annualized emission HCl Control option investment costs reductions cost effectiveness ($) ($/yr) (tpy) ($/ton)

1 ...... 7,436,000 1,440,000 134 10,800 2 ...... 10,719,000 2,337,000 127 18,400

See the technical memorandum titled that it is not necessary to promulgate an E. What other actions are we proposing? Clean Air Act Section 112(d)(6) Review emissions standard in 40 CFR part 63, for the Asphalt Processing and Asphalt subpart LLLLL, for blowing stills In addition to the proposed actions Roofing Manufacturing Source pursuant to CAA section 112(d)(6). We described above, we are proposing Categories, in Docket ID No. EPA–HQ– solicit comment on our proposed additional revisions to the NESHAP. We are proposing revisions to the startup, OAR–2017–0662 for details regarding decision. shutdown, and malfunction (SSM) the information, assumptions, and D. What are the overall results of the provisions of the MACT rule in order to methodologies used to calculate these risk and technology reviews? ensure that they are consistent with the estimates. Given that the estimated risks As noted in section IV.B of this Court decision in Sierra Club v. EPA, due to HCl emissions are low and based preamble, we conclude that risks are 551 F.3d 1019 (D.C. Cir. 2008), which on the relatively high costs per facility acceptable and that the current NESHAP vacated two provisions that exempted for each of the options, we propose to provides an ample margin of safety to sources from the requirement to comply conclude that neither of these options is protect public health and prevents an with otherwise applicable CAA section necessary for reducing HCl emissions adverse environmental effect. 112(d) emission standards during from blowing stills that use chlorinated Based on our technology review, we periods of SSM. We also are proposing catalysts. In addition, we considered did not identify any developments in revisions to require electronic reporting whether it might be feasible for facilities practices, processes, or control of emissions test results and reports, that need to use a catalyst to use non- technologies that warrant revisions to performance evaluation reports, chlorinated substitute catalysts. the NESHAP. Therefore, we propose compliance reports, and Notification of However, we did not identify a viable that no revisions to the NESHAP are Compliance Status reports, to add an non-chlorinated catalyst substitute. necessary pursuant to sections 112(f) or option for establishing the maximum Therefore, in light of the results of the 112(d)(6) of the CAA for HAP emitted pressure drop across a control device technology review, we are proposing from these source categories. used to comply with the PM standards,

21 The EPA determined in the original 2001 control HCl emissions from blowing stills, and scrubbers were not cost effective for controlling HCl proposal that no facility was using scrubbers to emissions from blowing stills.

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to add requirements for periodic and, for the reasons explained below, control devices will be operated to performance testing, and to clarify text has not proposed alternate standards for maintain and meet the monitoring or correct typographical errors, those periods. parameter operating limits set during grammatical errors, and cross-reference We are proposing that startups and the performance test. We do not expect errors. Our analyses and proposed shutdowns are normal operation for the startup and shutdown events to affect changes related to these issues are Asphalt Processing and Asphalt Roofing emissions from blowing stills, storage discussed below. Manufacturing source categories; tanks, saturators, wet loopers, coating mixers, sealant applicators, or adhesive 1. SSM Requirements therefore, emissions from startup and shutdown activities must be included applicators. Emissions generated during In its 2008 decision in Sierra Club v. when determining if all the standards startup and shutdown periods are the EPA, 551 F.3d 1019 (D.C. Cir. 2008), the are being attained. We are proposing at same or lower than during steady-state Court vacated portions of two 40 CFR 63.8685(a) that facilities must be conditions because the amount of feed provisions in the EPA’s CAA section in compliance with the emission materials (e.g., asphalt flux or oxidized 112 regulations governing the emissions limitations (including operating limits) asphalt) introduced to the process of HAP during periods of SSM. in this subpart ‘‘at all times,’’ except during those periods is lower compared Specifically, the Court vacated the SSM during periods of nonoperation of the to normal operations. Therefore, if the exemption contained in 40 CFR affected source (or specific portion emission control devices are operated 63.6(f)(1) and 40 CFR 63.6(h)(1), holding thereof) resulting in cessation of the during startup and shutdown, then HAP that under section 302(k) of the CAA, emissions to which this subpart applies. emissions will be the same or lower emissions standards or limitations must than during steady-state operating be continuous in nature and that the Similar language is also being proposed for 40 CFR 63.8690(b) and 40 CFR conditions. SSM exemption violates the CAA’s We are also proposing new related 63.8691(b) for monitoring and collecting requirement that some CAA section 112 language in 40 CFR 63.8685(b) to data, and meeting operating limits, standards apply continuously. require that the owner or operator respectively. We are proposing to clarify operate and maintain any affected a. Proposed Elimination of the SSM that the standards and operating limits source, including air pollution control Exemption do not apply ‘‘. . . during periods of equipment and monitoring equipment, nonoperation of the affected source (or We are proposing the elimination of at all times to minimize emissions. For the SSM exemption in this rule, which specific portion thereof) resulting in example, in the event of an emission appears at 40 CFR 63.8685(a), as well as cessation of the emissions . . .’’ because capture system or control device other provisions related to that industry stakeholders requested this malfunction for a controlled operation, exemption as discussed below. clarification in their responses to the to comply with the proposed new Consistent with Sierra Club v. EPA, we CAA section 114 request (see section language in 40 CFR 63.8685(b), the are proposing that the standards in this II.C of this preamble), and this language facility would need to cease the rule apply at all times. We are proposing is used in other MACT standards (e.g., controlled operation as quickly as several revisions to Table 7 to Subpart 40 CFR part 63, subpart YY). practicable to ensure that excess LLLLL of Part 63 (the General Furthermore, based on the information emissions during emission capture Provisions Applicability Table, hereafter we received for control device system and control device malfunctions referred to as the ‘‘General Provisions operations from the responses to the are minimized. See section IV.E.1.b.i of table to subpart LLLLL’’) as is explained CAA section 114 request (see section this preamble for further discussion of in more detail below. For example, we II.C of this preamble), we concluded this proposed revision. are proposing at 40 CFR 63.8685(c) to that control devices can be operated Periods of startup, normal operations, eliminate the incorporation of the normally during periods of startup or and shutdown are all predictable and General Provisions’ requirement that the shutdown for these source categories. routine aspects of a source’s operations. source develop an SSM plan. We are Emission reductions from blowing stills, Malfunctions, in contrast, are neither also proposing to make 40 CFR storage tanks, saturators, wet loopers, predictable nor routine. Instead, they 63.8691(d) no longer applicable coating mixers, sealant applicators, and are, by definition, sudden, infrequent, beginning 181 days after publication of adhesive applicators are typically and not reasonably preventable failures the final rule in the Federal Register, achieved by routing vapors to a of emissions control, process or which specifies that deviations during combustion device (e.g., thermal monitoring equipment. (40 CFR 63.2) SSM periods are not violations, and to oxidizer, flare, process heater, or boiler) (Definition of malfunction). The EPA remove the portion of the ‘‘deviation’’ to meet a THC standard, or to a interprets CAA section 112 as not definition in 40 CFR 63.8698 that particulate control device (e.g., high requiring emissions that occur during specifically addresses SSM periods. We velocity air filter, electrostatic periods of malfunction to be factored also are proposing to eliminate and precipitator, or fiberbed filter) to meet a into development of CAA section 112 revise certain recordkeeping and PM standard. In some cases, the facility standards, and this reading has been reporting requirements related to the may need to run a combustion device on upheld as reasonable by the Court in SSM exemption as further described supplemental fuel before there are U.S. Sugar Corp. v. EPA, 830 F.3d 579, below. enough volatile organic compounds for 606–610 (2016). Under CAA section The EPA has attempted to ensure that the combustion to be (nearly) self- 112, emissions standards for new the provisions we are proposing to sustaining. It is common practice to start sources must be no less stringent than eliminate are inappropriate, a control device prior to startup of the the level ‘‘achieved’’ by the best unnecessary, or redundant in the emissions source it is controlling, so the controlled similar source, and for absence of the SSM exemption. We are control device would be operating existing sources, generally, must be no specifically seeking comment on before emissions are routed to it. We less stringent than the average emission whether we have successfully done so. expect control devices would be limitation ‘‘achieved’’ by the best In proposing the removal of the operating during startup and shutdown performing 12 percent of sources in the exemptions, the EPA has taken into events in a manner consistent with category. There is nothing in CAA account startup and shutdown periods normal operating periods, and that these section 112 that directs the Agency to

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consider malfunctions in determining case enforcement discretion, not for the process, or the amount of HAP the level ‘‘achieved’’ by the best specification in advance by emitted from the process. Finally, a performing sources when setting regulation.’’). In addition, emissions malfunction of an emission capture emission standards. As the Court has during a malfunction event can be system and control device in which the recognized, the phrase ‘‘average significantly higher than emissions at operator responds by quickly ceasing emissions limitation achieved by the any other time of source operation. For the associated operation is also unlikely best performing 12 percent of’’ sources example, if an air pollution control to lead to a violation because ‘‘says nothing about how the device with 99-percent removal goes off- compliance is based on a 3-hour average performance of the best units is to be line as a result of a malfunction (as compliance period. calculated.’’ Nat’l Ass’n of Clean Water might happen if, for example, the bags In the unlikely event that a source Agencies v. EPA, 734 F.3d 1115, 1141 in a baghouse catch fire) and the fails to comply with the applicable CAA (D.C. Cir. 2013). While the EPA emission unit is a steady state type unit section 112(d) standards as a result of a accounts for variability in setting that would take days to shut down, the malfunction event, the EPA would emissions standards, nothing in CAA source would go from 99-percent determine an appropriate response section 112 requires the Agency to control to zero control until the control based on, among other things, the good consider malfunctions as part of that device was repaired. The source’s faith efforts of the source to minimize analysis. The EPA is not required to emissions during the malfunction emissions during malfunction periods, treat a malfunction in the same manner would be 100 times higher than during including preventative and corrective as the type of variation in performance normal operations. As such, the actions, as well as root cause analyses that occurs during routine operations of emissions over a 4-day malfunction to ascertain and rectify excess a source. A malfunction is a failure of period would exceed the annual emissions. The EPA would also the source to perform in a ‘‘normal or emissions of the source during normal consider whether the source’s failure to usual manner,’’ and no statutory operations. As this example illustrates, comply with the CAA section 112(d) language compels the EPA to consider accounting for malfunctions could lead standard was, in fact, sudden, such events in setting CAA section 112 to standards that are not reflective of infrequent, not reasonably preventable, standards. (and significantly less stringent than) and was not instead caused in part by levels that are achieved by a well- As the D.C. Circuit recognized in U.S. poor maintenance or careless operation. performing non-malfunctioning source. Sugar Corp, accounting for malfunctions 40 CFR 63.2 (definition of malfunction). It is reasonable to interpret CAA section in setting standards would be difficult, If the EPA determines in a particular 112 to avoid such a result. The EPA’s if not impossible, given the myriad case that an enforcement action against approach to malfunctions is consistent different types of malfunctions that can a source for violation of an emission with CAA section 112 and is a occur across all sources in the category, standard is warranted, the source can reasonable interpretation of the statute. raise any and all defenses in that and given the difficulties associated Although no statutory language with predicting or accounting for the enforcement action and the federal compels the EPA to set standards for district court will determine what, if frequency, degree, and duration of malfunctions, the EPA has the various malfunctions that might occur. any, relief is appropriate. The same is discretion to do so where feasible. For true for citizen enforcement actions. Id. at 608 (‘‘the EPA would have to example, in the Petroleum Refinery conceive of a standard that could apply Similarly, the presiding officer in an Sector RTR, the EPA established a work administrative proceeding can consider equally to the wide range of possible practice standard for unique types of boiler malfunctions, ranging from an any defense raised and determine malfunction that result in releases from whether administrative penalties are explosion to minor mechanical defects. pressure relief devices or emergency Any possible standard is likely to be appropriate. flaring events because we had In summary, the EPA’s interpretation hopelessly generic to govern such a information to determine that such work wide array of circumstances.’’). As such, of the CAA and, in particular, CAA practices reflected the level of control section 112, is reasonable and the performance of units that are that applies to the best performing malfunctioning is not ‘‘reasonably’’ encourages practices that will avoid sources. 80 FR 75178, 75211–14 malfunctions. Administrative and foreseeable. See, e.g., Sierra Club v. (December 1, 2015). The EPA will judicial procedures for addressing EPA, 167 F.3d 658, 662 (D.C. Cir. 1999) consider whether circumstances warrant exceedances of the standards fully (‘‘The EPA typically has wide latitude setting work practice standards for a recognize that violations may occur in determining the extent of data- particular type of malfunction and, if so, despite good faith efforts to comply and gathering necessary to solve a problem. whether the EPA has sufficient can accommodate those situations. U.S. We generally defer to an agency’s information to identify the relevant best Sugar Corp. v. EPA, 830 F.3d 579, 606– decision to proceed on the basis of performing sources and establish a 610 (2016). imperfect scientific information, rather standard for such malfunctions. We also than to ‘invest the resources to conduct encourage commenters to provide any b. Proposed Revisions Related to the the perfect study.’ ’’). See also, such information. General Provisions Applicability Table Weyerhaeuser v. Costle, 590 F.2d 1011, It is unlikely that a malfunction in the i. 40 CFR 63.8685(b) General Duty 1058 (D.C. Cir. 1978) (‘‘In the nature of Asphalt Processing and Asphalt Roofing things, no general limit, individual Manufacturing source categories would We are proposing to revise the permit, or even any upset provision can result in a violation of the standard. General Provisions table to subpart anticipate all upset situations. After a Because a process malfunction could LLLLL (Table 7) entry for 40 CFR certain point, the transgression of lead to defective products, it would 63.6(e)(1)(i) by changing the ‘‘yes’’ in regulatory limits caused by need to be corrected by the operators as column 4 to a ‘‘no’’ in which 40 CFR ‘uncontrollable acts of third parties,’ quickly as possible to minimize 63.6(e)(1)(i) would no longer be such as strikes, sabotage, operator economic losses. Furthermore, a process applicable beginning 181 days after intoxication or insanity, and a variety of malfunction would not necessarily lead publication of the final rule in the other eventualities, must be a matter for to an increase in the HAP content of the Federal Register. Section 63.6(e)(1)(i) the administrative exercise of case-by- asphalt flux or oxidized asphalt used in describes the general duty to minimize

