Vol. 84 Wednesday, No. 137 July 17, 2019 Pages 34051–34254

Vol. 84 Wednesday, No. 137 July 17, 2019

Pages 34051–34254

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 137

Wednesday, July 17, 2019

Agency for Healthcare Research and Quality NOTICES NOTICES Energy Conservation Program: Meetings: Petition for Waiver of Anker Innovations Limited from National Advisory Council for Healthcare Research and the Department of Energy External Power Supply Quality, 34176–34177 Test Procedure and Grant of Interim Waiver, 34167– 34172 Agriculture Department Orders: See Animal and Plant Health Inspection Service Port Arthur LNG, LLC, Driftwood LNG LLC, Enviro See Natural Resources Conservation Service Express, Inc., et al., 34172–34173

Alcohol, Tobacco, Firearms, and Explosives Bureau Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Air Quality State Implementation Plans; Approvals and Submissions, and Approvals: Promulgations: FEL Out of Business Records, 34199–34200 Colorado; Revisions to Regulation Number 4, Sale and Installation of Wood-Burning Appliances and the Use Animal and Plant Health Inspection Service of Certain Wood Burning Appliances During High NOTICES Pollution Days, 34063–34064 Agency Information Collection Activities; Proposals, Change of Address for Region 1 Reports; Technical Submissions, and Approvals: Correction, 34067–34070 Importation of Live Poultry, Poultry Meat, and Other Outer Continental Shelf Air Regulations: Poultry Products from Specified Regions, 34117– Consistency Update for Maryland, 34065–34067 34118 PROPOSED RULES Recognition of Freedom from Citrus Longhorned Beetle and Air Quality State Implementation Plans; Approvals and Asian Longhorned Beetle in Certain European Union Promulgations: Countries, 34116–34117 Colorado; Regional Haze 5-Year Progress Report State Implementation Plan, 34083–34090 Antitrust Division Montana; East Helena Lead Nonattainment Area NOTICES Maintenance Plan and Redesignation Request, Changes under the National Cooperative Research and 34102–34106 Production Act: Montana; Redesignation Request and Associated Advanced Media Workflow Association, Inc., 34200– Maintenance Plan for East Helena SO2 34201 Nonattainment Area, 34090–34102 National Fire Protection Association, 34200 Renewable Fuel Standard Program: Pistoia Alliance, Inc., 34201 Standards for 2020 and Biomass-Based Diesel Volume for 2021, Response to the Remand of the 2016 Centers for Disease Control and Prevention Standards, and Other Changes, 34106–34107 NOTICES Statement of Organization, Functions, and Delegations of Authority, 34177–34184 Federal Aviation Administration RULES Coast Guard Amendment of Air Traffic Service Route: RULES T–331; Western United States, 34051–34052 Special Local Regulation: Amendment of Multiple Air Traffic Service Routes: Ohio River, Cincinnati, OH, 34061–34062 Vicinity of Omaha, NE, 34052–34054 Establishment of Class E Airspace: Commerce Department Boulder City, NV, 34055–34056 See International Trade Administration Instrument Flight Rules Altitudes; Miscellaneous See National Oceanic and Atmospheric Administration Amendments, 34057–34060 Removal of Jet Route J–147: Defense Department Eastern United States, 34054–34055 RULES PROPOSED RULES Uniformed Services University of Health Sciences, Privacy Amendment and Revocation of Air Traffic Service Routes: Act of 1974, 34060–34061 in the Vicinity of Berlin, NH, 34077–34078 NOTICES Amendment of Air Traffic Service Routes: Establishment of Federal Advisory Committee: in the Vicinity of Glens Falls, NY, 34075–34077 Table Rock Lake Oversight Committee, 34167 in the Vicinity of Ithaca, NY, 34072–34073 Amendment of VOR Federal Airway V–37 Due to the Energy Department Planned Decommissioning of Aylmer, Canada, VHF See Federal Energy Regulatory Commission Omnidirectional Range (VOR) Navigation Aid, 34073– See Western Area Power Administration 34075

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Amendment of VOR Federal Airways V–148, V–177, and Geological Survey V–345: NOTICES in the Vicinity of Ely, MN, and Hayward, WI, 34078– Agency Information Collection Activities; Proposals, 34080 Submissions, and Approvals: Establishment of Restricted Area: ShakeAlert Community Feedback Form, 34198–34199 R–7202; Guam, GU, 34082 Revocation of VHF Omnidirectional Range (VOR) Federal Health and Human Services Department Airway V–369 Due to the Decommissioning of the See Agency for Healthcare Research and Quality Groesbeck, TX, VOR, 34080–34082 See Centers for Disease Control and Prevention See Food and Drug Administration Federal Communications Commission See National Institutes of Health PROPOSED RULES NOTICES Modernizing the E-Rate Program for Schools and Libraries, Single-Source Grant: 34107–34115 University of Northern Colorado, 34194–34195

Federal Energy Regulatory Commission Homeland Security Department NOTICES See Coast Guard Combined Filings, 34173–34174 See U.S. Citizenship and Immigration Services Designation of Commission Staff as Non-Decisional: Vitol Inc.; Federico Corteggiano, 34173–34174 Interior Department Initial Market-Based Rate Filings Including Requests for See Fish and Wildlife Service Blanket Section 204 Authorizations: See Geological Survey Ashtabula Wind I, LLC, 34175 International Trade Administration Federal Maritime Commission NOTICES NOTICES Antidumping or Countervailing Duty Investigations, Orders, Agreements Filed, 34176 or Reviews: Carbon and Alloy Steel Cut-to-Length Plate from the Federal Motor Carrier Safety Administration Republic of Korea, 34119–34121 NOTICES Certain Carbon and Alloy Steel Cut-to-Length Plate from Commercial Driver’s Licenses: Belgium, 34129–34131 Pilot Program To Allow Drivers Under 21 To Operate Certain Carbon and Alloy Steel Cut-to-Length Plate from Commercial Motor Vehicles in Interstate Commerce; France, 34125–34127 Extension of Comment Period, 34251–34252 Certain Carbon and Alloy Steel Cut-to-Length Plate from Hours of Service of Drivers; Exemption Applications: Italy, 34121–34123 Small Business in Transportation Coalition, 34250–34251 Certain Carbon and Alloy Steel Cut-to-Length Plate from Taiwan, 34127–34129 Federal Retirement Thrift Investment Board Certain Carbon and Alloy Steel Cut-to-Length Plate from NOTICES the Republic of Korea, 34123–34125 Meetings: Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Board Member, 34176 Products from Japan, 34131–34132

Federal Transit Administration International Trade Commission NOTICES NOTICES Early Scoping, 34252–34254 Investigations; Determinations, Modifications, and Rulings, etc.: Fish and Wildlife Service Raw Flexible Magnets from China and Taiwan, 34199 NOTICES Incidental Take Permit Application: Justice Department Douglas County Multiple Species General Conservation See Alcohol, Tobacco, Firearms, and Explosives Bureau Plan, Douglas County, Washington, 34197–34198 See Antitrust Division

Food and Drug Administration Management and Budget Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Procedures for Participating in the Appeals Process for the Submissions, and Approvals: 2020 Census Local Update of Census Addresses, Electronic Drug Product Reporting for Human Drug 34201–34205 Compounding Outsourcing Facilities, 34184–34186 Focus Groups About Drug Products as Used by the Food Millennium Challenge Corporation and Drug Administration, 34186–34187 NOTICES Guidance on Reagents for Detection of Specific Novel Requests for Nominations: Influenza A Viruses, 34190–34191 Economic Advisory Council, 34205–34206 Medical Device User Fee Cover Sheet, 34189–34190 Prevention of Salmonella Enteritidis in Shell Eggs During National Aeronautics and Space Administration Production; Recordkeeping and Registration NOTICES Provisions, 34191–34194 Reporting Requirements Regarding Findings of Harassment, Product Jurisdiction: Assignment of Agency Component Sexual Harassment, Other Forms of Harassment, or for Review of Premarket Applications, 34188–34189 Sexual Assault, 34206–34208

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National Capital Planning Commission Securities and Exchange Commission NOTICES NOTICES Meetings: Application: Federal Workplace Element of the Comprehensive Plan Northern Lights Fund Trust III, et al., 34217–34219 for the National Capital, 34208 Filing: Program for Allocation of Regulatory Responsibilities, National Institutes of Health 34225–34230 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Meetings: Cboe EDGX Exchange, Inc., 34230–34241, 34247–34250 National Center for Complementary and Integrative Cboe Exchange, Inc., 34243–34247 Health, 34196 ICE Clear Credit, LLC, 34220–34225 National Institute of Environmental Health Sciences, ICE Clear Europe Ltd., 34241–34243 34195 New York Stock Exchange, LLC, 34210–34217, 34219– National Institute of General Medical Sciences, 34195– 34220 34196 National Institute of Mental Health, 34195 Small Business Administration National Oceanic and Atmospheric Administration NOTICES RULES Disaster Declaration: Fisheries of the Exclusive Economic Zone off Alaska: Texas, 34250 Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 34070–34071 State Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Culturally Significant Objects Imported for Exhibition: Submissions, and Approvals, 34163–34164 In a Cloud, in a Wall, in a Chair: Six Modernists in Agency Information Collection Activities; Proposals, Mexico at Midcentury, 34250 Submissions, and Approvals: A Coastal Management Needs Assessment and Market Transportation Department Analysis for Financing Resilience, 34166–34167 See Federal Aviation Administration Southeast Region Logbook Family of Forms, 34164–34165 See Federal Motor Carrier Safety Administration Survey to Develop Estimates of Marine-Related Economic See Federal Transit Administration Activity in the United States, 34133–34134 Teacher at Sea Program, 34133 Meetings: Treasury Department Gulf of Mexico Fishery Management Council, 34165– NOTICES 34166 Blocking or Unblocking of Persons and Properties, 34254 Takes of Marine Mammals Incidental to Specified Activities: U.S. Citizenship and Immigration Services Ferry Berth Improvements in Tongass Narrows, AK, NOTICES 34134–34163 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Natural Resources Conservation Service Application to Replace Permanent Resident Card, 34196– NOTICES 34197 Environmental Impact Statements; Availability, etc.: Implement the Feral Swine Eradication and Control Pilot U.S.-China Economic and Security Review Commission Program, 34118–34119 NOTICES Peace Corps Hearing, 34254 NOTICES Agency Information Collection Activities; Proposals, Western Area Power Administration Submissions, and Approvals, 34208–34209 NOTICES Rate Order: Postal Regulatory Commission Provo River Project, 34175–34176 PROPOSED RULES Periodic Reporting, 34082–34083 Postal Service Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Product Change: phone numbers, online resources, finding aids, and notice Priority Mail and First-Class Package Service Negotiated of recently enacted public laws. Service Agreement, 34209 To subscribe to the Federal Register Table of Contents Priority Mail Express Negotiated Service Agreement, electronic mailing list, go to https://public.govdelivery.com/ 34210 accounts/USGPOOFR/subscriber/new, enter your e-mail Priority Mail Negotiated Service Agreement, address, then follow the instructions to join, leave, or 34209 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.

14 CFR 71 (4 documents) ...... 34051, 34052, 34054, 34055 95...... 34057 Proposed Rules: 71 (6 documents) ...... 34072, 34073, 34075, 34077, 34078, 34080 73...... 34082 32 CFR 315...... 34060 33 CFR 100...... 34061 39 CFR Proposed Rules: 3050...... 34082 40 CFR 52...... 34063 55...... 34065 59...... 34067 60...... 34067 61...... 34067 62...... 34067 63...... 34067 65...... 34067 82...... 34067 763...... 34067 Proposed Rules: 52 (3 documents) ...... 34083, 34090, 34102 80...... 34106 47 CFR Proposed Rules: 54...... 34107 50 CFR 679...... 34070

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Rules and Regulations Federal Register Vol. 84, No. 137

Wednesday, July 17, 2019

This section of the FEDERAL REGISTER National Archives and Records Availability and Summary of contains regulatory documents having general Administration (NARA). For Documents for Incorporation by applicability and legal effect, most of which information on the availability of FAA Reference are keyed to and codified in the Code of Order 7400.11C at NARA, call (202) This document amends FAA Order Federal Regulations, which is published under 741–6030, or go to http:// 50 titles pursuant to 44 U.S.C. 1510. 7400.11C, Airspace Designations and www.archives.gov/federal-register/cfr/ Reporting Points, dated August 13, The Code of Federal Regulations is sold by ibr-locations.html. 2018, and effective September 15, 2018. the Superintendent of Documents. FAA Order 7400.11, Airspace FAA Order 7400.11C is publicly Designations and Reporting Points, is available as listed in the ADDRESSES published yearly and effective on DEPARTMENT OF TRANSPORTATION section of this document. FAA Order September 15. 7400.11C lists Class A, B, C, D, and E Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: airspace areas, air traffic service routes, Kenneth Ready, Airspace Policy Group, and reporting points. 14 CFR Part 71 Office of Airspace Services, Federal Differences From the NPRM Aviation Administration, 800 [Docket No. FAA–2018–0985; Airspace Subsequent to publication of the Independence Avenue SW, Washington, Docket No. 18–AWP–19] NPRM, the FAA identified an DC 20591; telephone: (202) 267–8783. RIN 2120–AA66 unnecessary point along the route. SUPPLEMENTARY INFORMATION: PARZZ, NV WP is not required in the Amendment of Air Traffic Service legal description because it is along a Authority for This Rulemaking (ATS) Route T–331; Western United straight segment of the route. The States The FAA’s authority to issue rules deleted point does not change the direction of the flight, does not add AGENCY: Federal Aviation regarding aviation safety is found in length to any of the routes, and does not Administration (FAA), DOT. Title 49 of the United States Code. Subtitle I, Section 106 describes the change the start or stop points of any of ACTION: Final rule. authority of the FAA Administrator. the routes. For these reasons the FAA is SUMMARY: This action modifies Area Subtitle VII, Aviation Programs, amending the legal descriptions in the Navigation (RNAV) Route T–331 in the describes in more detail the scope of the best interest of the flying public. western United States. The modification agency’s authority. This rulemaking is The Rule is necessary due to the planned promulgated under the authority This action amends Title 14 Code of decommissioning of the Clovis, CA, described in Subtitle VII, Part A, Federal Regulations (14 CFR) part 71 by VOR portion of the VOR/Tactical Air Subpart I, Section 40103. Under that amending RNAV route T–331. The route Navigation (VORTAC) navigation aid section, the FAA is charged with changes are outlined below. (NAVAID), which provides navigation prescribing regulations to assign the use T–331: T–331 is amended from the guidance for portions of affected ATS of the airspace necessary to ensure the FRAME, CA, FIX to the FONIA, ND, route V–23. The decommissioning has safety of aircraft and the efficient use of FIX. The FAA extended the route to the rendered portions of V–23 unusable and airspace. This regulation is within the southeast by 15 miles to connect to the amending T–331 helps overcome scope of that authority as it modifies the FRAME, CA, FIX, which is the new affected portions of V–23. The Clovis, air traffic service route structure in the starting point of the RNAV route. The CA, VOR is being decommissioned as western United States to maintain the extension is for navigation in the low part of the FAA’s VOR Minimum efficient flow of air traffic. altitude structure as V–23 is being Operational Network (MON) program. History gapped in a separate rulemaking action DATES: Effective date 0901 UTC, October due to the decommissioning of the 10, 2019. The Director of the Federal On November 27, 2018, the FAA Clovis, CA, VOR. Additionally, five Register approves this incorporation by published a notice of proposed waypoints (WP) (ESSOH, CA, WP; reference action under Title 1 Code of rulemaking (NPRM) for Docket No. HIXUP, NV, WP; WAHNZ, ID,WP; Federal Regulations part 51 subject to FAA–2018–0985 in the Federal Register SPECT, MT, WP; and TRUED, MT, WP) the annual revision of FAA Order (83 FR 60786), amending RNAV route and one FIX (CUTVA, NV, FIX) were 7400.11 and publication of conforming T–331 in the western United States. removed as they were unnecessary to amendments. Interested parties were invited to the RNAV route description required by ADDRESSES: FAA Order 7400.11C, participate in this rulemaking effort by policy. Airspace Designations and Reporting submitting written comments on the Points, and subsequent amendments can proposal. No comments were received. Regulatory Notices and Analyses be viewed online at http://www.faa.gov/ United States Area Navigation Routes The FAA has determined that this air_traffic/publications/. For further are published in paragraph 6011, of regulation only involves an established information, you can contact the FAA Order 7400.11C dated August 13, body of technical regulations for which Airspace Policy Group, Federal Aviation 2018, and effective September 15, 2018, frequent and routine amendments are Administration, 800 Independence which is incorporated by reference in 14 necessary to keep them operationally Avenue SW, Washington, DC 20591; CFR 71.1. The RNAV route listed in this current. It, therefore: (1) Is not a telephone: (202) 267–8783. The Order is document will be subsequently ‘‘significant regulatory action’’ under also available for inspection at the published in the Order. Executive Order 12866; (2) is not a

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‘‘significant rule’’ under Department of further environmental impact review The Amendment Transportation (DOT) Regulatory rulemaking actions that designate or In consideration of the foregoing, the Policies and Procedures (44 FR 11034; modify classes of airspace areas, Federal Aviation Administration February 26, 1979); and (3) does not airways, routes, and reporting points amends 14 CFR part 71 as follows: warrant preparation of a regulatory (see 14 CFR part 71, Designation of evaluation as the anticipated impact is Class A, B, C, D, and E Airspace Areas; PART 71—DESIGNATION OF CLASS A, so minimal. Since this is a routine Air Traffic Service Routes; and B, C, D, AND E AIRSPACE AREAS; AIR matter that only affects air traffic Reporting Points). As such, this action TRAFFIC SERVICE ROUTES; AND procedures and air navigation, it is is not expected to result in any REPORTING POINTS certified that this rule, when significant environmental impacts. In promulgated, does not have a significant accordance with FAA Order 1050.1F, ■ 1. The authority citation for part 71 economic impact on a substantial paragraph 5–2 regarding Extraordinary continues to read as follows: number of small entities under the Circumstances, the FAA has reviewed criteria of the Regulatory Flexibility Act. this action for factors and circumstances Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, in which a normally categorically Environmental Review 1959–1963 Comp., p. 389. excluded action may have a significant The FAA has determined that this environmental impact requiring further § 71.1 [Amended] action of modifying RNAV route T–331 analysis. The FAA has determined that ■ 2. The incorporation by reference in in the western United States qualifies no extraordinary circumstances exist 14 CFR 71.1 of FAA Order 7400.11C, for categorical exclusion under the that warrant preparation of an Airspace Designations and Reporting National Environmental Policy Act and environmental assessment or Points, dated August 13, 2018, and its implementing regulations at 40 CFR environmental impact study. part 1500, and in accordance with FAA effective September 15, 2018, is Order 1050.1F, Environmental Impacts: List of Subjects in 14 CFR Part 71 amended as follows: Policies and Procedures, paragraph 5– Airspace, Incorporation by reference, Paragraph 6011 United States Area 6.5a, which categorically excludes from Navigation (air). Navigation Routes.

T–331 FRAME, CA to FONIA, ND [Amended] FRAME, CA FIX (Lat. 36°36′46.74″ N, long. 119°40′25.53″ W) NTELL, CA WP (Lat. 36°53′58.99″ N, long. 119°53′22.21″ W) KARNN, CA FIX (Lat. 37°09′03.79″ N, long. 121°16′45.22″ W) VINCO, CA FIX (Lat. 37°22′35.11″ N, long. 121°42′59.52″ W) NORCL, CA WP (Lat. 37°31′02.66″ N, long. 121°43′10.60″ W) MOVDD, CA WP (Lat. 37°39′40.88″ N, long. 121°26′53.53″ W) EVETT, CA WP (Lat. 38°00′36.11″ N, long. 121°07′48.14″ W) TIPRE, CA WP (Lat. 38°12′21.00″ N, long. 121°02′09.00″ W) Squaw Valley, CA (SWR) VOR/DME (Lat. 39°10′49.16″ N, long. 120°16′10.60″ W) TRUCK, CA FIX (Lat. 39°26′15.67″ N, long. 120°09′42.48″ W) Mustang, NV (FMG) VORTAC (Lat. 39°31′52.60″ N, long. 119°39′21.87″ W) Lovelock, NV (LLC) VORTAC (Lat. 40°07′30.95″ N, long. 118°34′39.34″ W) Battle Mountain, NV VORTAC (Lat. 40°34′08.69″ N, long. 116°55′20.12″ W) (BAM) TULIE, ID WP (Lat. 42°37′58.49″ N, long. 113°06′44.54″ W) AMFAL, ID WP (Lat. 42°45′56.67″ N, long. 112°50′04.64″ W) Pocatello, ID (PIH) VOR/DME (Lat. 42°52′13.38″ N, long. 112°39′08.05″ W) VIPUC, ID FIX (Lat. 43°21′09.64″ N, long. 112°14′44.08″ W) Idaho Falls, ID (IDA) VOR/DME (Lat. 43°31′08.42″ N, long. 112°03′50.10″ W) SABAT, ID FIX (Lat. 44°00′59.71″ N, long. 111°39′55.04″ W) Billings, MT (BIL) VORTAC (Lat. 45°48′30.81″ N, long. 108°37′28.73″ W) EXADE, MT FIX (Lat. 47°35′56.78″ N, long. 104°32′40.61″ W) JEKOK, ND WP (Lat. 47°59′31.05″ N, long. 103°27′17.51″ W) FONIA, ND FIX (Lat. 48°15′35.07″ N, long. 103°10′37.54″ W)