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emissions. Some of the language in that beginning 181 days after publication of conducted under this subpart should section is no longer necessary or the final rule in the Federal Register. not be conducted during malfunctions appropriate in light of the elimination of The current language of 40 CFR because conditions during malfunctions the SSM exemption. We are proposing 63.6(f)(1) exempts sources from non- are often not representative of normal instead to add general duty regulatory opacity standards during periods of operating conditions. 40 CFR 63.7(e) text at 40 CFR 63.8685(b) that reflects SSM. As discussed above, the Court in requires that the owner or operator the general duty to minimize emissions Sierra Club v. EPA vacated the maintain records of process information while eliminating the reference to exemptions contained in this provision that is necessary to document operating periods covered by an SSM exemption. and held that the CAA requires that conditions during the test and include The current language in 40 CFR some CAA section 112 standards apply in such record an explanation to 63.6(e)(1)(i) characterizes what the continuously. Consistent with Sierra support that such conditions represent general duty entails during periods of Club v. EPA, the EPA is proposing to normal operation. The EPA is proposing SSM. With the elimination of the SSM revise standards in this rule to apply at at 40 CFR 63.8687(b) to add language exemption, there is no need to all times. clarifying that the owner or operator differentiate between normal operations, We are proposing to revise the must make such records available to the startup and shutdown, and malfunction General Provisions table to subpart Administrator upon request. events in describing the general duty. LLLLL (Table 7) entry for 40 CFR v. Monitoring Therefore, the language the EPA is 63.6(h)(1) by changing the ‘‘yes’’ in proposing for 40 CFR 63.8685(b) does column 4 to a ‘‘no’’ in which 40 CFR We are proposing to revise the not include that language from 40 CFR 63.6(h)(1) would no longer be applicable General Provisions table to subpart 63.6(e)(1). beginning 181 days after publication of LLLLL (Table 7) entry for 40 CFR We are also proposing to revise the the final rule in the Federal Register. 63.8(c)(1)(i) and (iii) by changing the General Provisions table to subpart The current language of 40 CFR ‘‘yes’’ in column 4 to a ‘‘no’’ in which LLLLL (Table 7) entry for 40 CFR 63.6(h)(1) exempts sources from opacity 40 CFR 63.8(c)(1)(i) and (iii) would no 63.6(e)(1)(ii) by changing the ‘‘yes’’ in standards during periods of SSM. As longer be applicable beginning 181 days column 4 to a ‘‘no’’ in which 40 CFR discussed above, the Court in Sierra after publication of the final rule in the 63.6(e)(1)(ii) would be no longer Club v. EPA vacated the exemptions Federal Register. The cross-references applicable beginning 181 days after contained in this provision and held to the general duty and SSM plan publication of the final rule in the that the CAA requires that some CAA requirements in those subparagraphs are Federal Register. Section 63.6(e)(1)(ii) section 112 standards apply not necessary in light of other imposes requirements that are not continuously. Consistent with Sierra requirements of 40 CFR 63.8 that require necessary with the elimination of the Club, the EPA is proposing to revise good air pollution control practices (40 SSM exemption or are redundant with standards in this rule to apply at all CFR 63.8(c)(1)) and that set out the the general duty requirement being times. requirements of a quality control added at 40 CFR 63.8685(b). program for monitoring equipment (40 iv. 40 CFR 63.8687 Performance CFR 63.8(d)). ii. SSM Plan Testing We are proposing to revise the We are proposing to revise the vi. 40 CFR 63.8694 Recordkeeping General Provisions table to subpart General Provisions table to subpart We are proposing to revise the LLLLL (Table 7) entry for 40 CFR LLLLL (Table 7) entry for 40 CFR General Provisions table to subpart 63.6(e)(3) by changing the ‘‘yes’’ in 63.7(e)(1) by changing the ‘‘yes’’ in LLLLL (Table 7) entry for 40 CFR column 4 to a ‘‘no.’’ Generally, these column 4 to a ‘‘no’’ in which 40 CFR 63.10(b)(2)(i) by changing the ‘‘yes’’ in paragraphs require development of an 63.7(e)(1) would no longer be applicable column 4 to a ‘‘no’’ in which 40 CFR SSM plan and specify SSM beginning 181 days after publication of 63.10(b)(2)(i) would no longer be recordkeeping and reporting the final rule in the Federal Register. applicable beginning 181 days after requirements related to the SSM plan. We are also proposing to remove a publication of the final rule in the We are also proposing to make the similar requirement at 40 CFR Federal Register. Section 63.10(b)(2)(i) current provisions at 40 CFR 63.8685(c) 63.8687(c). Section 63.7(e)(1) describes describes the recordkeeping requiring the SSM plan to no longer be performance testing requirements. The requirements during startup and applicable beginning 181 days after EPA is instead proposing to add a shutdown. These recording provisions publication of the final rule in the performance testing requirement at 40 are no longer necessary because the EPA Federal Register. As noted, the EPA is CFR 63.8687(b) applicable beginning is proposing that recordkeeping and proposing to remove the SSM 181 days after publication of the final reporting applicable to normal exemptions. Therefore, affected units rule in the Federal Register. The operations will apply to startup and will be subject to an emission standard performance testing requirements we shutdown. In the absence of special during such events. The applicability of are proposing to add differ from the provisions applicable to startup and a standard during such events will General Provisions performance testing shutdown, such as a startup and ensure that sources have ample provisions in several respects. The shutdown plan, there is no reason to incentive to plan for and achieve proposed regulatory text does not retain additional recordkeeping for compliance, and, thus, the SSM plan include the language in 40 CFR startup and shutdown periods. requirements are no longer necessary. 63.7(e)(1) that restated the SSM We are proposing to revise the exemption and language that precluded General Provisions table to subpart iii. Compliance With Standards startup and shutdown periods from LLLLL (Table 7) entry for 40 CFR We are proposing to revise the being considered ‘‘representative’’ for 63.10(b)(2)(ii) by changing the ‘‘yes’’ in General Provisions table to subpart purposes of performance testing. The column 4 to a ‘‘no’’ in which 40 CFR LLLLL (Table 7) entry for 40 CFR proposed performance testing 63.10(b)(2)(ii) would no longer be 63.6(f)(1) by changing the ‘‘yes’’ in provisions will not allow performance applicable beginning 181 days after column 4 to a ‘‘no’’ in which 40 CFR testing during startup or shutdown. As publication of the final rule in the 63.6(f)(1) would no longer be applicable in 40 CFR 63.7(e)(1), performance tests Federal Register. Section 63.10(b)(2)(ii)

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describes the recordkeeping Federal Register. When applicable, the startups, shutdowns, and malfunctions. requirements during a malfunction, provision requires sources to record To replace the General Provisions requiring a record of ‘‘the occurrence actions taken during SSM events when reporting requirement, the EPA is and duration of each malfunction.’’ A actions were inconsistent with their proposing to add reporting requirements similar recordkeeping requirement is SSM plan. The requirement is no longer to 40 CFR 63.8693. The replacement already in 40 CFR 63.8694(a)(1), appropriate because SSM plans will no language differs from the General requiring owners and operators to retain longer be required. The requirement Provisions requirement in that it a copy of each compliance report; and previously applicable under 40 CFR eliminates periodic SSM reports as a we are proposing at 40 CFR 63.8693(d) 63.10(b)(2)(iv)(B) to record actions to stand-alone report. We are proposing that the compliance report contain, minimize emissions and record language that requires sources that fail amongst other data elements, a record of corrective actions is now applicable by to meet an applicable standard at any ‘‘the date, time, and duration’’ of each reference to 40 CFR 63.8693(d)(4) (i.e., time to report the information deviation from an emission limit, the requirement to include this concerning such events in the semi- operating limit, opacity limit, and information in each compliance report annual compliance report already visible emission limit. The regulatory and keep records pursuant to required under this rule. The rule text we are proposing to add differs 63.8694(a)(1)). currently requires reporting of the date from the General Provisions it is We are proposing to revise the and time of each deviation, and a replacing in that the General Provisions General Provisions table to subpart breakdown of the total duration of the requires the creation and retention of a LLLLL (Table 7) entry for 40 CFR deviations by cause. We are clarifying in record of the occurrence and duration of 63.10(b)(2)(v) by changing the ‘‘yes’’ in the rule that the cause of each deviation each malfunction of process, air column 4 to a ‘‘no’’ in which 40 CFR be reported, and if the cause of a pollution control, and monitoring 63.10(b)(2)(v) would no longer be deviation from the standard is equipment; however, the EPA is applicable beginning 181 days after unknown, this should be specified in proposing that this requirement apply to publication of the final rule in the the report. We are also proposing to any failure to meet an applicable Federal Register. When applicable, the make a harmonizing change between standard (e.g., any malfunction that provision requires sources to record provisions in the reporting section. In leads to a deviation from an emission actions taken during SSM events to 40 CFR 63.8693(d)(1), (2), and (4), the limit, operating limit, opacity limit, or show that actions taken were consistent current rule requires reporting of the visible emission limit) and is requiring with their SSM plan. The requirement is ‘‘date and time’’ of periods where a that the source record the date, time, no longer appropriate because SSM source deviates from a standard; and duration of the failure rather than plans will no longer be required. whereas 40 CFR 63.8693(d)(3) requires a We are proposing to make the the ‘‘occurrence.’’ For each deviation, record of the ‘‘date, time and duration’’ requirement in 40 CFR 63.8693(d)(4) the EPA is also proposing to add to 40 of periods where a source deviates from and at Table 6 to subpart LLLLL of part CFR 63.8693(d)(4) and (13) a a standard. The EPA is proposing to 63 that deviation records specify requirement that sources include in change the terminology in 40 CFR whether deviations from a standard their compliance reports (and, therefore, 63.8693(d)(1), (2), and (4) for periods occurred during a period of SSM (i.e., keep records pursuant to 40 CFR where a source deviates from a the requirement to include this 63.8694(a)(1)) a list of the affected standard, to report the ‘‘start date, start information in each compliance report source or equipment and actions taken time, and duration’’ of the deviation. and keep records pursuant to 40 CFR to minimize emissions, an estimate of Note that ‘‘date and time’’ carries the 63.8694(a)(1)) is no longer applicable same meaning as ‘‘start date, start time, the quantity of each regulated pollutant beginning 181 days after publication of emitted over the emission limitation for the final rule in the Federal Register. and duration.’’ We are proposing that which the source failed to meet the This revision is being proposed due to the report must also contain the number standard, and a description of the the proposed removal of the SSM of deviations from the standard, a list of method used to estimate the emissions. exemption and because, as discussed the affected source or equipment, an Examples of such methods would above in this section, we are proposing estimate of the quantity of each include product-loss calculations, mass that deviation records must specify the regulated pollutant emitted over any balance calculations, measurements cause of each deviation, which could emission limit, and a description of the when available, or engineering include a malfunction period as a cause. method used to estimate the emissions. judgment based on known process We are also proposing to remove the Regarding the proposed new parameters. The EPA is proposing to requirement to report the SSM records requirement discussed above to estimate require that sources keep records of this in 40 CFR 63.6(e)(3)(iii) through (v) by the quantity of each regulated pollutant information to ensure that there is making 40 CFR 63.8694(a)(2) no longer emitted over any emission limitation for adequate information to allow the EPA applicable beginning 181 days after which the source failed to meet the to determine the severity of any failure publication of the final rule in the standard, and a description of the to meet a standard, and to provide data Federal Register. method used to estimate the emissions, that may document how the source met examples of such methods would the general duty to minimize emissions vii. 40 CFR 63.8693 Reporting include product-loss calculations, mass when the source has failed to meet an We are proposing to revise the balance calculations, measurements applicable standard. General Provisions table to subpart when available, or engineering We are proposing to revise the LLLLL (Table 7) entry for 40 CFR judgment based on known process General Provisions table to subpart 63.10(d)(5) by changing the ‘‘yes’’ in parameters (e.g., asphalt HAP content LLLLL (Table 7) entry for 40 CFR column 4 to a ‘‘no’’ in which 40 CFR and application rates, and control 63.10(b)(2)(iv) by changing the ‘‘yes’’ in 63.10(d)(5) would no longer be efficiencies). The EPA is proposing this column 4 to a ‘‘no’’ in which 40 CFR applicable beginning 181 days after requirement to ensure that there is 63.10(b)(2)(iv) would no longer be publication of the final rule in the adequate information to determine applicable beginning 181 days after Federal Register. Section 63.10(d)(5) compliance, to allow the EPA to publication of the final rule in the describes the reporting requirements for determine the severity of the failure to