* * * * * DEPARTMENT OF TRANSPORTATION ACTION: Final rule, technical Issued in Washington, DC, on July 8, 2019. amendment. Federal Aviation Administration Rodger A. Dean Jr., SUMMARY: The FAA is amending three Manager, Airspace Policy Group. 14 CFR Part 71 jet routes and seven VHF [FR Doc. 2019–15116 Filed 7–16–19; 8:45 am] Omnidirectional Range (VOR) Federal BILLING CODE 4910–13–P [Docket No. FAA–2019–0116; Airspace airways in the vicinity of Omaha, Docket No. 19–AWA–1] Nebraska, to correct the state abbreviation for the Omaha VOR/ RIN 2120–AA66 Tactical Air Navigation (VORTAC) navigation aid (NAVAID). The Omaha Amendment of Multiple Air Traffic VORTAC is located in Mineola, Iowa; Service (ATS) Routes in the Vicinity of however, the state abbreviation for the Omaha, NE location of the Omaha VORTAC included in the Air Traffic Service AGENCY: Federal Aviation (ATS) routes is listed as ‘‘NE’’. Administration (FAA), DOT. Specifically, this action changes the

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state abbreviation for the Omaha required to maintain the efficient flow Regulatory Notices and Analyses VORTAC listed in the jet route J–21, J– of air traffic. 41, and J–151, and VOR Federal airway The FAA has determined that this History V–6, V–8, V–138, V–159, V–172, V–181, regulation only involves an established and V–307, descriptions from ‘‘NE’’ to After a recent review of aeronautical body of technical regulations for which ‘‘IA’’ to match the information data, the state abbreviation published frequent and routine amendments are contained in the FAA’s aeronautical for the Omaha VORTAC in the J–21, J– necessary to keep them operationally database and the charted ATS route 41, J–151, V–6, V–8, V–138, V–159, V– current. It, therefore: (1) Is not a depictions on the associated charts. No 172, V–181, and V–307 descriptions was ‘‘significant regulatory action’’ under air traffic services are affected by this determined to be in error in each ATS Executive Order 12866; (2) is not a action. route. The Omaha VORTAC is actually ‘‘significant rule’’ under Department of located in Mineola, Iowa, and the state Transportation (DOT) Regulatory DATES: Effective date 0901 UTC, August Policies and Procedures (44 FR 11034; 15, 2019. The Director of the Federal abbreviation for the NAVAID should February 26, 1979); and (3) does not Register approves this incorporation by reflect ‘‘IA’’ instead of the abbreviation warrant preparation of a regulatory reference action under Title 1 Code of ‘‘NE’’ which is in the existing evaluation as the anticipated impact is Federal Regulations part 51, subject to descriptions. The correct reference for so minimal. Since this is a routine the annual revision of FAA Order the Omaha VORTAC is ‘‘Omaha, IA’’. 7400.11 and publication of conforming Accordingly, the FAA is amending the matter that only affects air traffic amendments. ATS route descriptions listed above to procedures and air navigation, it is change the Omaha VORTAC reference certified that this rule, when ADDRESSES: FAA Order 7400.11C, from ‘‘Omaha, NE,’’ to ‘‘Omaha, IA’’. promulgated, does not have a significant Airspace Designations and Reporting Jet routes are published in paragraph economic impact on a substantial Points, and subsequent amendments can 2004 and domestic VOR Federal airways number of small entities under the be viewed online at http://www.faa.gov/ are published in paragraph 6010(a) of criteria of the Regulatory Flexibility Act. air_traffic/publications/. For further FAA Order 7400.11C dated August 13, information, you can contact the Environmental Review 2018, and effective September 15, 2018, Airspace Policy Group, Federal Aviation which is incorporated by reference in 14 Administration, 800 Independence The FAA has determined that this CFR 71.1. The jet routes and VOR Avenue SW, Washington, DC 20591; airspace action of modifying three jet Federal airways listed in this rule will telephone: (202) 267–8783. The Order is routes and seven VOR Federal airways be subsequently published in the Order. also available for inspection at the by correcting the state abbreviation for National Archives and Records Availability and Summary of the Omaha VORTAC listed in the Administration (NARA). For Documents for Incorporation by affected ATS route descriptions has no information on the availability of FAA Reference potential to cause any significant Order 7400.11C at NARA, call (202) environmental impacts, and no This document amends FAA Order extraordinary circumstances exist that 741–6030, or go to http:// 7400.11C, Airspace Designations and www.archives.gov/federal_register/cfr/ warrant preparation of an Reporting Points, dated August 13, environmental assessment. Therefore, ibr-locations.html. 2018, and effective September 15, 2018. FAA Order 7400.11, Airspace this airspace action qualifies for FAA Order 7400.11C is publicly categorical exclusion under the National Designations and Reporting Points, is available as listed in the ADDRESSES published yearly and effective on Environmental Policy Act and its section of this document. FAA Order implementing regulations at 40 CFR part September 15. 7400.11C lists Class A, B, C, D, and E FOR FURTHER INFORMATION CONTACT: 1500–1508, and in accordance with airspace areas, air traffic service routes, FAA Order 1050.1F, Environmental Colby Abbott, Airspace Policy Group, and reporting points. Office of Airspace Services, Federal Impacts: Policies and Procedures, Aviation Administration, 800 The Rule paragraph 5–6.5a, which categorically Independence Avenue SW, Washington, This action amends Title 14 Code of excludes from further environmental DC 20591; telephone: (202) 267–8783. Federal Regulations (14 CFR) part 71 by impact review rulemaking actions that designate or modify classes of airspace SUPPLEMENTARY INFORMATION: correcting the Omaha VORTAC reference in the J–21, J–41, J–151, V–6, areas, airways, routes, and reporting Authority for This Rulemaking V–8, V–138, V–159, V–172, V–181, and points (see 14 CFR part 71, Designation The FAA’s authority to issue rules V–307 descriptions. The route of Class A, B, C, D, and E Airspace regarding aviation safety is found in modifications are editorial in nature and Areas; Air Traffic Service Routes; and Title 49 of the United States Code. only change the state abbreviation for Reporting Points). In accordance with Subtitle I, Section 106 describes the the Omaha VORTAC listed in the FAAO 1050.1F, paragraph 5–2 regarding authority of the FAA Administrator. descriptions from ‘‘NE’’ to ‘‘IA’’ to Extraordinary Circumstances, this Subtitle VII, Aviation Programs, match the information contained in the action has been reviewed for factors and describes in more detail the scope of the FAA’s aeronautical database and the circumstances in which a normally agency’s authority. This rulemaking is charted ATS route depictions. categorically excluded action may have promulgated under the authority All radials in the route descriptions a significant environmental impact described in Subtitle VII, Part A, are stated relative to True north. requiring further analysis, and it is Subpart I, Section 40103. Under that Additionally, minor punctuation and determined that no extraordinary section, the FAA is charged with format changes were made for clarity. circumstances exist that warrant prescribing regulations to assign the use This is an administrative correction preparation of an environmental of the airspace necessary to ensure the and does not affect any air traffic assessment. safety of aircraft and the efficient use of services or operating requirements; List of Subjects in 14 CFR Part 71 airspace. This regulation is within the therefore, notice and public procedure scope of that authority as it supports the under Title 5 U.S.C. 553(b) is Airspace, Incorporation by reference, air traffic service route structure as unnecessary. Navigation (air).

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The Amendment radials; Gipper; to INT Gipper 092° and 336° and Pawnee City, NE, 194° radials; Litchfield, MI, 196° radials. From Clarion, Pawnee City; Omaha, IA; INT Omaha 320° In consideration of the foregoing, the PA; Philipsburg, PA; Selinsgrove, PA; and Sioux City, IA, l74° radials; to Sioux Federal Aviation Administration Allentown, PA; Solberg, NJ; INT Solberg 107° City. amends 14 CFR part 71 as follows: ° and Yardley, PA, 068 radials; INT Yardley * * * * * 068° and La Guardia, NY, 213° radials; to La PART 71—DESIGNATION OF CLASS A, Guardia. Issued in Washington, DC, on July 8, 2019. B, C, D, AND E AIRSPACE AREAS; AIR * * * * * Rodger A. Dean Jr., TRAFFIC SERVICE ROUTES; AND Manager, Airspace Policy Group. V–8 REPORTING POINTS [FR Doc. 2019–15117 Filed 7–16–19; 8:45 am] From INT Seal Beach, CA, 266° and ■ 1. The authority citation for part 71 Ventura, CA, 144° radials; Seal Beach; BILLING CODE 4910–13–P continues to read as follows: Paradise, CA; 35 miles, 7 miles wide (3 miles SE and 4 miles NW of centerline) Hector, CA; Authority: 49 U.S.C. 106(f), 106(g), 40103, Goffs, CA; INT Goffs 033° and Morman Mesa, DEPARTMENT OF TRANSPORTATION 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, NV, 196° radials; Morman Mesa; Bryce 1959–1963 Comp., p. 389. Canyon, UT; Hanksville, UT; Grand Junction, Federal Aviation Administration § 71.1 [Amended] CO; Rifle, CO; Kremmling, CO; Mile High, CO; Akron, CO; Hayes Center, NE; Grand 14 CFR Part 71 ■ 2. The incorporation by reference in Island, NE; Omaha, IA; Des Moines, IA; Iowa 14 CFR 71.1 of FAA Order 7400.11C, City, IA; Moline, IL; Joliet, IL; Chicago [Docket No. FAA–2018–1026; Airspace Airspace Designations and Reporting Heights, IL; Goshen, IN; to Flag City, OH. Docket No. 18–AEA–20] Points, dated August 13, 2018, and From Martinsburg, WV; to Washington, DC. effective September 15, 2018, is The portion outside the United States has no RIN 2120–AA66 amended as follows: upper limit. * * * * * Removal of Jet Route J–147; Eastern Paragraph 2004 Jet Routes. United States * * * * * V–138 From Riverton, WY; 35 miles, 80 miles 107 AGENCY: Federal Aviation J–21 MSL, 16 miles 85 MSL, Medicine Bow, WY; Administration (FAA), DOT. From INT of the United States/Mexican Cheyenne, WY; Sidney, NE. From Grand ACTION: Final rule. Border and the Laredo, TX, 172° radial; Island, NE; 1,200 feet AGL INT of Grand Laredo; San Antonio, TX; Centex, TX; Waco, Island 099° and Lincoln, NE, 267° radials; SUMMARY: This action removes jet route TX; Ranger, TX; Ardmore, OK; Will Rogers, 1,200 feet AGL Lincoln; Omaha, IA; INT J–147 which currently extends between OK; Wichita, KS; Omaha, IA; Gopher, MN; to Omaha 032° and Fort Dodge, IA, 222° radials; Beckley, WV, and Casanova, VA. This Duluth, MN. Fort Dodge; Mason City, IA; to Waukon, IA. action is necessary due to the planned * * * * * * * * * * decommissioning of the Greenbrier, J–41 V–159 WV, VOR/DME navigation aid which provides navigation guidance for From Virginia Key, FL; INT Virginia Key From Key West, FL; Lee County, FL; St. segments of the route. The Greenbrier Petersburg, FL; Seminole, FL; Montgomery, 344°and Treasure, FL, 178°radials; Treasure; AL; Vulcan, AL; Memphis, TN; Springfield, INT Treasure 318° and Orlando, FL, 140° VOR/DME is being decommissioned as MO; Kansas City, MO; to Omaha, IA. radials; Orlando; Ocala, FL; Cross City, FL; part of the FAA’s VOR Minimum Greenville, FL; Pecan, GA; Eufaula, AL; Operational Network (MON) program. * * * * * Tuskegee, AL; Vulcan, AL; Hamilton, AL; DATES: Effective date 0901 UTC, October J–151 Holly Springs, MS; Gilmore, AR; Walnut 10, 2019. The Director of the Federal Ridge, AR; Dogwood, MO; Springfield, MO; From Cross City, FL; Vulcan, AL; Napoleon, MO; INT Napoleon 005°and St. Register approves this incorporation by Farmington, MO; St. Louis, MO; Kirksville, Joseph, MO, 122°radials; St. Joseph; Omaha, reference action under Title 1 Code of MO; Omaha, IA; O’Neil, NE; Rapid City, SD; IA; Sioux City, IA; Yankton, SD; Mitchell, Federal Regulations part 51, subject to Billings, MT; INT Billings 266° and SD; to Huron, SD. the annual revision of FAA Order Whitehall, MT, 103° radials; to Whitehall. * * * * * 7400.11 and publication of conforming * * * * * amendments. V–172 Paragraph 2010(a) Domestic VOR Federal ADDRESSES: FAA Order 7400.11C, Airways. From North Platte, NE; INT North Platte Airspace Designations and Reporting 073° and Wolbach, NE, 266° radials; * * * * * Wolbach; Columbus, NE; Omaha, IA; INT Points, and subsequent amendments can ° ° be viewed online at http://www.faa.gov/ V–6 Omaha 066 and Newton, IA, 262 radials; _ Newton; Cedar Rapids, IA; Polo, IL; INT Polo air traffic/publications/. For further From Oakland, CA; INT Oakland 039° and 088° and Du Page, IL, 293° radials; to Du information, you can contact the Sacramento, CA, 212° radials; Sacramento; Page. Squaw Valley, CA; Mustang, NV; Lovelock, Airspace Policy Group, Federal Aviation NV; Battle Mountain, NV; INT Battle * * * * * Administration, 800 Independence ° ° Avenue SW, Washington, DC 20591; Mountain 062 and Wells, NV, 256 radials; V–181 Wells; 5 miles, 40 miles, 98 MSL, 85 MSL, telephone: (202) 267–8783. The Order is Lucin, UT; 43 miles, 85 MSL, Ogden, UT; 11 From Kirksville, MO; Lamoni, IA; Omaha, also available for inspection at the miles, 50 miles, 105 MSL, Fort Bridger, WY; IA; Norfolk, NE; Yankton, SD; Sioux Falls, National Archives and Records Rock Springs, WY; 20 miles, 39 miles 95 SD; Watertown, SD; 34 miles, 24 miles, 34 Administration (NARA). For MSL, Cherokee, WY; 39 miles, 27 miles 95 MSL, Fargo, ND; Grand Forks, ND; Humboldt, MN; to INT Humboldt 356° radial information on the availability of FAA MSL, Medicine Bow, WY; INT Medicine Bow Order 7400.11C at NARA, call (202) 106° and Sidney, NE, 291° radials; Sidney; and the United States/Canadian border. 741–6030, or go to https:// North Platte, NE; Grand Island, NE; Omaha, * * * * * IA; Des Moines, IA; Iowa City, IA; Davenport, www.archives.gov/federal-register/cfr/ IA; INT Davenport 087° and DuPage, IL, 255° V–307 ibr-locations.html. radials; to DuPage. From INT Chicago From Harrison, AR; Neosho, MO; Oswego, FAA Order 7400.11, Airspace Heights, IL, 358° and Gipper, MI, 271° KS; Chanute, KS; Emporia, KS; INT Emporia Designations and Reporting Points, is