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meet an applicable standard, and to duration of deviations into those that requests comment on the content, provide data that may document how are due to ‘‘startup’’ and ‘‘shutdown’’ layout, and overall design of the the source met the general duty to causes are no longer applicable template. minimize emissions during a failure to beginning 181 days after publication of Additionally, the EPA has identified meet an applicable standard. the final rule in the Federal Register. two broad circumstances in which We will no longer require owners or These categories are no longer needed electronic reporting extensions may be operators to determine whether actions because these periods are proposed to provided. In both circumstances, the taken to correct a malfunction are be considered normal operation, as decision to accept the claim of needing consistent with an SSM plan, because discussed in section IV.E.1.a of this additional time to report is within the plans would no longer be required. The preamble. proposed amendments, therefore, discretion of the Administrator, and eliminate (beginning 181 days after 2. Electronic Reporting Requirements reporting should occur as soon as publication of the final rule in the Through this proposal, the EPA is possible. The EPA is providing these Federal Register) the requirement in proposing that beginning 181 days after potential extensions to protect owners paragraph 5.d at Table 6 to subpart publication of the final rule in the and operators from noncompliance in LLLLL of part 63 and 40 CFR Federal Register, owners and operators cases where they cannot successfully 63.8693(c)(4) that requires reporting of of asphalt processing and asphalt submit a report by the reporting whether the source deviated from its roofing manufacturing facilities submit deadline for reasons outside of their SSM plan, including required actions to electronic copies of required control. The first situation in which an communicate with the Administrator, performance test reports, performance extension may be warranted is due to and the cross reference to 40 CFR evaluation reports, compliance reports, outages of the EPA’s CDX or CEDRI that 63.10(d)(5)(i) that contains the and Notification of Compliance Status precludes an owner or operator from description of the previously required reports through the EPA’s Central Data accessing the system and submitting SSM report format and submittal Exchange (CDX) using the Compliance required reports is addressed in 40 CFR schedule from this section. These and Emissions Data Reporting Interface 63.8693(h). The second situation is due specifications are no longer necessary (CEDRI). A description of the electronic to a force majeure event, which is because the events will be reported in data submission process is provided in defined as an event that will be or has otherwise required reports with similar the memorandum titled Electronic been caused by circumstances beyond format and submittal requirements. Reporting Requirements for New Source the control of the affected facility, its We are proposing to revise the Performance Standards (NSPS) and General Provisions table to subpart contractors, or any entity controlled by National Emission Standards for the affected facility that prevents an LLLLL (Table 7) entry for 40 CFR Hazardous Air Pollutants (NESHAP) 63.10(d)(5) by changing the ‘‘yes’’ in owner or operator from complying with Rules, available in Docket ID No. EPA– the requirement to submit a report column 4 to a ‘‘no’’ in which 40 CFR HQ–OAR–2017–0662. The proposed 63.10(d)(5) would no longer be electronically as required by this rule is rule requires that performance test addressed in 40 CFR 63.8693(i). applicable beginning 181 days after results collected using test methods that Examples of such events are acts of publication of the final rule in the are supported by the EPA’s Electronic nature, acts of war or terrorism, or Federal Register and remove the Reporting Tool (ERT) as listed on the equipment failure or safety hazards requirement in paragraph 6 at Table 6 to ERT website 22 at the time of the test be beyond the control of the facility. Subpart LLLLL of Part 63 for reasons submitted in the format generated discussed above; and because 40 CFR through the use of the ERT, and that The electronic submittal of the reports 63.10(d)(5)(ii) describes an immediate other performance test results be addressed in this proposed rulemaking report for startups, shutdowns, and submitted in portable document format will increase the usefulness of the data malfunctions when a source failed to (PDF) using the attachment module of contained in those reports, is in keeping meet an applicable standard but, did not the ERT. Similarly, performance with current trends in data availability follow the SSM plan. We will no longer evaluation results of continuous and transparency, will further assist in require owners and operators to report monitoring systems measuring relative the protection of public health and the when actions taken during a startup, accuracy test audit pollutants that are environment, will improve compliance shutdown, or malfunction were not supported by the ERT at the time of the consistent with an SSM plan, because by facilitating the ability of regulated test must be submitted in the format plans would no longer be required. facilities to demonstrate compliance We are proposing to make the generated through the use of the ERT with requirements, and by facilitating requirement in 40 CFR 63.8693(d)(4) and other performance evaluation the ability of delegated state, local, that deviation reports specify whether results be submitted in PDF using the tribal, and territorial air agencies and deviation from a standard occurred attachment module of the ERT. the EPA to assess and determine during a period of SSM no longer For compliance reports, the proposed compliance, and will ultimately reduce applicable beginning 181 days after rule requires that owners and operators burden on regulated facilities, delegated publication of the final rule in the use the appropriate spreadsheet air agencies, and the EPA. Electronic Federal Register. This revision is being template to submit information to reporting also eliminates paper-based, proposed due to the proposed removal CEDRI beginning 181 days after manual processes, thereby saving time of the SSM exemption and because, as publication of the final rule in the and resources, simplifying data entry, discussed above in this section, we are Federal Register. A draft version of the eliminating redundancies, minimizing proposing that deviation reports must proposed template for these reports is data reporting errors, and providing data specify the cause of each deviation, included in the docket for this quickly and accurately to the affected rulemaking.23 The EPA specifically which could include a malfunction facilities, air agencies, the EPA, and the period as a cause. Further, we are public. Moreover, electronic reporting is 22 https://www.epa.gov/electronic-reporting-air- proposing to make the requirement in emissions/electronic-reporting-tool-ert. 40 CFR 63.8693(d)(6) that deviation 23 See 40_CFR_Part_63_Subpart_LLLLL_Asphalt_ Semiannual_Spreadsheet_Template_Draft.xlsm, reports must break down the total Processing_and_Asphalt_Roofing_Manufacturing_ available at Docket ID No. EPA-HQ-OAR-2017-0662.

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consistent with the EPA’s plan 24 to temperature and operating life of the comments on proposed revisions to the implement Executive Order 13563 and filter media. NESHAP General Provisions (72 FR 69, is in keeping with the EPA’s Agency- Based on this feedback, the EPA is January 3, 2007), ongoing maintenance wide policy 25 developed in response to proposing to add an option at 40 CFR and checks of control devices are the White House’s Digital Government 63.8689(d) and Table 2 to Subpart necessary in order to ensure emissions Strategy.26 For more information on the LLLLL of Part 63 to allow the use of control technology remains effective.27 benefits of electronic reporting, see the manufacturers’ specifications to To ensure ongoing compliance with the memorandum titled Electronic establish the maximum pressure drop standards, and given these comments Reporting Requirements for New Source across the control device used to from ICAC (suppliers of air pollution Performance Standards (NSPS) and comply with the PM standards. control and monitoring technology) on National Emission Standards for However, although the manufacturers’ the need for vigilance in maintaining Hazardous Air Pollutants (NESHAP) specification for temperature would equipment to stem degradation, the EPA Rules, available in Docket ID No. EPA– normally indicate proper operation of is proposing periodic performance HQ–OAR–2017–0662. the control device, in this rule PM is testing requirements at 40 CFR acting as a surrogate for organic 63.8691(e) for each APCD used to 3. Operating Limits for Control Devices emissions. The particulate in question is comply with the PM, THC, opacity, or Used To Comply With the Particulate condensed asphalt fumes, and formation visible emission standards, in addition Standards of the PM and the emissions of organic to the current one-time initial As part of the CAA section 114 compounds are temperature dependent. performance testing and ongoing request (see section II.C of this Therefore, instead of proposing the use operating limit monitoring. We are preamble), the EPA asked companies for of manufacturers’ specifications for proposing that the performance tests suggestions to improve rule temperature limits, but to still provide must be conducted at least once every implementation or facilitate compliance facilities some flexibility with regard to 5 years. activities. In lieu of the current an appropriate temperature range, the For PM and THC standards, we are requirement for facilities to set EPA is proposing to add a footnote to proposing that owners and operators of operating limits (i.e., the maximum inlet Table 2 to Subpart LLLLL of Part 63 of asphalt processing and asphalt roofing gas temperature and maximum pressure the Asphalt Processing and Asphalt manufacturing facilities would conduct drop across the device) based on levels Roofing Manufacturing NESHAP to three 1-hour (or longer) test runs to measured during a performance test for allow owners and operators to use the measure emissions according to 40 CFR control devices used to comply with the performance test average inlet 63.8687(d), and compliance would be PM standards, several companies temperature and apply an operating determined based on the average of the requested that the EPA allow facilities margin of +20 percent to determine three test runs according to 40 CFR to use manufacturers’ specifications to maximum inlet gas temperature of a 63.7(e)(3). To measure PM, we are establish these site-specific operating control device used to comply with the proposing at Table 3 to Subpart LLLLL limits. These companies pointed out PM standards. For example, during the of Part 63 that owners and operators that the EPA allows owners and three test runs conducted for an owner’s would use EPA Method 5A of appendix operators to use manufacturers’ or operator’s performance test that A to 40 CFR part 60; and for THC specifications in the Asphalt Processing demonstrated compliance with the emissions, we are proposing at Table 3 and Asphalt Roofing Manufacturing area emission limit, if the arithmetic average to Subpart LLLLL of Part 63 that owners source NESHAP at 40 CFR of the device inlet gas temperature and operators would use EPA Method recorded was 100 degrees Fahrenheit 25A of appendix A to 40 CFR part 60 63.11562(b)(3)(iii) for control devices ° other than thermal oxidizers. These ( F), then under this proposed option, (with EPA Methods 3A and 10 if owners companies also asserted that PM control the owner’s or operator’s maximum and operators are complying with the devices achieve compliance with the operating limit for this control device combustion efficiency standards or with would be 120 °F, or +20 percent of EPA Methods 1–4 if meeting the THC PM standards of the Asphalt Processing ° and Asphalt Roofing Manufacturing 100 F. The +20 percent buffer addresses destruction efficiency standards), which NESHAP across a broad range of the high impact of ambient conditions are the methods currently required for temperatures and pressure drops, but it on the inlet temperature and removes the initial compliance demonstration. is difficult to schedule testing dates that some of the scheduling uncertainty To measure opacity, we are proposing at Table 3 to Subpart LLLLL of Part 63 that capture the maximum inlet gas while still accounting for the owners and operators would use EPA temperature and maximum pressure temperature dependence of emissions. Method 9 of appendix A to 40 CFR part drop across the device (i.e., to 4. Ongoing Emissions Compliance 60; and for visible emissions, we are demonstrate compliance across the Demonstrations Using Periodic proposing at Table 3 to Subpart LLLLL entirety of the effective ranges) due to Performance Testing of Part 63 that owners and operators their dependence on ambient As part of an ongoing effort to would use EPA Method 22 of appendix improve compliance with various A to 40 CFR part 60, which are also the 24 The EPA’s Final Plan for Periodic Retrospective Reviews, August 2011. Available at: https:// federal air emission regulations, the methods currently required for the www.regulations.gov/document?D=EPA-HQ-OA- EPA reviewed the compliance initial compliance demonstration. 2011-0156-0154. demonstration requirements in the Finally, we recognize some affected 25 E-Reporting Policy Statement for EPA Asphalt Processing and Asphalt Roofing sources are used infrequently. Regulations, September 2013. Available at: https:// Manufacturing NESHAP. Currently, the Therefore, we are proposing that owners www.epa.gov/sites/production/files/2016–03/ documents/epa-ereporting-policy-statement-2013- results of an initial performance test are and operators would not be required to 09-30.pdf. used to determine compliance with the 26 Digital Government: Building a 21st Century standards; however, the current 27 See Docket Item No. EPA–HQ–OAR–2004– Platform to Better Serve the American People, May NESHAP does not require on-going 0094–0173, available at https:// 2012. Available at: https:// www.regulations.gov. A copy of the ICAC’s obamawhitehouse.archives.gov/sites/default/files/ periodic performance testing. comments on the proposed revisions to the General omb/egov/digital-government/digital- As mentioned by the Institute of Provisions is also included in the docket for this government.html. Clean Air Companies (ICAC) in their action.

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restart an affected source for the sole Method 5A to be $16,500 for the first Review Proposal in Docket ID No. EPA– purpose of complying with the periodic emission point, with an additional cost HQ–OAR–2017–0662. We solicit performance testing. Instead, upon of $11,100 for each additional emission comment on our cost estimates for restart of the affected source, we are point at a facility. We estimated a cost conducting these tests. proposing owners and operators for THC performance testing using EPA conduct the first periodic performance Test Method 25A to range from $16,200 5. Other Corrections (if complying with the concentration test within 60 days of achieving normal There are several additional revisions operating conditions, but no later than standard) to $20,750 (if complying with that we are proposing to 40 CFR part 63, 181 days from startup. an efficiency standard). We estimated a See section IV.F of this preamble for cost for opacity testing using EPA Test subpart LLLLL to clarify text or correct a discussion of when we are proposing Method 9 to be $1,500. Details of these typographical errors, grammatical that the first and subsequent periodic cost estimates are included in the errors, and cross-reference errors. These performance tests must be performed. memorandum titled Cost Impacts of proposed editorial corrections and We estimated a cost for PM Asphalt Processing and Asphalt Roofing clarifications are summarized in Table 4 performance testing using EPA Test Manufacturing Risk and Technology of this preamble.