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published yearly and effective on The Rule regarding Extraordinary Circumstances, September 15. The FAA is amending Title 14 Code this action has been reviewed for factors and circumstances in which a normally FOR FURTHER INFORMATION CONTACT: Paul of Federal Regulations (14 CFR) part 71 categorically excluded action may have Gallant, Airspace Policy Group, Office by removing jet route J–147 which a significant environmental impact of Airspace Services, Federal Aviation currently extends between the Beckley, requiring further analysis, and it is Administration, 800 Independence WV, VOR/DME and the Casanova, VA, determined that no extraordinary Avenue SW, Washington, DC 20591; VORTAC. This action is necessary due circumstances exist that warrant telephone: (202) 267–8783. to the planned decommissioning of the Greenbrier, WV, VOR/DME which preparation of an environmental SUPPLEMENTARY INFORMATION: provides navigation guidance for assessment. Authority for This Rulemaking segments of J–147. Alternative routing List of Subjects in 14 CFR Part 71 through the area is available by using Airspace, Incorporation by reference, The FAA’s authority to issue rules the adjacent jet routes J–42 or J–213. regarding aviation safety is found in Navigation (air). Regulatory Notices and Analyses Title 49 of the United States Code. The Amendment Subtitle I, Section 106 describes the The FAA has determined that this In consideration of the foregoing, the authority of the FAA Administrator. regulation only involves an established Federal Aviation Administration Subtitle VII, Aviation Programs, body of technical regulations for which amends 14 CFR part 71 as follows: describes in more detail the scope of the frequent and routine amendments are agency’s authority. This rulemaking is necessary to keep them operationally PART 71—DESIGNATION OF CLASS A, promulgated under the authority current. It, therefore: (1) Is not a B, C, D, AND E AIRSPACE AREAS; AIR described in Subtitle VII, Part A, ‘‘significant regulatory action’’ under TRAFFIC SERVICE ROUTES; AND Subpart I, Section 40103. Under that Executive Order 12866; (2) is not a REPORTING POINTS section, the FAA is charged with ‘‘significant rule’’ under Department of prescribing regulations to assign the use Transportation (DOT) Regulatory ■ 1. The authority citation for part 71 of the airspace necessary to ensure the Policies and Procedures (44 FR 11034; continues to read as follows: safety of aircraft and the efficient use of February 26, 1979); and (3) does not Authority: 49 U.S.C. 106(f), 106(g); 40103, airspace. This regulation is within the warrant preparation of a regulatory 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, scope of that authority as it modifies the evaluation as the anticipated impact is 1959–1963 Comp., p. 389. route structure in the National Airspace so minimal. Since this is a routine System as necessary to preserve the safe matter that only affects air traffic § 71.1 [Amended] and efficient flow of air traffic. procedures and air navigation, it is ■ 2. The incorporation by reference in certified that this rule, when History 14 CFR 71.1 of FAA Order 7400.11C, promulgated, does not have a significant Airspace Designations and Reporting The FAA published a notice of economic impact on a substantial Points, dated August 13, 2018, and proposed rulemaking in the Federal number of small entities under the effective September 15, 2018, is Register for Docket No. FAA–2018–1026 criteria of the Regulatory Flexibility Act. amended as follows: (83 FR 67162; December 28, 2018) to Environmental Review Paragraph 2004 Jet Routes. remove jet route J–147 due to the * * * * * planned decommissioning of the The FAA has determined that this Greenbrier, WV, VOR/DME navigation airspace action of removing jet route J– J–147 [Remove] aid. Interested parties were invited to 147 between the Beckley, WV, VOR/ Issued in Washington, DC, on July 8, 2019. participate in this rulemaking effort by DME and the Casanova, VA, VORTAC submitting written comments on the has no potential to cause any significant Rodger A. Dean Jr., proposal. No comments were received. environmental impacts, and no Manager, Airspace Policy Group. extraordinary circumstances exist that [FR Doc. 2019–15118 Filed 7–16–19; 8:45 am] Jet routes are published in paragraph warrant preparation of an BILLING CODE 4910–13–P 2004 of FAA Order 7400.11C dated environmental assessment. Therefore, August 13, 2018, and effective this airspace action has been September 15, 2018, which is categorically excluded from further DEPARTMENT OF TRANSPORTATION incorporated by reference in 14 CFR environmental impact review in 71.1. The jet route listed in this accordance with the National Federal Aviation Administration document will be subsequently removed Environmental Policy Act (NEPA) and from the Order. its implementing regulations at 40 CFR 14 CFR Part 71 Availability and Summary of parts 1500–1508, and in accordance [Docket No. FAA–2018–0816; Airspace Documents for Incorporation by with FAA Order 1050.1F, Docket No. 18–AWP–7] Reference Environmental Impacts: Policies and Procedures, paragraph 5–6.5a, which RIN 2120–AA66 This document amends FAA Order categorically excludes from further Establishment of Class E Airspace, 7400.11C, Airspace Designations and environmental impact review Boulder City, NV Reporting Points, dated August 13, rulemaking actions that designate or 2018, and effective September 15, 2018. modify classes of airspace areas, AGENCY: Federal Aviation FAA Order 7400.11C is publicly airways, routes, and reporting points Administration (FAA), DOT. available as listed in the ADDRESSES (see 14 CFR part 71, Designation of ACTION: Final rule. section of this document. FAA Order Class A, B, C, D, and E Airspace Areas; 7400.11C lists Class A, B, C, D, and E Air Traffic Service Routes; and SUMMARY: This action establishes Class airspace areas, air traffic service routes, Reporting Points). In accordance with E airspace extending upward from 700 and reporting points. FAA Order 1050.1F, paragraph 5–2 feet above the surface at Boulder City