TABLE 4—SUMMARY OF PROPOSED EDITORIAL AND MINOR CORRECTIONS TO 40 CFR PART 63, SUBPART LLLLL

Provision Proposed revision

40 CFR 63.8681(a) and (f), and 63.8683(c) ...... Remove duplicative cross-reference to definition of major source and point directly to 40 CFR 63.2. 40 CFR 63.8683(d) ...... Clarify which paragraphs of 40 CFR 63.9 are applicable to be consistent with the General Pro- visions table to subpart LLLLL (Table 7). 40 CFR 63.8684 ...... Revise heading to include ‘‘and operating limits’’ to clarify content of 40 CFR 63.8684. 40 CFR 63.8686 ...... Revise heading to include ‘‘initial’’ to clarify content of 40 CFR 63.8686. 40 CFR 63.8686(a) ...... Clarify paragraph is applicable to initial performance tests. 40 CFR 63.8688(f) and 63.8688(h)(1) ...... Clarify which paragraphs of 40 CFR 63.8 are applicable to be consistent with the General Pro- visions table to subpart LLLLL (Table 7). 40 CFR 63.8688(h)(3) ...... Clarify which paragraphs of 40 CFR 63.10 are applicable to be consistent with the General Provisions table to subpart LLLLL (Table 7). Also, for consistency, add references to report- ing and recordkeeping sections of rule. 40 CFR 63.8691 ...... Revise heading to ‘‘How do I conduct periodic performance tests and demonstrate continuous compliance with the emission limits and operating limits?’’ to clarify content of 40 CFR 63.8691. 40 CFR 63.8691(a) ...... Replace the words ‘‘test methods’’ with ‘‘the procedures’’ because Table 5 contains proce- dures not test methods. 40 CFR 63.8692(a) ...... Delete the word ‘‘of.’’ 40 CFR 63.8692(e) ...... Clarify this paragraph is applicable to all compliance demonstrations (not just initial compli- ance demonstrations). 40 CFR 63.8693(d) ...... Clarify paragraph applies to compliance reports. 40 CFR 63.8697(b)(1) ...... Clarify approval of alternatives to the requirements in 40 CFR 63.8684 and 40 CFR 63.8685 are retained by the Administrator of U.S. EPA. 40 CFR 63.8698 ...... Clarify definitions of ‘‘adhesive applicator’’ and ‘‘sealant applicator’’ that open pan-type appli- cators were part of the asphalt roofing manufacturing lines that were considered in the origi- nal MACT analysis, and, thus, subject to the emission limitations. See Docket Item No. EPA–HQ–OAR–2002–0035–0009 titled Documentation of Existing and New Source Max- imum Achievable Control Technology (MACT) Floors for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asphalt Processing and Roofing Manufacturing for descriptions of adhesive and sealant applicators. Paragraph 1 of Table 1 to Subpart LLLLL of Remove the duplicative reference to Group 1 asphalt storage tanks at new and reconstructed Part 63. asphalt roofing manufacturing lines and add the word ‘‘asphalt’’ to the phrasing ‘‘roofing manufacturing lines.’’ Footnote b of Table 1 to Subpart LLLLL of Part Correct reference to paragraph 3.a of Table 1 to Subpart LLLLL of Part 63. 63. Paragraph 4 of Table 2 to Subpart LLLLL of Clarify if owners and operators use other control devices that are neither a combustion device Part 63. or a control device used to comply with the PM emission standards, then row 4 of Table 2 to Subpart LLLLL of Part 63 applies. Footnote a of Table 2 to Subpart LLLLL of Part Correct reference to Table 2 to Subpart LLLLL of Part 63. 63. Footnote c of Table 2 to Subpart LLLLL of Part Replace the word ‘‘of’’ with ‘‘to.’’ 63. Paragraphs 11, 12, and 13 of Table 3 to Sub- Clarify these paragraphs are applicable to all performance testing (not just initial performance part LLLLL of Part 63. testing). Paragraph 13 of Table 3 to Subpart LLLLL of Clarify if owners and operators use other control devices that are neither a combustion device Part 63. or a control device used to comply with the PM emission standards, then row 13 of Table 3 to Subpart LLLLL of Part 63 applies. Footnote a of Table 3 to Subpart LLLLL of Part Correct reference to alternative option that allows results of a previously-conducted emission 63. test to document conformance with the emission standards and operating limits of this sub- part, and clarify this option is only applicable to initial performance testing. Footnote c of Table 3 to Subpart LLLLL of Part Replace the word ‘‘of’’ with ‘‘to.’’ 63.

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TABLE 4—SUMMARY OF PROPOSED EDITORIAL AND MINOR CORRECTIONS TO 40 CFR PART 63, SUBPART LLLLL— Continued

Provision Proposed revision

Table 4 to Subpart LLLLL of Part 63 ...... Clarify table is applicable for both initial and continuous compliance. Also, remove the word ‘‘initial’’ in last column heading to clarify the requirements in the column are applicable to all performance testing (not just initial performance testing). Paragraphs 4 and 5 of Table 4 to Subpart Correct reference to 40 CFR 63.8686. LLLLL of Part 63. Paragraph 4 of Table 5 to Subpart LLLLL of Clarify if owners and operators use other control devices that are neither a combustion device Part 63. or a control device used to comply with the PM emission standards, then row 4 of Table 5 to Subpart LLLLL of Part 63 applies. Footnote a of Table 5 to Subpart LLLLL of Part Correct references to Tables 2 and 5, and references to 40 CFR 63.8690 and 63.8(g)(1) 63. through (4). Footnote d of Table 5 to Subpart LLLLL of Part Replace the word ‘‘of’’ with ‘‘to.’’ 63. Table 7 to Subpart LLLLL of Part 63 ...... Correct typographical error to show that 40 CFR 63.8(d) does apply. Note, the typographical error is inconsistent with 40 CFR 63.8688(h)(2) which says 40 CFR 63.8(d) applies.

F. What compliance dates are we each existing affected source, and each subject to the proposed amendments. A proposing? new and reconstructed affected source complete list of facilities that are For three of the proposed rule that commences construction or currently subject to the MACT standards revisions—changes related to removal of reconstruction after November 21, 2001, is available in Appendix A of the the exemption from the requirements to and on or before [date of publication of memorandum titled Clean Air Act meet the standard during SSM periods, final rule in the Federal Register] that Section 112(d)(6) Review for the Asphalt Processing and Asphalt Roofing changes related to removal of the uses an APCD to comply with the Manufacturing Source Categories, in requirement to develop and implement standards, must conduct the first Docket ID No. EPA–HQ–OAR–2017– an SSM plan, and addition of electronic periodic performance test on or before 0662. reporting requirements—we anticipate [date 3 years after date of publication of that facilities would need 180 days to final rule in the Federal Register] and B. What are the air quality impacts? conduct subsequent periodic comply. This period of time will allow The EPA estimates that annual HAP facilities to read and understand the performance tests no later than 60 months thereafter following the emissions from the eight asphalt amended rule requirements, to evaluate processing and asphalt roofing their operations to ensure that they can previous performance test. For each new and reconstructed affected source that manufacturing facilities that are subject meet the standards during periods of to the NESHAP are approximately 255 startup and shutdown as defined in the commences construction or reconstruction after [date of publication tpy. Because we are not proposing rule and make any necessary revisions to the emission limits, we do adjustments, and to convert reporting of final rule in the Federal Register] that uses an APCD to comply with the not anticipate any air quality impacts as mechanisms to install necessary a result of the proposed amendments. hardware and software. The EPA standards, we are proposing that owners considers a period of 180 days to be the and operators must conduct the first C. What are the cost impacts? most expeditious compliance period periodic performance no later than 60 We estimate that the proposed practicable for these source categories months following the initial amendments will result in a nationwide and, thus, we are proposing that all performance test required by 40 CFR net cost savings of $221,100 over the 5- affected sources must comply with the 63.8689 and conduct subsequent year period following promulgation of revisions to the SSM provisions and periodic performance tests no later than amendments. Because periodic electronic reporting requirements no 60 months thereafter following the performance testing would be required later than 181 days after the effective previous performance test. If owners every 5 years, we estimated and date of the final rule, or upon startup, and operators used the alternative summarized the cost savings over a 5- whichever is later. We specifically seek compliance option specified in 40 CFR year period. The EPA believes that the comment on whether 180 days is 63.8686(b) to comply with the initial eight asphalt processing and asphalt enough time for owners and operators to performance test, then we are proposing roofing manufacturing facilities that are comply with these proposed that they must conduct the first periodic known to be subject to the NESHAP can amendments, and if the proposed time performance no later than 60 months meet the proposed requirements window is not adequate, we request the following the date they demonstrated to without incurring additional capital commenter provide an explanation. the Administrator that the requirements costs. Therefore, the costs associated Also, we are proposing new of 40 CFR 63.8686(b) had been met. with the proposed amendments are requirements to conduct on-going V. Summary of Cost, Environmental, related to recordkeeping and reporting periodic performance testing every 5 and Economic Impacts labor costs and periodic performance years (see section IV.E.4 of this testing. The proposed requirement for preamble). Establishing a compliance A. What are the affected sources? periodic testing of once every 5 years date earlier than 3 years for the first There are four asphalt processing results in an estimated increase in costs periodic performance test can cause facilities, plus another four asphalt of about $92,500 over the 5-year period scheduling issues as affected sources processing facilities collocated with in addition to an estimated cost of about compete for a limited number of testing asphalt roofing manufacturing facilities, $3,300 for reviewing the proposed contractors. Considering these currently operating as major sources of amendments. However, the proposed scheduling issues, we are proposing that HAP. As such, eight facilities will be changes to the monitoring requirements

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for PM control devices result in an improve the risk assessments and other VIII. Statutory and Executive Order estimated cost savings of about $316,900 analyses. We are specifically interested Reviews over the 5-year period. Therefore, in receiving any improvements to the Additional information about these overall, we estimate a net cost savings data used in the site-specific emissions statutes and Executive Orders can be of about $221,100 for the 5-year period. profiles used for risk modeling. Such found at https://www.epa.gov/laws- The proposed amendments to the data should include supporting regulations/laws-and-executive-orders. monitoring requirements are projected documentation in sufficient detail to to alleviate some need for asphalt allow characterization of the quality and A. Executive Order 12866: Regulatory roofing manufacturing facilities to have representativeness of the data or Planning and Review and Executive to retest the PM control device for the information. Section VII of this Order 13563: Improving Regulation and sole purpose of reestablishing new preamble provides more information on Regulatory Review temperature and pressure drop submitting data. This action is not a significant operating limits, and to allow facilities VII. Submitting Data Corrections regulatory action and was, therefore, not to extend filter replacement by 3 submitted to OMB for review. months. For further information on the The site-specific emissions profiles amendments being proposed, see used in the source categories risk and B. Executive Order 13771: Reducing section IV.E of this preamble. For demographic analyses and instructions Regulations and Controlling Regulatory further information on the costs and are available for download on the RTR Costs cost savings associated with the website at https://www3.epa.gov/ttn/ This action is not expected to be an proposed amendments, see the atw/rrisk/rtrpg.html. The data files Executive Order 13771 regulatory action memoranda, Cost Impacts of Asphalt include detailed information for each because this action is not significant Processing and Asphalt Roofing HAP emissions release point for the under Executive Order 12866. Manufacturing Risk and Technology facilities in the source categories. Review Proposal, and Economic Impact C. Paperwork Reduction Act (PRA) If you believe that the data are not Analysis for Asphalt Processing and The information collection activities representative or are inaccurate, please Asphalt Roofing Manufacturing in this proposed rule have been identify the data in question, provide NESHAP RTR Proposal, which are submitted for approval to OMB under your reason for concern, and provide available in the docket for this action. the PRA. The information collection any ‘‘improved’’ data that you have, if We solicit comment on these estimated request (ICR) document that the EPA available. When you submit data, we cost impacts. prepared has been assigned EPA ICR request that you provide documentation number 2029.07. You can find a copy of D. What are the economic impacts? of the basis for the revised values to the ICR in the docket for this rule, and support your suggested changes. To As noted earlier, we estimated a it is briefly summarized here. nationwide cost savings associated with submit comments on the data We are proposing amendments that the proposed requirements over the 5- downloaded from the RTR website, require periodic performance testing, year period following promulgation of complete the following steps: require electronic reporting, remove the these amendments. Therefore, we do not 1. Within the downloaded file, enter malfunction exemption, and impose expect the actions in this proposed suggested revisions to the data fields other revisions that affect reporting and rulemaking to result in business appropriate for that information. recordkeeping for asphalt processing closures, significant price increases, or 2. Fill in the commenter information facilities and asphalt roofing substantial profit loss. For further fields for each suggested revision (i.e., manufacturing facilities. This information on the economic impacts commenter name, commenter information would be collected to associated with the requirements being organization, commenter email address, assure compliance with 40 CFR part 63, proposed, see the memorandum, commenter phone number, and revision subpart LLLLL. Economic Impact Analysis for Asphalt comments). Respondents/affected entities: Processing and Asphalt Roofing 3. Gather documentation for any Owners or operators of asphalt Manufacturing NESHAP RTR Proposal, suggested emissions revisions (e.g., processing facilities and asphalt roofing which is available in the docket for this performance test reports, material manufacturing facilities. action. balance calculations). Respondent’s obligation to respond: Mandatory (40 CFR part 63, subpart E. What are the benefits? 4. Send the entire downloaded file LLLLL). with suggested revisions in Microsoft® The EPA is not proposing changes to Estimated number of respondents: Access format and all accompanying emissions limits, and we estimate the Eight (total). proposed changes (i.e., changes to SSM, documentation to Docket ID No. EPA– Frequency of response: Initial, recordkeeping, reporting, and HQ–OAR–2017–0662 (through the semiannual, and annual. monitoring) are not economically method described in the ADDRESSES Total estimated burden: 69 hours (per significant. Because these proposed section of this preamble). year). Burden is defined at 5 CFR amendments are not considered 5. If you are providing comments on 1320.3(b). economically significant, as defined by a single facility or multiple facilities, Total estimated cost: $53,800 (per Executive Order 12866, and because no you need only submit one file for all year), which includes $46,300 emissions reductions were estimated, facilities. The file should contain all annualized capital and operation and we did not estimate any benefits from suggested changes for all sources at that maintenance costs. reducing emissions. facility (or facilities). We request that all The estimated costs described in this data revision comments be submitted in section of the preamble are entirely VI. Request for Comments the form of updated Microsoft® Excel offset by cost savings that are projected We solicit comments on this proposed files that are generated by the to alleviate some need for asphalt action. In addition to general comments Microsoft® Access file. These files are roofing manufacturing facilities to have on this proposed action, we are also provided on the RTR website at https:// to retest a PM control device for the sole interested in additional data that may www3.epa.gov/ttn/atw/rrisk/rtrpg.html. purpose of reestablishing new