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Muni Airport, NV. This action supports History procedures and air navigation, it is the development of Instrument Flight The FAA published a notice of certified that this rule, when Rules (IFR) operations under standard proposed rulemaking (NPRM) in the promulgated, will not have a significant instrument approach and departure Federal Register (84 FR 7839; March 5, economic impact on a substantial procedures at the airport, for the safety 2019) for Docket No. FAA–2018–0816 to number of small entities under the and management of aircraft within the establish Class E extending upward criteria of the Regulatory Flexibility Act. National Airspace System. from 700 feet above the surface at Environmental Review DATES: Effective 0901 UTC, August 15, Boulder City Muni Airport, NV. 2019. The Director of the Federal Interested parties were invited to The FAA has determined that this Register approves this incorporation by participate in this rulemaking effort by action qualifies for categorical exclusion reference action under Title 1 Code of submitting written comments on the under the National Environmental Federal Regulations part 51, subject to proposal to the FAA. No comments Policy Act in accordance with FAA the annual revision of FAA Order were received. Order 1050.1F, ‘‘Environmental 7400.11 and publication of conforming Class E airspace designations are Impacts: Policies and Procedures,’’ amendments. published in paragraph 6005 of FAA paragraph 5–6.5a. This airspace action ADDRESSES: FAA Order 7400.11C, Order 7400.11C, dated August 13, 2018, is not expected to cause any potentially Airspace Designations and Reporting and effective September 15, 2018, which significant environmental impacts, and Points, and subsequent amendments can is incorporated by reference in 14 CFR no extraordinary circumstances exist be viewed online at http://www.faa.gov/ 71.1. The Class E airspace designation that warrant preparation of an air_traffic/publications/. For further listed in this document will be environmental assessment. published subsequently in the Order. information, you can contact the Lists of Subjects in 14 CFR Part 71 Airspace Policy Group, Federal Aviation Availability and Summary of Airspace, Incorporation by reference, Administration, 800 Independence Documents for Incorporation by Avenue SW, Washington, DC 20591; Reference Navigation (air). telephone: (202) 267–8783. The Order is Adoption of the Amendment also available for inspection at the This document amends FAA Order National Archives and Records 7400.11C, Airspace Designations and In consideration of the foregoing, the Administration (NARA). For Reporting Points, dated August 13, Federal Aviation Administration information on the availability of this 2018, and effective September 15, 2018. amends 14 CFR part 71 as follows: material at NARA, call (202) 741–6030, FAA Order 7400.11C is publicly available as listed in the ADDRESSES or go to https://www.archives.gov/ PART 71—DESIGNATION OF CLASS A, section of this document. FAA Order federal-register/cfr/ibr-locations.html. B, C, D, AND E AIRSPACE AREAS; AIR FAA Order 7400.11, Airspace 7400.11C lists Class A, B, C, D, and E TRAFFIC SERVICE ROUTES; AND Designations and Reporting Points, is airspace areas, air traffic service routes, REPORTING POINTS published yearly and effective on and reporting points. ■ September 15. The Rule 1. The authority citation for part 71 continues to read as follows: FOR FURTHER INFORMATION CONTACT: The FAA is amending Title 14 Code Richard Roberts, Federal Aviation of Federal Regulations (14 CFR) part 71 Authority: 49 U.S.C. 106(f), 106(g); 40103, Administration, Operations Support by establishing Class E airspace 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. Group, Western Service Center, 2200 S extending upward from 700 feet above 216th Street, Des Moines, WA 98198– the surface within a 4.25-mile radius of § 71.1 [Amended] 6547; telephone (206) 231–2245. Boulder City Muni Airport, NV, with a ■ SUPPLEMENTARY INFORMATION: segment 1.25 miles each side of the 299° 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C, Authority for This Rulemaking bearing from the airport extending from the 4.25-mile radius to 6 miles Airspace Designations and Reporting The FAA’s authority to issue rules northwest of the airport. This airspace is Points, dated August 13, 2018, and regarding aviation safety is found in necessary to support IFR operations in effective September 15, 2018, is Title 49 of the United States Code. standard instrument approach and amended as follows: Subtitle I, Section 106 describes the departure procedures at the airport. Paragraph 6005 Class E Airspace Areas authority of the FAA Administrator. Extending Upward From 700 Feet or More Subtitle VII, Aviation Programs, Regulatory Notices and Analyses Above the Surface of the Earth. describes in more detail the scope of the The FAA has determined that this * * * * * agency’s authority. This rulemaking is regulation only involves an established promulgated under the authority body of technical regulations for which ANM CO E5 Boulder City, NV [New] described in Subtitle VII, Part A, frequent and routine amendments are Boulder City Muni Airport, NV Subpart I, Section 40103. Under that necessary to keep them operationally (Lat. 35°56′51″ N, long. 114°51′41″ W) section, the FAA is charged with current, is non-controversial and That airspace extending upward from 700 prescribing regulations to assign the use unlikely to result in adverse or negative feet above the surface within a 4.25 mile radius of Boulder City Muni Airport and that of airspace necessary to ensure the comments. It, therefore: (1) Is not a ° safety of aircraft and the efficient use of ‘‘significant regulatory action’’ under airspace 1.25 miles each side of the 299 bearing from the 4.25 mile radius to 6.00 airspace. This regulation is within the Executive Order 12866; (2) is not a miles from the airport. scope of that authority as it establishes ‘‘significant rule’’ under DOT Class E airspace extending upward from Regulatory Policies and Procedures (44 Issued in Seattle, Washington, July 3, 2019. 700 feet above the surface at Boulder FR 11034; February 26, 1979); and (3) Shawn M. Kozica, City Muni Airport, NV, to support IFR does not warrant preparation of a Group Manager, Operations Support Group, operations in standard instrument Regulatory Evaluation as the anticipated Western Service Center. approach and departure procedures at impact is so minimal. Since this is a [FR Doc. 2019–15114 Filed 7–16–19; 8:45 am] this airport. routine matter that only affects air traffic BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Aviation Regulations (14 CFR part 95) Conclusion amends, suspends, or revokes IFR Federal Aviation Administration The FAA has determined that this altitudes governing the operation of all regulation only involves an established aircraft in flight over a specified route 14 CFR Part 95 body of technical regulations for which or any portion of that route, as well as frequent and routine amendments are [Docket No. 31264; Amdt. No. 547] the changeover points (COPs) for necessary to keep them operationally Federal airways, jet routes, or direct current. It, therefore—(1) is not a IFR Altitudes; Miscellaneous routes as prescribed in part 95. ‘‘significant regulatory action’’ under Amendments Executive Order 12866; (2) is not a The Rule AGENCY: Federal Aviation ‘‘significant rule’’ under DOT Administration (FAA), DOT. The specified IFR altitudes, when Regulatory Policies and Procedures (44 ACTION: Final rule. used in conjunction with the prescribed FR 11034; February 26, 1979); and (3) changeover points for those routes, does not warrant preparation of a SUMMARY: This amendment adopts ensure navigation aid coverage that is regulatory evaluation as the anticipated miscellaneous amendments to the adequate for safe flight operations and impact is so minimal. For the same required IFR (instrument flight rules) free of frequency interference. The reason, the FAA certifies that this altitudes and changeover points for reasons and circumstances that create amendment will not have a significant certain Federal airways, jet routes, or economic impact on a substantial the need for this amendment involve direct routes for which a minimum or number of small entities under the matters of flight safety and operational maximum en route authorized IFR criteria of the Regulatory Flexibility Act. altitude is prescribed. This regulatory efficiency in the National Airspace action is needed because of changes System, are related to published List of Subjects in 14 CFR Part 95 occurring in the National Airspace aeronautical charts that are essential to Airspace, Navigation (air). the user, and provide for the safe and System. These changes are designed to Issued in Washington, DC, on July 12, provide for the safe and efficient use of efficient use of the navigable airspace. 2019. In addition, those various reasons or the navigable airspace under instrument Rick Domingo, conditions in the affected areas. circumstances require making this Executive Director, Flight Standards Service. DATES: Effective 0901 UTC, August 15, amendment effective before the next 2019. scheduled charting and publication date Adoption of the Amendment FOR FURTHER INFORMATION CONTACT: of the flight information to assure its Accordingly, pursuant to the Thomas J. Nichols, Flight Procedures timely availability to the user. The authority delegated to me by the and Airspace Group, Flight effective date of this amendment reflects Administrator, part 95 of the Federal Technologies and Procedures Division, those considerations. In view of the Aviation Regulations (14 CFR part 95) is Flight Standards Service, Federal close and immediate relationship amended as follows effective at 0901 Aviation Administration. Mailing between these regulatory changes and UTC, August 15, 2019. Address: FAA Mike Monroney safety in air commerce, I find that notice ■ 1. The authority citation for part 95 Aeronautical Center, Flight Procedures and public procedure before adopting continues to read as follows: and Airspace Group, 6500 South this amendment are impracticable and Authority: 49 U.S.C. 106(g), 40103, 40106, MacArthur Blvd., Registry Bldg 29, contrary to the public interest and that Room 104, Oklahoma City, OK 73125. 40113, 40114, 40120, 44502, 44514, 44719, good cause exists for making the 44721. Telephone: (405) 954–4164. amendment effective in less than 30 SUPPLEMENTARY INFORMATION: This days. ■ 2. Part 95 is amended to read as amendment to part 95 of the Federal follows:

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT [Amendment 547 Effective date August 15, 2019]

From To MEA

§ 95.6001 Victor Routes–U.S § 95.6004 VOR Federal Airway V4 Is Amended To Read in Part

* POCKET CITY, IN VORTAC ...... LAMBS, IN FIX. *3600—MCA ...... W BND ...... 2500 E BND ...... 10000 POCKET CITY, IN ...... VORTAC, E BND. LAMBS, IN FIX ...... *LOUISVILLE, KY VORTAC ...... **10000 *10000—MCA LOUISVILLE, KY ...... VORTAC, W BND. **3000—GNSS MEA. LOUISVILLE, KY VORTAC ...... LEXINGTON, KY VOR/DME ...... 2800 LEXINGTON, KY VOR/DME ...... NEWCOMBE, KY VORTAC ...... 3100

§ 95.6007 VOR Federal Airway V7 Is Amended To Read in Part

WIREGRASS, AL VORTAC ...... SKIPO, AL FIX ...... 2300 SKIPO, AL FIX ...... *BANBI, AL FIX ...... **4000 *4000—MCA ...... BANBI, AL FIX, SE BND. **1900—MOCA. **2300—GNSS MEA. BANBI, AL FIX ...... MONTGOMERY, AL VORTAC ...... 2400

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 547 Effective date August 15, 2019]

From To MEA

MONTGOMERY, AL VORTAC ...... VULCAN, AL VORTAC ...... 3100

§ 95.6008 VOR Federal Airway V8 Is Amended To Delete

BRIGGS, OH VOR/DME ...... ATWOO, OH FIX ...... *4000 *3100—MOCA. *3100—GNSS MEA. ATWOO, OH FIX ...... BELLAIRE, OH VOR/DME ...... *6000 *3000—MOCA. BELLAIRE, OH VOR/DME ...... *GALLS, PA FIX ...... 3600 *5000—MCA ...... GALLS, PA FIX, E BND. GALLS, PA FIX ...... GRANTSVILLE, MD VOR/DME ...... 5500 GRANTSVILLE, MD VOR/DME ...... MARTINSBURG, WV VORTAC ...... 5500

§ 95.6012 VOR Federal Airway V12 Is Amended To Read in Part

COLUMBIA, MO VOR/DME ...... STITH, MO FIX ...... *4000 *2200—MOCA. STITH, MO FIX ...... FORISTELL, MO VORTAC ...... *3000 *2500—MOCA. FORISTELL, MO VORTAC ...... TROY, IL VORTAC ...... *2600 *2100—MOCA.

§ 95.6018 VOR Federal Airway V18 Is Amended To Delete

GUTHRIE, TX VORTAC ...... BEKLE, TX FIX. *3400—MOCA ...... NW BND ...... *6000 SE BND ...... *8000 BEKLE, TX FIX ...... MILLSAP, TX VORTAC ...... *8000 *3500—MOCA.

§ 95.6078 VOR Federal Airway V78 Is Amended To Delete

ESCANABA, MI VOR/DME ...... SCHOOLCRAFT COUNTY, MI VOR/DME ...... 2500 SCHOOLCRAFT COUNTY, MI VOR/DME ...... PELLSTON, MI VORTAC ...... 2600

§ 95.6092 VOR Federal Airway V92 Is Amended To Delete

BELLAIRE, OH VOR/DME ...... *GALLS, PA FIX ...... 3600 *5000—MCA ...... GALLS, PA FIX, E BND. GALLS, PA FIX ...... GRANTSVILLE, MD VOR/DME ...... 5500 GRANTSVILLE, MD VOR/DME ...... KEYER, WV FIX ...... 5500 KEYER, WV FIX ...... ARMEL, VA VOR/DME ...... 5000

§ 95.6102 VOR Federal Airway V102 Is Amended To Delete

LUBBOCK, TX VORTAC ...... GUTHRIE, TX VORTAC ...... 5000 GUTHRIE, TX VORTAC ...... *SNEED, TX FIX ...... **3700 *4000—MRA. **3000—MOCA. *SNEED, TX FIX ...... **ELECT, TX FIX ...... 2700 *4000—MRA. **3500—MRA. *ELECT, TX FIX ...... WICHITA FALLS, TX VORTAC ...... 2700 *3500—MRA.