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temperature and pressure drop G. Executive Order 13175: Consultation reviewed all potential standards to operating limits; and allow facilities to and Coordination With Indian Tribal determine the practicality of the VCS for extend filter replacement by 3 months Governments this rule. This review requires (see section V.C of this preamble for This action does not have tribal significant method validation data that details). An agency may not conduct or implications as specified in Executive meet the requirements of EPA Method sponsor, and a person is not required to Order 13175. None of the eight asphalt 301 for accepting alternative methods or respond to, a collection of information processing and asphalt roofing scientific, engineering and policy unless it displays a currently valid OMB manufacturing facilities that have been equivalence to procedures in the EPA control number. The OMB control identified as being affected by this reference methods. The EPA may numbers for the EPA’s regulations in 40 proposed action are owned or operated reconsider determinations of CFR are listed in 40 CFR part 9. by tribal governments or located within impracticality when additional tribal lands. Thus, Executive Order information is available for particular Submit your comments on the 13175 does not apply to this action. VCS. Agency’s need for this information, the No applicable VCS were identified for accuracy of the provided burden H. Executive Order 13045: Protection of EPA Methods 5A and 22. The following estimates, and any suggested methods Children From Environmental Health VCS were identified as acceptable for minimizing respondent burden to Risks and Safety Risks alternatives to the EPA test methods for the EPA using the docket identified at This action is not subject to Executive the purpose of this rule. the beginning of this rule. You may also Order 13045 because it is not The EPA proposes to incorporate by send your ICR-related comments to economically significant as defined in reference the VCS ASTM D7520–2013 OMB’s Office of Information and Executive Order 12866, and because the ‘‘Standard Test Method for Determining Regulatory Affairs via email to OIRA_ EPA does not believe the environmental the Opacity of a Plume in the Outdoor [email protected], Attention: health or safety risks addressed by this Ambient Atmosphere’’ as an acceptable Desk Officer for the EPA. Since OMB is action present a disproportionate risk to alternative to EPA Method 9 with required to make a decision concerning children. This action’s health and risk conditions. During the digital camera the ICR between 30 and 60 days after assessments are contained in sections opacity technique (DCOT) certification receipt, OMB must receive comments no III.A and C and sections IV.A and B of procedure outlined in Section 9.2 of later than June 3, 2019. The EPA will this preamble, and are further ASTM D7520–2013, you or the DCOT documented in the risk report, Residual respond to any ICR-related comments in vendor must present the plumes in front Risk Assessment for the Asphalt the final rule. of various backgrounds of color and Processing and Asphalt Roofing contrast representing conditions D. Regulatory Flexibility Act (RFA) Manufacturing Source Categories in anticipated during field use such as blue Support of the 2018 Risk and sky, trees, and mixed backgrounds I certify that this action will not have Technology Review Proposed Rule, (clouds and/or a sparse tree stand). You a significant economic impact on a available in the docket for this action. must also have standard operating substantial number of small entities I. Executive Order 13211: Actions procedures in place, including daily or under the RFA. This action will not Concerning Regulations That other frequency quality checks, to impose any requirements on small Significantly Affect Energy Supply, ensure the equipment is within entities. There are no small entities Distribution, or Use manufacturing specifications as affected in this regulated industry. See This action is not subject to Executive outlined in Section 8.1 of ASTM the document, Economic Impact D7520–2013. You must follow the Analysis for Asphalt Processing and Order 13211 because it is not a significant regulatory action under recordkeeping procedures outlined in Asphalt Roofing Manufacturing Executive Order 12866. 40 CFR 63.10(b)(1) for the DCOT NESHAP RTR Proposal, available in the certification, compliance report, data docket for this action. J. National Technology Transfer and sheets, and all raw unaltered JPEG Advancement Act (NTTAA) and 1 CFR formatted images used for opacity and E. Unfunded Mandates Reform Act Part 51 certification determination. You or the (UMRA) This rulemaking involves technical DCOT vendor must have a minimum of This action does not contain an standards. Therefore, the EPA four (4) independent technology users unfunded mandate of $100 million or conducted searches for the Asphalt apply the software to determine the more as described in UMRA, 2 U.S.C. Processing and Asphalt Roofing visible opacity of the 300 certification 1531–1538, and does not significantly or Manufacturing NESHAP through the plumes. For each set of 25 plumes, the uniquely affect small governments. The Enhanced National Standards Systems user may not exceed 15-percent opacity of any one reading, and the average action imposes no enforceable duty on Network Database managed by the error must not exceed 7.5-percent any state, local, or tribal governments or American National Standards Institute (ANSI). We also contacted voluntary opacity. This approval does not provide the private sector. consensus standards (VCS) or imply a certification or validation of F. Executive Order 13132: Federalism organizations and accessed and any vendor’s hardware or software. The searched their databases. We conducted onus to maintain and verify the This action does not have federalism searches for EPA Methods 3A, 5A, 9, 10, certification and/or training of the implications. It will not have substantial 22, and 25A of 40 CFR part 60, DCOT camera, software, and operator in direct effects on the states, on the appendix A. During the EPA’s VCS accordance with ASTM D7520–2013 relationship between the national search, if the title or abstract (if and this letter is on the facility, DCOT government and the states, or on the provided) of the VCS described operator, and DCOT vendor. This distribution of power and technical sampling and analytical method is available at ASTM responsibilities among the various procedures that are similar to the EPA’s International, 1850 M Street NW, Suite levels of government. reference method, the EPA reviewed it 1030, Washington, DC 20036. See as a potential equivalent method. We https://www.astm.org/.

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Finally, the search identified 11 other PART 63—NATIONAL EMISSION § 63.8684 What emission limitations and VCS that were potentially applicable for STANDARDS FOR HAZARDOUS AIR operating limits must I meet? this rule in lieu of the EPA reference POLLUTANTS FOR SOURCE ■ 6. Section 63.8685 is amended by methods. After reviewing the available CATEGORIES revising paragraphs (a) through (c) to standards, the EPA determined that 11 read as follows: candidate VCS identified for measuring ■ 1. The authority citation for part 63 continues to read as follows: § 63.8685 What are my general emissions of pollutants or their requirements for complying with this surrogates subject to emission standards Authority: 42 U.S.C. 7401, et seq. subpart? in the rule would not be practical due (a) Before [DATE 181 DAYS AFTER to lack of equivalency, documentation, Subpart A—[Amended] DATE OF PUBLICATION OF FINAL validation data, and other important ■ RULE IN THE Federal Register], you technical and policy considerations. 2. Section 63.14 is amended by must be in compliance with the Additional information for the VCS revising paragraph (h)(95) to read as follows: emission limitations (including search and determinations can be found operating limits) in this subpart at all in the memorandum, Voluntary § 63.14 Incorporations by reference. times, except during periods of startup, Consensus Standard Results for * * * * * shutdown, and malfunction. On and National Emission Standards for (h) * * * after [DATE 181 DAYS AFTER DATE Hazardous Air Pollutants for Asphalt OF PUBLICATION OF FINAL RULE IN (95) ASTM D7520–13, Standard Test Processing and Asphalt Roofing THE Federal Register], you must be in Method for Determining the Opacity of Manufacturing, which is available in the compliance with the emission a Plume in an Outdoor Ambient docket for this action. limitations (including operating limits) Atmosphere, approved December 1, in this subpart at all times, except The EPA welcomes comments on this 2013. IBR approved for §§ 63.1510(f), during periods of nonoperation of the aspect of the proposed rulemaking, and, 63.1511(d), 63.1512(a), 63.1517(b) and affected source (or specific portion specifically, invites the public to 63.1625(b), and table 3 to subpart thereof) resulting in cessation of the identify potentially applicable VCS, and LLLLL. emissions to which this subpart applies. to explain why the EPA should use such * * * * * standards in this regulation. (b) Before [DATE 181 DAYS AFTER Subpart LLLLL—[Amended] DATE OF PUBLICATION OF FINAL K. Executive Order 12898: Federal RULE IN THE Federal Register], you Actions To Address Environmental ■ 3. Section 63.8681 is amended by must always operate and maintain your Justice in Minority Populations and revising paragraph (a) and removing and affected source, including air pollution Low-Income Populations reserving paragraph (f) to read as control and monitoring equipment, follows: according to the provisions in The EPA believes that this action does § 63.6(e)(1)(i). On and after [DATE 181 not have disproportionately high and § 63.8681 Am I subject to this subpart? DAYS AFTER DATE OF PUBLICATION adverse human health or environmental (a) You are subject to this subpart if OF FINAL RULE IN THE Federal effects on minority populations, low- you own or operate an asphalt Register], at all times, you must operate income populations, and/or indigenous processing facility or an asphalt roofing and maintain any affected source, peoples, as specified in Executive Order manufacturing facility, as defined in including associated air pollution 12898 (59 FR 7629, February 16, 1994). § 63.8698, that is a major source as control equipment and monitoring The documentation for this decision defined in § 63.2, or is located at, or is equipment, in a manner consistent with is contained in section IV.A of this part of a major source as defined in safety and good air pollution control preamble and in the technical report, § 63.2. practices for minimizing emissions. The general duty to minimize emissions Risk and Technology Review—Analysis * * * * * of Demographic Factors for Populations does not require you to make any ■ 4. Section 63.8683 is amended by further efforts to reduce emissions if Living Near Asphalt Processing and revising paragraphs (c) and (d) to read levels required by the applicable Asphalt Roofing Manufacturing Source as follows: standard have been achieved. Categories Operations, available in the Determination of whether a source is docket for this action. § 63.8683 When must I comply with this subpart? operating in compliance with operation List of Subjects in 40 CFR Part 63 * * * * * and maintenance requirements will be based on information available to the Environmental protection, Air (c) If you have an area source that Administrator that may include, but is pollution control, Hazardous increases its emissions or its potential to not limited to, monitoring results, substances, Incorporation by reference, emit such that it becomes a (or part of review of operation and maintenance Reporting and recordkeeping a) major source as defined in § 63.2, procedures, review of operation and requirements. then the following requirements apply. maintenance records, and inspection of (d) You must meet the notification Dated: April 16, 2019. the affected source. requirements in § 63.8692 according to (c) Before [DATE 181 DAYS AFTER Andrew R. Wheeler, the schedules in §§ 63.8692 and 63.9(a) DATE OF PUBLICATION OF FINAL Administrator. through (f) and (h). Some of the RULE IN THE Federal Register], you notifications must be submitted before For the reasons stated in the must develop a written startup, you are required to comply with the shutdown, and malfunction plan preamble, the EPA proposes to amend emission limitations in this subpart. title 40, chapter I, part 63 of the Code (SSMP) according to the provisions in ■ 5. Section 63.8684 is amended by § 63.6(e)(3). On and after [DATE 181 of Federal Regulations as follows: revising the section heading to read as DAYS AFTER DATE OF PUBLICATION follows: OF FINAL RULE IN THE Federal

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Register], a startup, shutdown, and ■ 9. Section 63.8688 is amended by or control activities (including, as malfunction plan is not required. revising paragraphs (f) and (h) to read as applicable, calibration checks and * * * * * follows: required zero and span adjustments), ■ 7. Section 63.8686 is amended by: you must monitor continuously (or § 63.8688 What are my monitoring collect data at all required intervals) at ■ a. Revising the section heading; installation, operation, and maintenance ■ b. Revising paragraphs (a) and (b)(3); requirements? all times that the affected source is operating including periods of startup, and * * * * * ■ c. Adding paragraph (b)(4). shutdown, and malfunction when the (f) As an option to installing the affected source is operating. On and The revisions and addition read as CPMS specified in paragraph (a) of this follows: after [DATE 181 DAYS AFTER section, you may install a continuous PUBLICATION OF FINAL RULE IN § 63.8686 By what date must I conduct emissions monitoring system (CEMS) or THE Federal Register], you must initial performance tests or other initial a continuous opacity monitoring system monitor and collect data at all times in compliance demonstrations? (COMS) that meets the applicable accordance with § 63.8685(b), except (a) For existing affected sources, you requirements in § 63.8 according to during periods of nonoperation of the must conduct initial performance tests Table 7 to this subpart and the affected source (or specific portion no later than 180 days after the applicable performance specifications of thereof) resulting in cessation of the compliance date that is specified for 40 CFR part 60, appendix B. emissions to which this subpart applies. your source in § 63.8683 and according * * * * * * * * * * to the provisions in § 63.7(a)(2). (h) In your site-specific monitoring ■ 12. Section 63.8691 is amended by: (b) As an alternative to the plan, you must also address the ■ a. Revising the section heading; requirement specified in paragraph (a) following: ■ b. Revising paragraphs (a), (b), and (d); of this section, you may use the results (1) Ongoing operation and and of a previously-conducted emission test maintenance procedures in accordance ■ c. Adding paragraph (e). to demonstrate compliance with the with the general requirements of The revisions and addition read as emission limitations in this subpart if § 63.8(c)(1)(ii), (c)(3), (c)(4)(ii), (c)(7), follows: and (c)(8); you demonstrate to the Administrator’s § 63.8691 How do I conduct periodic satisfaction that: (2) Ongoing data quality assurance procedures in accordance with the performance tests and demonstrate (1) * * * continuous compliance with the emission (2) * * * general requirements of § 63.8(d); and limitations and operating limits? (3) Ongoing recordkeeping and (3) The control device and process (a) You must demonstrate continuous reporting procedures in accordance with parameter values established during the compliance with each operating limit in §§ 63.8693, 63.8694, and the general previously-conducted emission test are Table 2 to this subpart that applies to requirements of § 63.10(e)(1) and used to demonstrate continuous you according to the procedures (e)(2)(i). compliance with this subpart; and specified in Table 5 to this subpart, and (4) The previously-conducted * * * * * you must conduct performance tests as ■ emission test was completed within the 10. Section 63.8689 is amended by specified in paragraph (e) of this last 5 years. revising paragraph (b) and adding section. paragraph (d) to read as follows: * * * * * (b) Before [DATE 181 DAYS AFTER ■ 8. Section 63.8687 is amended by § 63.8689 How do I demonstrate initial PUBLICATION OF FINAL RULE IN revising paragraph (b) and removing and compliance with the emission limitations? THE Federal Register], you must report reserving paragraph (c) to read as * * * * * each instance in which you did not follows: (b) Except as specified in paragraph meet each operating limit in Table 5 to (d) of this section, you must establish this subpart that applies to you. This § 63.8687 What performance tests, design each site-specific operating limit in includes periods of startup, shutdown, evaluations, and other procedures must I and malfunction. These instances are use? Table 2 to this subpart that applies to you according to the requirements in deviations from the emission limitations * * * * * § 63.8687 and Table 3 to this subpart. in this subpart. These deviations must (b) Each performance test must be be reported according to the conducted under normal operating * * * * * requirements in § 63.8693. On and after conditions and under the conditions (d) For control devices used to [DATE 181 DAYS AFTER DATE OF specified in Table 3 to this subpart. comply with the particulate matter PUBLICATION OF FINAL RULE IN Operations during periods of startup, standards, you may establish the THE Federal Register], you must report shutdown, or nonoperation do not pressure drop across the control device each instance in which you did not constitute representative conditions for operating limit using manufacturers’ meet each operating limit in Table 5 to purposes of conducting a performance specifications in lieu of complying with this subpart that applies to you, except test. You may not conduct performance paragraph (b) of this section. during periods of nonoperation of the ■ 11. Section 63.8690 is amended by tests during periods of malfunction. You affected source (or specific portion revising paragraph (b) to read as follows: must record the process information thereof) resulting in cessation of the that is necessary to document operating § 63.8690 How do I monitor and collect emissions to which this subpart applies. conditions during the test and explain data to demonstrate continuous * * * * * why the conditions represent normal compliance? (d) Before [DATE 181 DAYS AFTER operation. Upon request, you must make * * * * * DATE OF PUBLICATION OF FINAL available to the Administrator such (b) Before [DATE 181 DAYS AFTER RULE IN THE Federal Register], records as may be necessary to PUBLICATION OF FINAL RULE IN consistent with §§ 63.6(e) and 63.7(e)(1), determine the conditions of THE Federal Register], except for deviations that occur during a period of performance tests. monitor malfunctions, associated startup, shutdown, or malfunction are * * * * * repairs, and required quality assurance not violations if you demonstrate to the