§ 95.6184 VOR Federal Airway V184 Is Amended To Read in Part

DELRO, PA FIX ...... *MODENA, PA VORTAC ...... **10000 *10000—MCA ...... MODENA, PA VORTAC, W BND. **4000—GNSS MEA.

95.6214 VOR Federal Airway V214 Is Amended To Delete

BELLAIRE, OH VOR/DME ...... GALLS, PA FIX ...... 3600 *5000—MCA ...... GALLS, PA FIX, E BND. GALLS, PA FIX ...... GRANTSVILLE, MD VOR/DME ...... 5500 GRANTSVILLE, MD VOR/DME ...... MARTINSBURG, WV VORTAC ...... 5500

§ 95.6224 VOR Federal Airway V224 Is Amended To Delete

SAWYER, MI VOR/DME ...... SCHOOLCRAFT COUNTY, MI VOR/DME ...... *3500

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 547 Effective date August 15, 2019]

From To MEA

*2600—MOCA.

§ 95.6275 VOR Federal Airway V275 Is Amended To Read in Part

CINCINNATI, KY VORTAC ...... DAYTON, OH VOR/DME ...... 3000

§ 95.6278 VOR Federal Airway V278 Is Amended To Delete

PLAINVIEW, TX VOR/DME ...... GUTHRIE, TX VORTAC ...... *5100 *4600—MOCA. GUTHRIE, TX VORTAC ...... NIFDE, TX WP ...... *4500 *3300—MOCA. NIFDE, TX WP ...... BOWIE, TX VORTAC ...... *4500 *2600—MOCA. *3300—GNSS MEA.

§ 95.6295 VOR Federal Airway V295 Is Amended To Read in Part

VIRGINIA KEY, FL VOR/DME ...... HEATT, FL FIX ...... *5000 *2100—MOCA. HEATT, FL FIX ...... *BLUFI, FL FIX ...... **6000 *6000—MCA ...... BLUFI, FL FIX, S BND. **2000—MOCA. BLUFI, FL FIX ...... STOOP, FL FIX ...... *5000 *2000—MOCA.

§ 95.6306 VOR Federal Airway V306 Is Amended To Read in Part

JUNCTION, TX VORTAC ...... *AMUSE, TX FIX ...... **7000 *5000—MCA ...... AMUSE, TX FIX, E BND. **5000—MOCA. AMUSE, TX FIX ...... CENTEX, TX VORTAC ...... *3300 *2900—MOCA. CENTEX, TX VORTAC ...... NAVASOTA, TX VOR/DME ...... 2400 ZMSKL, TX FIX ...... CLEEP, TX FIX ...... *5000 *2400—MOCA. CLEEP, TX FIX ...... DAISETTA, TX VORTAC ...... 3100 DAISETTA, TX VORTAC ...... KUUPR, TX FIX. W BND ...... 2300 E BND ...... 2800 KUUPR, TX FIX ...... OFERS, LA FIX ...... 2800

95.6352 VOR Federal Airway V352 Is Amended To Delete

U.S. CANADIAN BORDER ...... *PATTA, ME FIX ...... 6300 *10000—MRA. HOULTON, ME VOR/DME ...... U.S. CANADIAN BORDER ...... 2000

§ 95.6404 VOR Federal Airway V404 Is Amended To Read in Part

CHILDRESS, TX VORTAC ...... *SNEED, TX FIX ...... 4700 *5000—MRA. *SNEED, TX FIX ...... WICHITA FALLS, TX VORTAC. E BND ...... 3000 W BND ...... 4700 *5000—MRA.

§ 95.6430 VOR Federal Airway V430 Is Amended To Read in Part

WILLISTON, ND VOR/DME ...... MINOT, ND VORTAC ...... *6000 *3900—MOCA.

§ 95.6438 VOR Federal Airway V438 Is Amended To Delete

GRANTSVILLE, MD VOR/DME ...... FLINT, MD FIX ...... 6000 FLINT, MD FIX ...... TOMAC, WV FIX. E BND ...... 4000 W BND ...... 6000 TOMAC, WV FIX ...... HAGERSTOWN, MD VOR ...... 4000

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 547 Effective date August 15, 2019]

From To MEA

§ 95.6474 VOR Federal Airway V474 Is Amended To Read in Part

DELRO, PA FIX ...... *MODENA, PA VORTAC ...... **10000 *10000—MCA ...... MODENA, PA VORTAC, W BND. **4000—GNSS MEA.

§ 95.6491 VOR Federal Airway V491 Is Amended To Read in Part

DICKINSON, ND VORTAC ...... MINOT, ND VORDME ...... *6000 *4400—MOCA.

§ 95.6521 VOR Federal Airway V521 Is Amended To Read in Part

§ 95.6565 VOR Federal Airway V565 Is Amended To Read in Part

LLANO, TX VORTAC ...... AMUSE, TX FIX ...... 3500 AMUSE, TX FIX ...... CENTEX, TX VORTAC ...... 3300 *2900—MOCA. CENTEX, TX VORTAC ...... COLLEGE STATION, TX VORTAC ...... 2400 Airway Segment Changeover Points From To Distance From

§ 95.8005 Jet Routes Changeover Points J153 Is Amended To Add Changeover Point

ROME, OR VOR/DME ...... BAKER CITY, OR VOR/DME ...... 120 ROME.

[FR Doc. 2019–15238 Filed 7–16–19; 8:45 am] Program rule for the Department. That guidance concerning the BILLING CODE 4910–13–P revised Privacy Program rule also implementation of the Privacy Act includes all DoD component exemption within USUHS is necessary, it will rules. Therefore, this part is now continue to be published in Instruction DEPARTMENT OF DEFENSE unnecessary and may be removed from 7751, ‘‘University Privacy Program,’’ the CFR. January 28, 2018 (available at https:// Office of the Secretary DATES: This rule is effective on July 17, www.usuhs.edu/oac/privacyact). 2019. This rule is one of 20 separate 32 CFR Part 315 FOR FURTHER INFORMATION CONTACT: component Privacy rules. With the finalization of the DoD-level Privacy [Docket ID: DOD–2019–OS–0042] Brian Rimm, 301–295–1054. SUPPLEMENTARY INFORMATION: DoD now rule at 32 CFR part 310, the Department RIN 0790–AK61 has a single DoD-level Privacy Program eliminated the need for this component rule at 32 CFR part 310 (84 FR 14728) Privacy rule, thereby reducing costs to Uniformed Services University of the public as explained in the preamble Health Sciences, Privacy Act of 1974 that contains all the codified information required for the of the DoD-level Privacy rule published AGENCY: Uniformed Services University Department. The USUHS Privacy Act on April 11, 2019, at 84 FR 14728– of Health Sciences (USUHS), Program regulation at 32 CFR part 315, 14811. Department of Defense (DoD). last updated on November 14, 1991 (56 This rule is not significant under Executive Order (E.O.) 12866, ACTION: Final rule. FR 57802), is no longer required and can be removed. ‘‘Regulatory Planning and Review.’’ SUMMARY: This final rule removes DoD’s It has been determined that Therefore, E.O. 13771, ‘‘Reducing regulation concerning the Uniformed publication of this CFR part removal for Regulation and Controlling Regulatory Services University of Health Sciences public comment is impracticable, Costs,’’ does not apply. Privacy Program. On April 11, 2019, the unnecessary, and contrary to public List of Subjects in 32 CFR Part 315 Department of Defense published a interest because it is based on the Privacy. revised DoD-level Privacy Program rule, removal of policies and procedures that which contains the necessary are either now reflected in another CFR PART 315—[REMOVED] information for an agency-wide Privacy part, 32 CFR part 310, or are publicly Program regulation under the Privacy available on the Department’s website. ■ Accordingly, by the authority of 5 Act and now serves as the single Privacy To the extent that USUHS internal U.S.C. 301, 32 CFR part 315 is removed.

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Dated: July 11, 2019. opportunity to comment pursuant to Deviation requests will be considered Aaron T. Siegel, authority under section 4(a) of the and reviewed on a case-by-case basis. Alternate OSD Federal Register Liaison Administrative Procedure Act (APA) (5 The COTP may be contacted by Officer, Department of Defense. U.S.C. 553(b)). This provision telephone at 1–800–253–7475 or can be [FR Doc. 2019–15141 Filed 7–16–19; 8:45 am] authorizes an agency to issue a rule reached by VHF–FM channel 16. Public BILLING CODE 5001–06–P without prior notice and opportunity to notifications will be made to the local comment when the agency for good maritime community prior to the event cause finds that those procedures are through the Local Notice to Mariners DEPARTMENT OF HOMELAND ‘‘impracticable, unnecessary, or contrary and Broadcast Notice to Mariners. to the public interest.’’ Under 5 U.S.C. SECURITY V. Regulatory Analyses 553(b)(B), the Coast Guard finds good Coast Guard cause exists for not publishing a notice We developed this rule after of proposed rulemaking (NPRM) with considering numerous statutes and 33 CFR Part 100 respect to this rule because it is Executive orders related to rulemaking. impracticable. This action is necessary Below we summarize our analyses [Docket Number USCG–2019–0448] to ensure the safety of life during the BB based on a number of these statutes and RIN 1625–AA08 Riverboat race. It is impracticable to Executive orders, and we discuss First publish an NPRM because the Coast Amendment rights of protestors. Special Local Regulation, Ohio River, Guard must establish this special local A. Regulatory Planning and Review Cincinnati, OH regulation by July 15, 2019 and lacks sufficient time to provide a reasonable Executive Orders 12866 and 13563 AGENCY: Coast Guard, DHS. comment period and then consider direct agencies to assess the costs and ACTION: Temporary final rule. those comments before issuing the rule. benefits of available regulatory Under 5 U.S.C. 553(d)(3), the Coast alternatives and, if regulation is SUMMARY: The Coast Guard is Guard finds that good cause exists for necessary, to select regulatory establishing a special local regulation on making this rule effective less than 30 approaches that maximize net benefits. the Ohio River from mile 465.0 to mile days after publication in the Federal Executive Order 13771 directs agencies 470.0 extending from bank to bank, on Register. Delaying this rule would be to control regulatory costs through a July 15, 2019. The special local contrary to public interest in ensuring budgeting process. This rule has not regulation is necessary to provide for the safety of spectators and vessels been designated a ‘‘significant the safety of life on these navigable during the boat race because immediate regulatory action,’’ under Executive waters near Cincinnati, Ohio, during the action is necessary to prevent possible Order 12866. Accordingly, this rule has BB Riverboat boat race. Entry of persons loss of life and property. Broadcast not been reviewed by the Office of or vessels into this area is prohibited Notices to Mariners (BNM) and sharing Management and Budget (OMB), and unless authorized by the Captain of the information with the waterway users pursuant to OMB guidance it is exempt Port Sector Ohio Valley or a designated will update mariners of the restrictions, from the requirements of Executive representative. requirements and enforcement times Order 13771. DATES: This rule is effective from 3 p.m. during this temporary situation. This regulatory action determination through 5 p.m. on July 15, 2019. is based on the size, location, and III. Legal Authority and Need for Rule ADDRESSES: To view documents duration of the special local regulation. mentioned in this preamble as being The Coast Guard is issuing this rule The special local regulation will only be available in the docket, go to https:// under authority in 46 U.S.C. 70041. The in effect for two hours and covers an www.regulations.gov, type USCG–2019– Captain of the Port Sector Ohio Valley area of the waterway stretching five 0448 in the ‘‘SEARCH’’ box and click (COTP) has determined that potential miles. The Coast Guard expects ‘‘SEARCH.’’ Click on Open Docket hazards associated with the BB minimum adverse impact to mariners Folder on the line associated with this Riverboat race from 3 p.m. through 5 from the special local regulation rule. p.m. on July 15, 2019 will be a safety activation as the event has been concern for all navigable waters of the advertised to the public. Also, mariners FOR FURTHER INFORMATION CONTACT: If Ohio River extending from mile marker may request authorization from the you have questions on this rule, call or 465.0 to mile 470.0 extending from bank COTP or a designated representative to email Petty Officer Matthew Roberts, to bank. The purpose of this rule is to transit the temporary area. Marine Safety Detachment Cincinnati, ensure safety of life on the navigable OH; telephone 513–921–9033, B. Impact on Small Entities waters in the regulated area before, [email protected]. during, and after the BB Riverboat race. The Regulatory Flexibility Act of SUPPLEMENTARY INFORMATION: 1980, 5 U.S.C. 601–612, as amended, IV. Discussion of the Rule I. Table of Abbreviations requires Federal agencies to consider The rule establishes a special local the potential impact of regulations on CFR Code of Federal Regulations regulation from 3 p.m. through 5 p.m. small entities during rulemaking. The COTP Captain of the Port Sector Ohio on July 15, 2019 on the Ohio River in term ‘‘small entities’’ comprises small Valley Cincinnati, Ohio from mile 465.0 to businesses, not-for-profit organizations DHS Department of Homeland Security FR Federal Register mile 470.0 extending from bank to bank. that are independently owned and NPRM Notice of proposed rulemaking The duration of the zone is intended to operated and are not dominant in their § Section ensure the safety of vessels and these fields, and governmental jurisdictions U.S.C. United States Code navigable waters before, during, and with populations of less than 50,000. after the scheduled event. No vessel or The Coast Guard certifies under 5 U.S.C. II. Background Information and person would be permitted to enter the 605(b) that this rule will not have a Regulatory History area without obtaining permission from significant economic impact on a The Coast Guard is issuing this the COTP or a designated substantial number of small entities. temporary rule without prior notice and representative. While some owners or operators of

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vessels intending to transit the regulated believe this rule has implications for PART 100—SPECIAL LOCAL area may be small entities, for the federalism or Indian tribes, please REGULATIONS/REGATTAS AND reasons stated in section V.A above, this contact the person listed in the FOR MARINE PARADES rule will not have a significant FURTHER INFORMATION CONTACT section economic impact on any vessel owner above. ■ 1. The authority citation for part 100 or operator. continues to read as follows: Under section 213(a) of the Small E. Unfunded Mandates Reform Act Business Regulatory Enforcement Authority: 46 U.S.C. 70041; 33 CFR 1.05– Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act 1. we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires ■ understanding this rule. If the rule Federal agencies to assess the effects of 2. Add § 100.T08–0448 to read as would affect your small business, their discretionary regulatory actions. In follows: particular, the Act addresses actions organization, or governmental § 100.T08–0448 Special Local Regulation; jurisdiction and you have questions that may result in the expenditure by a Ohio River, Cincinnati, OH. concerning its provisions or options for State, local, or tribal government, in the compliance, please contact the person aggregate, or by the private sector of (a) Location. The Ohio River, from listed in the FOR FURTHER INFORMATION $100,000,000 (adjusted for inflation) or mile 465.0 to 470.0, extending bank to CONTACT section. more in any one year. Though this rule bank. Small businesses may send comments will not result in such an expenditure, (b) Regulations. (1) In accordance on the actions of Federal employees we do discuss the effects of this rule with the general regulations in § 100.35 who enforce, or otherwise determine elsewhere in this preamble. of this part, entry into this zone is compliance with, Federal regulations to prohibited unless specifically the Small Business and Agriculture F. Environment authorized by the Captain of the Port Regulatory Enforcement Ombudsman Sector Ohio Valley (COTP) or and the Regional Small Business We have analyzed this rule under Regulatory Fairness Boards. The Department of Homeland Security designated personnel. Moreover, Ombudsman evaluates these actions Directive 023–01 and Environmental persons or vessels desiring to enter into annually and rates each agency’s Planning COMDTINST 5090.1 (series), or pass through the special local responsiveness to small business. If you which guide the Coast Guard in regulated area must request permission wish to comment on actions by complying with the National from the COTP Sector Ohio Valley or a employees of the Coast Guard, call 1– Environmental Policy Act of 1969 (42 designated representative. They may be 888–REG–FAIR (1–888–734–3247). The U.S.C. 4321–4370f), and have contacted on VHF–FM radio channel 16 Coast Guard will not retaliate against determined that this action is one of a or phone at 1–800–253–7465. small entities that question or complain category of actions that do not (2) Persons and vessels permitted to about this rule or any policy or action individually or cumulatively have a deviate from the special local regulated of the Coast Guard. significant effect on the human area requirements as well as enter the C. Collection of Information environment. This rule involves restricted area must transit at the establishing a special local regulation on slowest safe speed and comply with all This rule will not call for a new the Ohio River in Cincinnati, OH from lawful directions issued by the COTP collection of information under the mile 465.0 to mile 470.0 from 3:00 p.m. Paperwork Reduction Act of 1995 (44 Sector Ohio Valley or a designated to 5:00 p.m. on July 15, 2019 extending representative. U.S.C. 3501–3520). from bank to bank. It is categorically (c) Enforcement period. This special D. Federalism and Indian Tribal excluded from further review under local regulation will be enforced from 3 Governments paragraph L[61] in Table 3–1 of U.S. p.m. through 5 p.m. on July 15, 2019. A rule has implications for federalism Coast Guard Environmental Planning under Executive Order 13132, Implementing Procedures 5090.1. (d) Informational Broadcasts. The COTP Sector Ohio Valley or a Federalism, if it has a substantial direct G. Protest Activities effect on the States, on the relationship designated representative will inform between the national government and The Coast Guard respects the First the public through broadcast notices to the States, or on the distribution of Amendment rights of protesters. mariners of the enforcement period for power and responsibilities among the Protesters are asked to contact the the special local regulation, as well as any changes in the dates and times of various levels of government. We have person listed in the FOR FURTHER analyzed this rule under that Order and INFORMATION CONTACT section to enforcement. have determined that it is consistent coordinate protest activities so that your A.M. Beach, with the fundamental federalism message can be received without principles and preemption requirements Captain, U.S. Coast Guard, Captain of the jeopardizing the safety or security of Port Sector Ohio Valley. described in Executive Order 13132. people, places or vessels. Also, this rule does not have tribal [FR Doc. 2019–14994 Filed 7–15–19; 12:30 pm] implications under Executive Order List of Subjects in 33 CFR Part 100 BILLING CODE 9110–04–P 13175, Consultation and Coordination with Indian Tribal Governments, Marine safety, Navigation (water), because it does not have a substantial Reporting and record keeping direct effect on one or more Indian requirements, Waterways. tribes, on the relationship between the For the reasons discussed in the Federal Government and Indian tribes, preamble, the Coast Guard is proposing or on the distribution of power and to amend 33 CFR part 100 as follows: responsibilities between the Federal Government and Indian tribes. If you

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ENVIRONMENTAL PROTECTION I. Background and will be incorporated by reference in 2 AGENCY The background for this action is the next update to the SIP compilation. discussed in detail in our April 12, 2019 40 CFR Part 52 IV. Statutory and Executive Order proposal (84 FR 14903). In that Reviews document we proposed to approve the [EPA–R08–OAR–2019–0054; FRL–9995–93– SIP submittals from the State of Under the Clean Air Act, the Region 8] Colorado for Reg. No. 4 submitted on Administrator is required to approve a SIP submission that complies with the Approval and Promulgation of May 2, 2016 and May 14, 2018. The revisions update definitions, emission provisions of the Act and applicable Implementation Plans; Colorado; federal regulations. 42 U.S.C. 7410(k); Revisions to Regulation Number 4, standards, certification and labeling requirements, and citation references to 40 CFR 52.02(a). Thus, in reviewing SIP Sale and Installation of Wood-Burning submissions, the EPA’s role is to Appliances and the Use of Certain maintain consistency with the EPA’s 2015 Standards of Performance for New approve state choices, provided that Wood Burning Appliances During High they meet the criteria of the Clean Air Pollution Days Residential Wood Heaters (New Source Performance Standards 40 CFR part 60, Act. Accordingly, this action merely approves state law as meeting federal AGENCY: Environmental Protection subpart AAA). requirements and does not impose Agency (EPA). We received one comment in support of our proposed action. additional requirements beyond those ACTION: Final rule. imposed by state law. For that reason, II. Final Action this action: SUMMARY: The Environmental Protection • Is not a ‘‘significant regulatory Agency (EPA) is approving State We are approving the SIP submittals action’’ subject to review by the Office Implementation Plan (SIP) revisions to from the State of Colorado for Reg. No. of Management and Budget under Colorado Regulation Number 4 (Reg. No. 4 submitted on May 14, 2018 and May Executive Orders 12866 (58 FR 51735, 4), ‘‘Sale and Installation of Wood- 2, 2016 (except for provisions that have October 4, 1993) and 13563 (76 FR 3821, Burning Appliances and the Use of been superseded by the later submission, as to which we are not January 21, 2011); Certain Wood Burning Appliances • During High Pollution Days,’’ submitted taking any action).1 We proposed these Is not an Executive Order 13771 (82 by the State on May 2, 2016 and May actions in accordance with section 110 FR 9339, February 2, 2017) regulatory 14, 2018. The revisions update and part D of the CAA. action because SIP approvals are exempted under Executive Order 12866; definitions, emission standards, III. Incorporation by Reference • certification and labeling requirements, Does not impose an information and citation references to maintain In this document, the EPA is collection burden under the provisions consistency with the EPA’s 2015 finalizing regulatory text that includes of the Paperwork Reduction Act (44 incorporation by reference. In U.S.C. 3501 et seq.); Standards of Performance for New • Residential Wood Heaters. The EPA is accordance with requirements of 1 CFR Is certified as not having a taking this action in accordance with 51.5, the EPA is finalizing the significant economic impact on a the Clean Air Act (CAA). incorporation by reference of Colorado substantial number of small entities Reg. No. 4 pertaining to the regulation under the Regulatory Flexibility Act (5 DATES: This rule is effective on August of wood stoves as discussed in section U.S.C. 601 et seq.); 16, 2019. II. of this preamble. The EPA has made, • Does not contain any unfunded ADDRESSES: The EPA has established a and will continue to make, these mandate or significantly or uniquely docket for this action under Docket ID materials generally available through affect small governments, described in No. EPA–R08–OAR–2019–0054. All www.regulations.gov and at the EPA the Unfunded Mandates Reform Act of documents in the docket are listed on Region 8 Office (please contact the 1995 (Pub. L. 104–4); the http://www.regulations.gov website. person identified in the FOR FURTHER • Does not have federalism Although listed in the index, some INFORMATION CONTACT section of this implications as specified in Executive information is not publicly available, preamble for more information). Order 13132 (64 FR 43255, August 10, e.g., CBI or other information whose Therefore, these materials have been 1999); disclosure is restricted by statute. approved by the EPA for inclusion in • Is not an economically significant Certain other material, such as the State Implementation Plan, have regulatory action based on health or copyrighted material, is not placed on been incorporated by reference by the safety risks subject to Executive Order the internet and will be publicly EPA into that plan, are fully federally 13045 (62 FR 19885, April 23, 1997); available only in hard copy form. enforceable under sections 110 and 113 • Is not a significant regulatory action Publicly available docket materials are of the CAA as of the effective date of the subject to Executive Order 13211 (66 FR available through http:// final rulemaking of the EPA’s approval, 28355, May 22, 2001); www.regulations.gov, or please contact • Is not subject to requirements of the person identified in the FOR FURTHER 1 On November 21, 2018, the EPA proposed section 12(d) of the National INFORMATION CONTACT section for amendments to the revised 2015 NSPS, seeking Technology Transfer and Advancement additional availability information. comments on allowing retailers additional time to sell existing inventory of wood stoves and on Act of 1995 (15 U.S.C. 272 note) because FOR FURTHER INFORMATION CONTACT: whether pellet fuel requirements should be revised application of those requirements would Abby Fulton, Air and Radiation (83 FR 61574). In addition, the EPA issued an be inconsistent with the CAA; and Division, EPA, Region 8, Mailcode Advanced Notice of Proposed Rulemaking to seek • Does not provide the EPA with the comments on test methods and the 2020 8ARD–QP, 1595 Wynkoop Street, compliance deadline for tighter emission limits for discretionary authority to address, as Denver, Colorado 80202–1129, (303) forced-air furnaces, hydronic heaters and wood appropriate, disproportionate human 312–6563, [email protected]. stoves in the revised 2015 NSPS AAA (83 FR health or environmental effects, using SUPPLEMENTARY INFORMATION: 61585). If new federal requirements are finalized practicable and legally permissible through these actions, Colorado may update Reg. Throughout this document ‘‘we,’’ ‘‘us,’’ No. 4 through future SIP revisions to align Reg. No. and ‘‘our’’ means the EPA. 4 with federal requirements. 2 62 FR 27968 (May 22, 1997).