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Administrator’s satisfaction that you source for the sole purpose of outlined in §§ 63.8693(h) or (i), as were operating in accordance with complying with paragraph (e)(1) or (2) applicable. § 63.6(e)(1). The Administrator will of this section. Instead, upon restart of (f) If you are using data from a determine whether deviations that occur the affected source, you must conduct previously-conducted emission test to during a period of startup, shutdown, or the first periodic performance test serve as documentation of conformance malfunction are violations, according to within 60 days of achieving normal with the emission standards and the provisions in § 63.6(e). On and after operating conditions but no later than operating limits of this subpart as [date 181 days after date of publication 180 days from startup. You must specified in § 63.8686(b), you must of final rule in the Federal Register], conduct subsequent periodic submit the test data in lieu of the initial this paragraph no longer applies. performance tests no later than 60 performance test results with the (e) For each control device used to months thereafter following the Notification of Compliance Status comply with the PM, THC, opacity, or previous performance test. required under paragraph (e) of this visible emission standards of this ■ 13. Section 63.8692 is amended by section. subpart, you must conduct periodic revising paragraphs (a), (e), and (f) to ■ 14. Section 63.8693 is amended by: performance tests using the applicable read as follows: ■ a. Adding paragraph (b)(6); procedures specified in § 63.8687 and ■ b. Revising paragraphs (c)(4) and Table 4 to this subpart to demonstrate § 63.8692 What notifications must I submit (c)(5), (d)(1) through (d)(4), and (d)(6); compliance with § 63.8684(a), and to and when? ■ c. Adding paragraph (d)(13); confirm or reestablish the operating (a) You must submit all the ■ d. Revising paragraph (f); and limits required by § 63.8684(b). You notifications in §§ 63.6(h)(4) and (5), ■ e. Adding paragraphs (g) through (i). must conduct periodic performance 63.7(b) and (c), 63.8(f), and 63.9(b) The revisions and additions read as tests according to the schedule specified through (f) and (h) that apply to you by follows: in paragraphs (e)(1) through (3) of this the dates specified. § 63.8693 What reports must I submit and section. * * * * * when? (1) Except as specified in paragraph (e)(3) of this section, for each existing (e) If you are required to conduct a * * * * * affected source, and for each new and performance test, design evaluation, (b) * * * reconstructed affected source that opacity observation, visible emission (6) On and after [DATE 181 DAYS commences construction or observation, or other compliance AFTER DATE OF PUBLICATION OF reconstruction after November 21, 2001 demonstration as specified in Table 3 or FINAL RULE IN THE Federal Register], and on or before [DATE OF 4 to this subpart, you must submit a you must submit all compliance reports PUBLICATION OF FINAL RULE IN Notification of Compliance Status to EPA via the CEDRI, which can be THE Federal Register], you must according to § 63.9(h)(2)(ii). You must accessed through EPA’s CDX (https:// conduct the first periodic performance submit the Notification of Compliance cdx.epa.gov/). You must use the test on or before [DATE 3 YEARS Status, including the performance test appropriate electronic report template AFTER DATE OF PUBLICATION OF results, before the close of business on on the CEDRI website (https:// FINAL RULE IN THE Federal Register] the 60th calendar day following the www.epa.gov/electronic-reporting-air- and conduct subsequent periodic completion of the performance test emissions/compliance-and-emissions- performance tests no later than 60 according to § 63.10(d)(2). On and after data-reporting-interface-cedri) for this months thereafter following the [DATE 181 DAYS AFTER DATE OF subpart. The date report templates previous performance test. PUBLICATION OF FINAL RULE IN become available will be listed on the (2) Except as specified in paragraph THE Federal Register], you must submit CEDRI website. The report must be (e)(3) of this section, for each new and all subsequent Notification of submitted by the deadline specified in reconstructed affected source that Compliance Status reports to EPA via this subpart, regardless of the method in commences construction or the Compliance and Emissions Data which the report is submitted. If you reconstruction after [DATE OF Reporting Interface (CEDRI), which can claim some of the information required PUBLICATION OF FINAL RULE IN be accessed through EPA’s Central Data to be submitted via CEDRI is CBI, THE Federal Register], you must Exchange (CDX) (https://cdx.epa.gov/). submit a complete report, including conduct the first periodic performance If you claim some of the information information claimed to be CBI, to EPA. no later than 60 months following the required to be submitted via CEDRI is The report must be generated using the initial performance test required by confidential business information (CBI), appropriate form on the CEDRI website § 63.8689 and conduct subsequent then submit a complete report, or an alternate electronic file consistent periodic performance tests no later than including information claimed to be with the extensible markup language 60 months thereafter following the CBI, to EPA. Submit the file on a (XML) schema listed on the CEDRI previous performance test. If you used compact disc, flash drive, or other website. Submit the file on a compact the alternative compliance option commonly used electronic storage disc, flash drive, or other commonly specified in § 63.8686(b) to comply with medium and clearly mark the medium used electronic storage medium and the initial performance test, then you as CBI. Mail the electronic medium to clearly mark the medium as CBI. Mail must conduct the first periodic U.S. EPA/OAQPS/CORE CBI Office, the electronic medium to U.S. EPA/ performance no later than 60 months Attention: Group Leader, Measurement OAQPS/CORE CBI Office, Attention: following the date you demonstrated to Policy Group, MD C404–02, 4930 Old Group Leader, Measurement Policy the Administrator that the requirements Page Rd., Durham, NC 27703. The same Group, MD C404–02, 4930 Old Page Rd., of § 63.8686(b) had been met. file with the CBI omitted must be Durham, NC 27703. The same file with (3) If an affected source is not submitted to EPA via EPA’s CDX as the CBI omitted must be submitted to operating on the dates the periodic described earlier in this paragraph. You EPA via EPA’s CDX as described earlier performance test is required to be may assert a claim of EPA system outage in this paragraph. You may assert a conducted as specified in paragraph or force majeure for failure to timely claim of EPA system outage or force (e)(1) or (2) of this section, then you are comply with this reporting requirement majeure for failure to timely comply not required to restart the affected provided you meet the requirements with this reporting requirement

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provided you meet the requirements (ii) The cause of the deviation electronic file consistent with the XML outlined in §§ 63.8693(h) or (i), as (including unknown cause, if schema listed on EPA’s ERT website. applicable. applicable); and Submit the ERT generated package or (c) * * * (iii) Any corrective actions taken to alternative file to EPA via CEDRI. (4) Before [DATE 181 DAYS AFTER return the affected unit to its normal or (3) CBI. If you claim some of the DATE OF PUBLICATION OF FINAL usual manner of operation. information submitted under paragraph RULE IN THE Federal Register], if you * * * * * (a)(1) of this section is CBI, you must had a startup, shutdown or malfunction (6) Before [DATE 181 DAYS AFTER submit a complete file, including during the reporting period and you DATE OF PUBLICATION OF FINAL information claimed to be CBI, to EPA. The file must be generated through the took actions consistent with your SSMP, RULE IN THE Federal Register], a use of EPA’s ERT or an alternate the compliance report must include the breakdown of the total duration of the electronic file consistent with the XML information in § 63.10(d)(5)(i). On and deviations during the reporting period schema listed on EPA’s ERT website. after [DATE 181 DAYS AFTER DATE into those that are due to startup, Submit the file on a compact disc, flash OF PUBLICATION OF FINAL RULE IN shutdown, control equipment problems, drive, or other commonly used THE Federal Register], this paragraph process problems, other known causes, electronic storage medium and clearly no longer applies. and other unknown causes. On and after [DATE 181 DAYS AFTER DATE OF mark the medium as CBI. Mail the (5) For each reporting period, you electronic medium to U.S. EPA/OAQPS/ must include in the compliance report PUBLICATION OF FINAL RULE IN THE Federal Register], a breakdown of CORE CBI Office, Attention: Group the total number of deviations that Leader, Measurement Policy Group, MD occurred during the reporting period. If the total duration of the deviations during the reporting period into those C404–02, 4930 Old Page Rd., Durham, there are no deviations from any NC 27703. The same file with the CBI emission limitations (emission limit, that are due to control equipment problems, process problems, other omitted must be submitted to EPA via operating limit, opacity limit, and EPA’s CDX as described in paragraph visible emission limit) that apply to you, known causes, and other unknown causes. (f)(1) of this section. then you must include a statement that (g) On and after [DATE 181 DAYS there were no deviations from the * * * * * AFTER DATE OF PUBLICATION OF emission limitations during the (13) On and after [DATE 181 DAYS FINAL RULE IN THE Federal Register], reporting period. AFTER DATE OF PUBLICATION OF within 60 days after the date of (d) * * * FINAL RULE IN THE Federal Register], completing each continuous monitoring for each deviation from an emission (1) The start date, start time, and system (CMS) performance evaluation limitation in § 63.8684, you must duration of each malfunction. (as defined in § 63.2) as specified in include an estimate of the quantity of (2) For each instance that the CPMS, your site-specific monitoring plan, you each regulated pollutant emitted over must submit the results of the CEMS, or COMS was inoperative, any emission limitation in § 63.8684, except for zero (low-level) and high- performance evaluation following the and a description of the method used to procedures specified in paragraphs level checks, the start date, start time, estimate the emissions. and duration that the CPMS, CEMS, or (g)(1) through (3) of this section. COMS was inoperative; the cause * * * * * (1) Performance evaluations of CMS (f) On and after [DATE 181 DAYS (including unknown cause) for the measuring relative accuracy test audit AFTER DATE OF PUBLICATION OF CPMS, CEMS, or COMS being (RATA) pollutants that are supported by FINAL RULE IN THE Federal Register], inoperative; and descriptions of EPA’s ERT as listed on EPA’s ERT within 60 days after the date of corrective actions taken. website at the time of the evaluation. completing each performance test Submit the results of the performance (3) For each instance that the CPMS, required by this subpart, you must evaluation to EPA via CEDRI, which can CEMS, or COMS was out-of-control as submit the results of the performance be accessed through EPA’s CDX. The specified in § 63.8(c)(7), the start date, test following the procedures specified data must be submitted in a file format start time, and duration that the CPMS, in paragraphs (f)(1) through (3) of this generated through the use of EPA’s ERT. CEMS, or COMS was out-of-control, section. Alternatively, you may submit an including the information in (1) Data collected using test methods electronic file consistent with the XML § 63.8(c)(8). supported by EPA’s Electronic Reporting schema listed on EPA’s ERT website. (4) Before [DATE 181 DAYS AFTER Tool (ERT) as listed on EPA’s ERT (2) Performance evaluations of CMS DATE OF PUBLICATION OF FINAL website (https://www.epa.gov/ measuring RATA pollutants that are not RULE IN THE Federal Register], the electronic-reporting-air-emissions/ supported by EPA’s ERT as listed on start date, start time, and duration of the electronic-reporting-tool-ert) at the time EPA’s ERT website at the time of the deviation, and whether each deviation of the test. Submit the results of the evaluation. The results of the occurred during a period of startup, performance test to EPA via the CEDRI, performance evaluation must be shutdown, or malfunction or during which can be accessed through EPA’s included as an attachment in the ERT or another period. On and after [DATE 181 CDX (https://cdx.epa.gov/). The data an alternate electronic file consistent DAYS AFTER DATE OF PUBLICATION must be submitted in a file format with the XML schema listed on EPA’s OF FINAL RULE IN THE Federal generated through the use of EPA’s ERT. ERT website. Submit the ERT generated Register], the start date, start time, and Alternatively, you may submit an package or alternative file to EPA via duration of the deviation including a electronic file consistent with the XML CEDRI. description of the deviation and the schema listed on EPA’s ERT website. (3) CBI. If you claim some of the actions you took to minimize emissions (2) Data collected using test methods information submitted under paragraph in accordance with § 63.8685(b). You that are not supported by EPA’s ERT as (g)(1) of this section is CBI, you must must also include: listed on EPA’s ERT website at the time submit a complete file, including (i) A list of the affected sources or of the test. The results of the information claimed to be CBI, to EPA. equipment for which the deviation performance test must be included as an The file must be generated through the occurred; attachment in the ERT or an alternate use of EPA’s ERT or an alternate

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electronic file consistent with the XML assert a claim of force majeure, you Register], this paragraph no longer schema listed on EPA’s ERT website. must meet the requirements outlined in applies. Submit the file on a compact disc, flash paragraphs (i)(1) through (5) of this * * * * * drive, or other commonly used section. (e) Any records required to be electronic storage medium and clearly (1) You may submit a claim if a force maintained by this part that are mark the medium as CBI. Mail the majeure event is about to occur, occurs, submitted electronically via EPA’s electronic medium to U.S. EPA/OAQPS/ or has occurred or there are lingering CEDRI may be maintained in electronic CORE CBI Office, Attention: Group effects from such an event within the format. This ability to maintain Leader, Measurement Policy Group, MD period of time beginning five business electronic copies does not affect the C404–02, 4930 Old Page Rd., Durham, days prior to the date the submission is requirement for facilities to make NC 27703. The same file with the CBI due. For the purposes of this section, a records, data, and reports available omitted must be submitted to EPA via force majeure event is defined as an upon request to a delegated air agency EPA’s CDX as described in paragraph event that will be or has been caused by or EPA as part of an on-site compliance (g)(1) of this section. circumstances beyond the control of the evaluation. (h) If you are required to affected facility, its contractors, or any ■ 16. Section 63.8697 is amended by electronically submit a report through entity controlled by the affected facility revising paragraph (b)(1) to read as CEDRI in EPA’s CDX, you may assert a that prevents you from complying with follows: claim of EPA system outage for failure the requirement to submit a report to timely comply with the reporting § 63.8697 Who implements and enforces electronically within the time period this subpart? requirement. To assert a claim of EPA prescribed. Examples of such events are system outage, you must meet the acts of nature (e.g., hurricanes, * * * * * requirements outlined in paragraphs earthquakes, or floods), acts of war or (b) * * * (1) Approval of alternatives to the (h)(1) through (7) of this section. terrorism, or equipment failure or safety requirements in § § 63.8681, 63.8682, (1) You must have been or will be hazard beyond the control of the 63.8683, 63.8684, 63.8685, 63.8686, precluded from accessing CEDRI and affected facility (e.g., large scale power 63.8687, 63.8688, 63.8689, 63.8690, and submitting a required report within the outage). 63.8691. time prescribed due to an outage of (2) You must submit notification to either EPA’s CEDRI or CDX systems. the Administrator in writing as soon as * * * * * ■ 17. Section 63.8698 is amended by (2) The outage must have occurred possible following the date you first revising the definitions of ‘‘Adhesive within the period of time beginning five knew, or through due diligence should applicator,’’ ‘‘Deviation,’’ and ‘‘Sealant business days prior to the date that the have known, that the event may cause applicator’’ to read as follows: submission is due. or has caused a delay in reporting. (3) The outage may be planned or unplanned. (3) You must provide to the § 63.8698 What definitions apply to this subpart? (4) You must submit notification to Administrator: the Administrator in writing as soon as (i) A written description of the force * * * * * possible following the date you first majeure event; Adhesive applicator means the knew, or through due diligence should (ii) A rationale for attributing the equipment that uses open pan-type have known, that the event may cause delay in reporting beyond the regulatory application (e.g., a roller partially or has caused a delay in reporting. deadline to the force majeure event; submerged in an open pan of adhesive) (5) You must provide to the (iii) Measures taken or to be taken to to apply adhesive to roofing shingles for Administrator a written description minimize the delay in reporting; and producing laminated or dimensional roofing shingles. identifying: (iv) The date by which you propose to (i) The date(s) and time(s) when CDX report, or if you have already met the * * * * * or CEDRI was accessed and the system reporting requirement at the time of the Deviation means any instance in was unavailable; notification, the date you reported. which an affected source subject to this subpart, or an owner or operator of such (ii) A rationale for attributing the (4) The decision to accept the claim delay in reporting beyond the regulatory a source: of force majeure and allow an extension (1) Fails to meet any requirement or deadline to EPA system outage; to the reporting deadline is solely (iii) Measures taken or to be taken to obligation established by this subpart within the discretion of the minimize the delay in reporting; and including, but not limited to, any (iv) The date by which you propose to Administrator. emission limitation (including any report, or if you have already met the (5) In any circumstance, the reporting operating limit), or work practice reporting requirement at the time of the must occur as soon as possible after the standard; notification, the date you reported. force majeure event occurs. (2) Fails to meet any term or condition (6) The decision to accept the claim ■ 15. Section 63.8694 is amended by that is adopted to implement an of EPA system outage and allow an revising paragraph (a)(2) and adding applicable requirement in this subpart, extension to the reporting deadline is paragraph (e) to read as follows: and that is included in the operating solely within the discretion of the permit for any affected source required § 63.8694 What records must I keep? Administrator. to obtain such a permit; or (7) In any circumstance, the report (a) * * * (3) Before [DATE 181 DAYS AFTER must be submitted electronically as (2) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL soon as possible after the outage is DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], fails to resolved. RULE IN THE Federal Register], the meet any emission limitation (including (i) If you are required to electronically records in § 63.6(e)(3)(iii) through (v) any operating limit) or work practice submit a report through CEDRI in EPA’s related to startup, shutdown, and standard in this subpart during startup, CDX, you may assert a claim of force malfunction. On and after [DATE 181 shutdown, or malfunction, regardless of majeure for failure to timely comply DAYS AFTER DATE OF PUBLICATION whether or not such failure is permitted with the reporting requirement. To OF FINAL RULE IN THE Federal by this subpart. On and after [DATE 181

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DAYS AFTER DATE OF PUBLICATION Sealant applicator means the overlapping pieces of roofing product OF FINAL RULE IN THE Federal equipment that uses open pan-type after they have been applied. Register], this paragraph no longer application (e.g., a roller partially * * * * * applies. submerged in an open pan of sealant) to ■ 18. Table 1 to Subpart LLLLL of Part * * * * * apply a sealant strip to a roofing 63 is amended by revising row 1 and product. The sealant strip is used to seal footnote b to read as follows:

TABLE 1 TO SUBPART LLLLL OF PART 63—EMISSION LIMITATIONS

For— You must meet the following emission limitation—

1. Each blowing still, Group 1 asphalt loading rack, and Group 1 as- a. Reduce total hydrocarbon mass emissions by 95 percent, or to a phalt storage tank at existing, new, and reconstructed asphalt proc- concentration of 20 ppmv, on a dry basis corrected to 3 percent oxy- essing facilities; and each Group 1 asphalt storage tank at existing, gen; new, and reconstructed asphalt roofing manufacturing lines; and b. Route the emissions to a combustion device achieving a combustion each coating mixer, saturator (including wet looper), coater, sealant efficiency of 99.5 percent; applicator, and adhesive applicator at new and reconstructed asphalt c. Route the emissions to a combustion device that does not use auxil- roofing manufacturing lines. iary fuel achieving a total hydrocarbon (THC) destruction efficiency of 95.8 percent; d. Route the emissions to a boiler or process heater with a design heat input capacity of 44 megawatts (MW) or greater; e. Introduce the emissions into the flame zone of a boiler or process heater; or f. Route emissions to a flare meeting the requirements of § 63.11(b).

******* ******* b The opacity limit can be exceeded for one consecutive 15-minute period in any 24-hour period when the storage tank transfer lines are being cleared. During this 15-minute period, the control device must not be bypassed. If the emissions from the asphalt storage tank are ducted to the saturator control device, the combined emissions from the saturator and storage tank must meet the 20 percent opacity limit (specified in 3.a of Table 1 to this subpart) during this 15-minute period. At any other time, the opacity limit applies to Group 2 asphalt storage tanks.

■ 19. Table 2 to Subpart LLLLL of Part ■ b. Revising footnotes a and c; and The revisions and addition read as 63 is amended by: ■ c. Adding footnote d. follows: ■ a. Revising rows 3 and 4;

TABLE 2 TO SUBPART LLLLL OF PART 63—OPERATING LIMITS

For— You must a—

******* 3. Control devices used to comply with the particulate matter standards a. Maintain the 3-hour average b inlet gas temperature at or below the operating limit established during the performance test; d and b. Maintain the 3-hour average b pressure drop across the device c at or below either the operating limit established during the perform- ance test, or as an alternative, according to manufacturer’s specifica- tions. 4. Other control devices that are neither a combustion device or a con- Maintain the approved monitoring parameters within the operating lim- trol device used to comply with the particulate matter emission stand- its established during the performance test. ards. a The operating limits specified in Table 2 to this subpart are applicable if you are monitoring control device operating parameters to dem- onstrate continuous compliance. If you are using a CEMS or COMS, you must maintain emissions below the value established during the initial performance test. ******* c As an alternative to monitoring the pressure drop across the control device, owners or operators using an ESP to achieve compliance with the emission limits specified in Table 1 to this subpart can monitor the voltage to the ESP. If this option is selected, the ESP voltage must be maintained at or above the operating limit established during the performance test. d The inlet gas temperature operating limit is set at +20 percent of the test run average inlet gas temperature measured during the perform- ance test.

■ 20. Table 3 to Subpart LLLLL of Part ■ b. Revising footnotes a and c; and The revisions and addition read as 63 is amended by: ■ c. Adding footnote d. follows: ■ a. Revising rows 1, 7, and 11 through 13;

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TABLE 3 TO SUBPART LLLLL OF PART 63—REQUIREMENTS FOR PERFORMANCE TESTS ab

For— You must— Using— According to the following requirements—

1. All particulate matter, a. Select sampling port’s i. EPA test method 1 or 1A A. For demonstrating compliance with the total hydro- total hydrocarbon, carbon location and the number in appendix A to part 60 carbon percent reduction standard, the sampling monoxide, and carbon di- of traverse points. of this chapter. sites must be located at the inlet and outlet of the oxide emission tests. control device prior to any releases to the atmos- phere. B. For demonstrating compliance with the particulate matter mass emission rate, THC destruction effi- ciency, THC outlet concentration, or combustion effi- ciency standards, the sampling sites must be located at the outlet of the control device prior to any re- leases to the atmosphere.

******* 7. All opacity tests ...... Conduct opacity observa- EPA test method 9 in ap- Conduct opacity observations for at least 3 hours and tions. pendix A to part 60 of obtain 30, 6-minute averages. this chapter, or ASTM D7520–2013 (incor- porated by reference, see § 63.14) d.

******* 11. Each combustion de- Establish a site-specific Data from the CPMS and You must collect combustion zone temperature data vice. combustion zone tem- the applicable perform- every 15 minutes during the entire period of the 3- perature limit. ance test method(s). hour performance test, and determine the average combustion zone temperature over the 3-hour per- formance test by computing the average of all of the 15-minute readings. 12. Each control device Establish a site-specific Data from the CPMS and You must collect the inlet gas temperature and pres- used to comply with the inlet gas temperature the applicable perform- sure drop b data every 15 minutes during the entire particulate matter emis- limit; and establish a ance test method(s). period of the 3-hour performance test, and deter- sion standards. site-specific limit for the mine the average inlet gas temperature and pres- pressure drop across the sure drop c over the 3-hour performance test by device. computing the average of all of the 15-minute read- ings. 13. Each control device Establish site-specific mon- Process data and data You must collect monitoring parameter data every 15 that is neither a combus- itoring parameters. from the CPMS and the minutes during the entire period of the 3-hour per- tion device nor a control applicable performance formance test, and determine the average moni- device used to comply test method(s). toring parameter values over the 3-hour performance with the particulate mat- test by computing the average of all of the 15-minute ter emission standards. readings.

******* a For initial performance tests, as specified in § 63.8686(b), you may request that data from a previously-conducted emission test serve as doc- umentation of conformance with the emission standards and operating limits of this subpart. ******* c As an alternative to monitoring the pressure drop across the control device, owners or operators using an ESP to achieve compliance with the emission limits specified in Table 1 to this subpart can monitor the voltage to the ESP. d If you use ASTM D7520–2013 in lieu of EPA test method 9, then you must comply with the conditions specified in this paragraph. During the digital camera opacity technique (DCOT) certification procedure outlined in Section 9.2 of ASTM D7520–2013, you or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed backgrounds (clouds and/or a sparse tree stand). You must also have standard operating procedures in place including daily or other frequency quality checks to ensure the equipment is within manufacturing specifications as outlined in Section 8.1 of ASTM D7520–2013. You must follow the record keeping procedures outlined in § 63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw unaltered JPEGs used for opacity and certification determination. You or the DCOT vendor must have a minimum of four (4) independent tech- nology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not ex- ceed 15% opacity of any one reading and the average error must not exceed 7.5% opacity. This approval does not provide or imply a certifi- cation or validation of any vendor’s hardware or software. The onus to maintain and verify the certification and/or training of the DCOT camera, software and operator in accordance with ASTM D7520–2013 and this letter is on the facility, DCOT operator, and DCOT vendor.

■ 21. Table 4 to Subpart LLLLL of Part ■ b. Revising the fourth column The revisions read as follows: 63 is amended by: heading; and ■ a. Revising the table title; ■ c. Revising rows 4 and 5.

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TABLE 4 TO SUBPART LLLLL OF PART 63—INITIAL AND CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS

For— For the following emission limitation— You have demonstrated compliance if—

******* 4. Each saturator (including wet looper) and a. Limit visible emissions from the emissions The visible emissions, measured using EPA coater at an existing, new, or reconstructed capture system to 20 percent of any period test method 22, for any period of consecu- asphalt roofing manufacturing line. of consecutive valid observations totaling 60 tive valid observations totaling 60 minutes minutes. during the initial compliance period de- scribed in § 63.8686 do not exceed 20 per- cent. b. Limit opacity emissions to 20 percent ...... The opacity, measured using EPA test method 9, for each of the first 30 6-minute averages during the initial compliance period de- scribed in § 63.8686 does not exceed 20 percent. 5. Each Group 2 asphalt storage tank at exist- Limit exhaust gases to 0 percent opacity ...... The opacity, measured using EPA test method ing, new, and reconstructed asphalt proc- 9, for each of the first 30 6-minute averages essing facilities and asphalt roofing manu- during the initial compliance period de- facturing lines. scribed in § 63.8686 does not exceed 0 per- cent.

* * * * * 4 and revising footnotes a and d to read ■ 22. Table 5 to Subpart LLLLL of Part as follows: 63 is amended by revising rows 3 and

TABLE 5 TO SUBPART LLLLL OF PART 63—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS a

You must demonstrate continuous compliance For— For the following operating limit— by—

******* 3. Control devices used to comply with the a. Maintain the 3-hour c average inlet gas tem- i. Passing the emissions through the control particulate matter emission standards. perature and pressure drop across device d device; and at or below the operating limits established ii. Collecting the inlet gas temperature and during the performance test. pressure drop d data according to § 63.8688(b) and (c); and iii. Reducing inlet gas temperature and pres- sure drop d data to 3-hour c averages ac- cording to calculations in Table 3 to this subpart; and iv. Maintaining the 3-hour c average inlet gas temperature and pressure drop d within the level established during the performance test. 4. Other control devices that are neither a a. Maintain the monitoring parameters within i. Passing the emissions through the devices; combustion device nor a control device used the operating limits established during the ii. Collecting the monitoring parameter data to comply with the particulate matter emis- performance test. according to § 63.8688(d); and sion standards. iii. Reducing the monitoring parameter data to 3-hour c averages according to calculations in Table 3 to this subpart; and iv. Maintaining the monitoring parameters with- in the level established during the perform- ance test. a The operating limits specified in Table 2 to this subpart and the requirements specified in Table 5 to this subpart are applicable if you are monitoring control device operating parameters to demonstrate continuous compliance. If you use a CEMS or COMS to demonstrate compliance with the emission limits, you are not required to record control device operating parameters. However, you must maintain emissions below the value established during the initial performance test. Data from the CEMS and COMS must be reduced as specified in § § 63.8690 and 63.8(g)(1) through (4). ******* d As an alternative to monitoring the pressure drop across the control device, owners or operators using an ESP to achieve compliance with the emission limits specified in Table 1 to this subpart can monitor the voltage to the ESP. If this option is selected, the ESP voltage must be maintained at or above the operating limit established during the performance test.

■ 23. Table 6 to Subpart LLLLL of Part and 6 and adding row 7 to read as 63 is amended by revising rows 4, 5, follows:

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TABLE 6 TO SUBPART LLLLL OF PART 63—REQUIREMENTS FOR REPORTS

You must submit— The report must contain— You must submit the report—

******* 4. Notification of compliance status ...... The information in § 63.9(h)(2) through (5), as According to the requirements in applicable. §§ 63.8692(e) and 63.9(h)(2) through (5), as applicable. 5. A compliance report ...... a. A statement that there were no deviations Semiannually according to the requirements in from the emission limitations during the re- § 63.8693(b). porting period, if there are no deviations from any emission limitations (emission limit, operating limit, opacity limit, and visible emission limit) that apply to you. b. If there were no periods during which the Semiannually according to the requirements in CPMS, CEMS, or COMS was out-of-control § 63.8693(b). as specified in § 63.8(c)(7), a statement that there were no periods during which the CPMS, CEMS, or COMS was out-of-control during the reporting period. c. If you have a deviation from any emission Semiannually according to the requirements in limitation (emission limit, operating limit, § 63.8693(b). opacity limit, and visible emission limit), the report must contain the information in § 63.8693(c) and (d). d. Before [date 181 days after date of publica- Semiannually according to the requirements in tion of final rule in the Federal Register], if § 63.8693(b). you had a startup, shutdown or malfunction during the reporting period and you took ac- tions consistent with your startup, shutdown, and malfunction plan, the compliance report must include the information in § 63.10(d)(5)(i). On and after [date 181 days after date of publication of final rule in the Federal Register], this paragraph no longer applies. 6. An immediate startup, shutdown, and mal- The information in §63.10(d)(5)(ii) ...... By fax or telephone within 2 working days function report if you have a startup, shut- after starting actions inconsistent with the down, or malfunction during the reporting plan followed by a letter within 7 working period before [date 181 days after date of days after the end of the event unless you publication of final rule in the Federal Reg- have made alternative arrangements with ister], and actions taken were not consistent the permitting authority. with your startup, shutdown, and malfunction plan. On and after [date 181 days after date of publication of final rule in the Federal Register], this paragraph no longer applies. 7. Performance test report ...... The information in § 63.7 ...... Within 60 days after completion of the per- formance test according to the requirements in § 63.8693(f).

■ 24. Table 7 to Subpart LLLLL of Part 63.8(c)(1)(ii), 63.8(c)(1)(iii), 63.8(d), 63.10(b)(2)(iii), 63.10(b)(2)(iv), and 63 is amended by: 63.10(b)(2)(i), and 63.10(d)(5); 63.10(b)(2)(v); and ■ ■ a. Revising the rows for ■ b. Adding rows for §§ 63.6(e)(1)(ii) c. Removing the row for § 63.8(c)(1). §§ 63.6(e)(1)(i), 63.6(e)(3), 63.6(f)(1), and (iii), 63.7(e)(4), 63.10(b)(2)(ii), The revisions and additions read as 63.6(h)(1), 63.7(e)(1), 63.8(c)(1)(i), follows:

TABLE 7 TO SUBPART LLLLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART LLLLL

Citation Subject Brief description Applies to subpart LLLLL

******* § 63.6(e)(1)(i) ...... Operation & Maintenance ...... Operate to minimize emissions at Yes before [date 181 days after all times. date of publication of final rule in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register]. See § 63.8685(b) for general duty re- quirement.

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TABLE 7 TO SUBPART LLLLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART LLLLL—Continued

Citation Subject Brief description Applies to subpart LLLLL

§ 63.6(e)(1)(ii) ...... Operation & Maintenance ...... Correct malfunctions as soon as Yes before [date 181 days after practicable. date of publication of final rule in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register]. § 63.6(e)(1)(iii) ...... Operation & Maintenance...... Operation and maintenance re- Yes. quirements independently en- forceable; information Adminis- trator will use to determine if operation and maintenance re- quirements were met.

******* § 63.6(e)(3) ...... Startup, Shutdown, and Malfunc- 1. Requirement for SSM and start- Yes before [date 181 days after tion (SSM) Plan (SSMP). up, shutdown, malfunction plan. date of publication of final rule 2. Content of SSMP. in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register]. § 63.6(f)(1) ...... Compliance Except During SSM .. You must comply with emission Yes before [date 181 days after standards at all times except date of publication of final rule during SSM. in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register].

******* § 63.6(h)(1) ...... Compliance with Opacity/VE You must comply with opacity/VE Yes before [date 181 days after Standards. emission limitations at all times date of publication of final rule except during SSM. in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register]. § 63.7(e)(1) ...... Conditions for Conducting Per- 1. Performance tests must be Yes. before [date 181 days after formance Tests. conducted under representative date of publication of final rule conditions. Cannot conduct per- in the Federal Register]. No on formance tests during SSM. and after [date 181 days after 2. Not a violation to exceed stand- date of publication of final rule ard during SSM. in the Federal Register]. See § 63.8687.

******* § 63.7(e)(4) ...... Conduct of performance tests ...... Administrator’s authority to require Yes. testing under section 114 of the Act.

******* § 63.8(c)(1)(i) ...... Routine and predictable CMS mal- 1. Keep parts for routine repairs Yes before [date 181 days after function. readily available. date of publication of final rule 2. Reporting requirements for in the Federal Register]. No on CMS malfunction when action is and after [date 181 days after described in SSM plan. date of publication of final rule in the Federal Register]. § 63.8(c)(1)(ii) ...... CMS malfunction not in SSP plan Keep the necessary parts for rou- Yes. tine repairs if CMS. § 63.8(c)(1)(iii) ...... Compliance with Operation and Develop a written startup, shut- Yes before [date 181 days after Maintenance Requirements. down, and malfunction plan for date of publication of final rule CMS. in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register].

******* § 63.8(d) ...... CMS Quality Control ...... 1. Requirements for CMS quality Yes. control, including calibration, etc. 2. Must keep quality control plan on record for the life of the af- fected source 3. Keep old versions for 5 years after revisions

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TABLE 7 TO SUBPART LLLLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART LLLLL—Continued

Citation Subject Brief description Applies to subpart LLLLL

******* § 63.10(b)(2)(i) ...... Records related to Startup and Occurrence of each of operation Yes before [date 181 days after Shutdown. (process equipment). date of publication of final rule in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register]. § 63.10(b)(2)(ii) ...... Recordkeeping Relevant to Mal- Occurrence of each malfunction of Yes before [date 181 days after function Periods and CMS. air pollution equipment. date of publication of final rule in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register]. § 63.10(b)(2)(iii) ...... Recordkeeping Relevant to Main- Maintenance on air pollution con- Yes. tenance of Air Pollution Control trol equipment. and Monitoring Equipment. § 63.10(b)(2)(iv) ...... Recordkeeping Relevant to Start- Actions during startup, shutdown, Yes before [date 181 days after up, Shutdown, and Malfunction and malfunction. date of publication of final rule Periods and CMS. in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register]. § 63.10(b)(2)(v) ...... Recordkeeping Relevant to Start- Actions during startup, shutdown, Yes before [date 181 days after up, Shutdown, and Malfunction and malfunction. date of publication of final rule Periods and CMS. in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register].

******* § 63.10(d)(5) ...... Startup, Shutdown, and Malfunc- Contents and submission ...... Yes before [date 181 days after tion Reports. date of publication of final rule in the Federal Register]. No on and after [date 181 days after date of publication of final rule in the Federal Register].

*******

[FR Doc. 2019–08155 Filed 5–1–19; 8:45 am] BILLING CODE 6560–50–P

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Part III

The President

Proclamation 9866—Days of Remembrance of Victims of the Holocaust, 2019

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Federal Register Presidential Documents Vol. 84, No. 85

Thursday, May 2, 2019

Title 3— Proclamation 9866 of April 26, 2019

The President Days of Remembrance of Victims of the Holocaust, 2019

By the President of the United States of America

A Proclamation On Yom HaShoah, Holocaust Remembrance Day, and during this week of solemn remembrance, we honor the six million Jewish men, women, and children who were brutally murdered by the Nazi regime. We also remember the Roma and Sinti, persons with disabilities, Poles and Slavic ethnic groups, Soviet prisoners of war, Jehovah’s Witnesses, and persons who were targeted based on their sexual orientation, all of whom were targeted and killed by the Nazis and their collaborators. The Holocaust will forever haunt the conscience of humanity. Unchecked evil and hatred led to unprecedented depravity and destruction. The Nazi regime sought to exterminate entire populations of those they deemed unde- sirable. Millions of Jewish people were forced into ghettoes and slave-labor camps in which starvation, widespread disease, and senseless brutality took a devastating toll. Many of those who survived were sent to concentration and death camps, in which millions of Jews were murdered in gas chambers and other facilities built for daily human massacre. In Hebrew, the day commemorating victims of the Holocaust is called ‘‘Yom HaShoah Ve-Hagevurah,’’ which means the ‘‘Day of (Remembrance of) the Holocaust and the Heroism.’’ As we honor the victims of the Holocaust, we also celebrate the survivors and daring rescuers who overcame horrific injustices, endless nights of darkness, and daunting odds. Survivors of the Holocaust endured firsthand hatred and evil that sought to extinguish human life, dignity, and freedom. When the heroic American and Allied forces liberated them, the survivors had every right to sorrow and bitterness, but instead, they inspired all of humanity with their unbreakable spirit and the prevailing power of hope and forgiveness over horror and hatred. Simon Wiesenthal, a Jewish-Austrian Holocaust survivor who endured five different labor and concentration camps to live to the age of 96, spent his life showing the world the depravity of the Nazis so that the haunting truths of the Holocaust would never fade. In his memoirs, he recounted being told by a Nazi guard that it was worthless to tell the story of the Holocaust because no one would ever believe such things were possible. On Yom HaShoah, and during this week of remembrance, we join Simon Wiesenthal in refuting his captor and strongly reaffirm our everlasting com- mitment to honor the victims and survivors of the Holocaust, who through their courageous testimony, fulfill the righteous duty never to forget. We vow never to remain silent or indifferent in the face of evil. With absolute devotion, we will continue to advance human rights, combat anti-Semitism, and dispel all forms of hatred in every part of the world. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, do hereby ask the people of the United States to observe the Days of Remembrance of Victims of the Holocaust, April 28 through May 5, 2019, and the solemn anniversary of the liberation of Nazi death camps, with appropriate study, prayers and commemoration, and to honor the mem- ory of the victims of the Holocaust and Nazi persecution by remembering the lessons of this atrocity so that it is never repeated.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of April, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty- third.

[FR Doc. 2019–09156 5–1–19; 11:15 am] Billing code 3295–F9–P

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