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methods, under Executive Order 12898 publication of the rule in the Federal Intergovernmental relations, (59 FR 7629, February 16, 1994). Register. A major rule cannot take effect Greenhouse gases, Lead, Nitrogen In addition, the SIP is not approved until 60 days after it is published in the dioxide, Ozone, Particulate matter, to apply on any Indian reservation land Federal Register. This action is not a Reporting and recordkeeping or in any other area where the EPA or ‘‘major rule’’ as defined by 5 U.S.C. requirements, Sulfur oxides, Volatile an Indian tribe has demonstrated that a 804(2). organic compounds. tribe has jurisdiction. In those areas of Under section 307(b)(1) of the Clean Dated: July 11, 2019. Indian country, the rule does not have Air Act, petitions for judicial review of Gregory Sopkin, tribal implications and will not impose this action must be filed in the United Regional Administrator, Region 8. substantial direct costs on tribal States Court of Appeals for the governments or preempt tribal law as appropriate circuit by September 16, 40 CFR part 52 is amended as follows: specified by Executive Order 13175 (65 2019. Filing a petition for PART 52—APPROVAL AND FR 67249, November 9, 2000). reconsideration by the Administrator of PROMULGATION OF The Congressional Review Act, 5 this final rule does not affect the finality IMPLEMENTATION PLANS U.S.C. 801 et seq., as added by the Small of this action for the purposes of judicial Business Regulatory Enforcement review nor does it extend the time ■ 1. The authority citation for part 52 Fairness Act of 1996, generally provides within which a petition for judicial continues to read as follows: that before a rule may take effect, the review may be filed, and shall not Authority: 42 U.S.C. 7401 et seq. agency promulgating the rule must postpone the effectiveness of such rule submit a rule report, which includes a or action. This action may not be Subpart G—Colorado copy of the rule, to each House of the challenged later in proceedings to Congress and to the Comptroller General enforce its requirements. (See section ■ 2. In § 52.320, in the table in of the United States. The EPA will 307(b)(2).) paragraph (c), section 5 CCR 1001–06 is submit a report containing this action List of Subjects in 40 CFR Part 52 revised to read as follows: and other required information to the U.S. Senate, the U.S. House of Environmental protection, Air § 52.320 Identification of plan. Representatives, and the Comptroller pollution control, Carbon monoxide, * * * * * General of the United States prior to Incorporation by reference, (c) * * *

State EPA Title effective effective Final rule/citation date Comments date date

*******

5 CCR 1001–06, Regulation Number 4, Sale and Installation of Wood-Burning Appliances and Use of Certain Wood Burning Appliances During High Pollution Days

I. Definitions ...... 1/14/2016 8/16/2019 [Insert Federal Register citation] Previous SIP approval 04/17/97. 7/17/2019. II. Limitation on the Sale and Instal- 4/30/2017 8/16/2019 [Insert Federal Register citation] Previous SIP approval 04/17/97. lation of Wood-Burning Stoves. 7/17/2019. III. Approval Procedure for Pellet 1/14/2016 8/16/2019 [Insert Federal Register citation] Previous SIP approval 04/17/97. Stoves. 7/17/2019. V. Enforcement ...... 1/14/2016 8/16/2019 [Insert Federal Register citation] Previous SIP approval 04/17/97. 7/17/2019. VI. List of Approved-Wood Burning 1/14/2016 8/16/2019 [Insert Federal Register citation] Previous SIP approval 04/17/97. Appliances. 7/17/2019. VII. High Pollution Days ...... 1/14/2016 8/16/2019 [Insert Federal Register citation] Previous SIP approval 04/17/97. 7/17/2019. VIII. Requirements for Installation of 4/30/2017 8/16/2019 [Insert Federal Register citation] Previous SIP approval 04/17/97. Fireplaces. 7/17/2019. IX. Implementation of Local Con- 1/14/2016 8/16/2019 [Insert Federal Register citation] Previous SIP approval 04/17/97. trols. 7/17/2019. X. References ...... 1/14/2016 8/16/2019 [Insert Federal Register citation] Previous SIP approval 04/17/97. 7/17/2019.

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* * * * * [FR Doc. 2019–15106 Filed 7–16–19; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION telephone number is (215) 814–2156. are potentially applicable to OCS AGENCY Mrs. Johansen can also be reached via sources. See 40 CFR 55.1. EPA has also electronic mail at johansen.amy@ evaluated the rules to ensure they are 40 CFR Part 55 epa.gov. not arbitrary or capricious. See 40 CFR [EPA–R03–OAR–2014–0568; FRL–9995–39- SUPPLEMENTARY INFORMATION: 55.12(e). In addition, EPA has excluded 1 Region 3] administrative or procedural rules, and I. Background requirements that regulate toxics which Outer Continental Shelf Air On April 9, 2019 (84 FR 14078), EPA are not related to the attainment and Regulations; Consistency Update for published a Notice of Proposed maintenance of Federal and state Maryland Rulemaking (NPRM) proposing to ambient air quality standards. Other approve various Maryland air pollution specific requirements of the consistency AGENCY: Environmental Protection update and the rationale for EPA’s Agency (EPA). control requirements for inclusion in the updated compilation of ‘‘State of proposed action are explained in the ACTION: Final rule. Maryland Requirements Applicable to April 9, 2019 NPRM and will not be restated here. SUMMARY: The Environmental Protection OCS Sources,’’ dated December 6, 2018, Agency (EPA) is updating a portion of which is incorporated by reference into II. Final Action the Outer Continental Shelf (OCS) Air 40 CFR part 55. EPA did not receive any EPA is taking final action to Regulations. Requirements applying to comments on the NPRM. incorporate the rules potentially OCS sources located within 25 miles of Pursuant to 40 CFR 55.12, consistency applicable to OCS sources for which the states’ seaward boundaries must be reviews will occur (1) at least annually; State of Maryland will be the COA. The updated periodically to remain (2) upon receipt of a Notice of Intent rules that EPA is taking final action to consistent with the requirements of the (NOI) under 40 CFR 55.4; or (3) when incorporate are applicable provisions of corresponding onshore area (COA), as a state or local agency submits a rule to the Code of Maryland Regulations mandated by section 328(a)(1) of the EPA to be considered for incorporation (COMAR), as amended through Clean Air Act (CAA). The portion of the by reference in 40 CFR part 55. This December 6, 2018. The rules that EPA OCS air regulations that is being action is being taken to update 40 CFR is taking final action to incorporate will updated pertains to the requirements for part 55, in accordance with the replace the rules previously OCS sources for which Maryland is the requirements at 40 CFR part 55.12, since incorporated into ‘‘State of Maryland designated COA. The State of the last consistency update occurred Requirements Applicable to OCS Maryland’s requirements discussed in more than one year ago. Sources,’’ dated May 6, 2016, which was this document, and listed in the Section 328(a) of the CAA requires incorporated by reference into 40 CFR appendix to the Federal OCS air that EPA establish requirements to part 55. See 81 FR 62393 (September 9, regulations, are approved for control air pollution from OCS sources 2016). located within 25 miles of States’ incorporation into the compilation of III. Incorporation by Reference state provisions that is incorporated by seaward boundaries that are the same as reference. onshore requirements. To comply with In this rule, EPA is finalizing this statutory mandate, EPA must regulatory text that includes DATES: This rule is effective on August incorporate applicable onshore rules incorporation by reference. In 16, 2019. The incorporation by reference into 40 CFR part 55 as they exist accordance with the requirements of 1 of a certain publication listed in this onshore. This limits EPA’s flexibility in CFR 51.5, EPA is finalizing the rule is approved by the Director of the deciding which requirements will be incorporation by reference of ‘‘State of Federal Register as of August 16, 2019. incorporated into 40 CFR part 55 and Maryland Requirements Applicable to ADDRESSES: EPA has established a prevents EPA from making substantive OCS Sources,’’ dated December 6, 2018, docket for this action under Docket ID changes to the requirements it which is the compilation of provisions Number EPA–R03–OAR–2014–0568. All incorporates. As a result, EPA may be of the COMAR described in the documents in the docket are listed on incorporating rules into 40 CFR part 55 amendments to 40 CFR part 55 set forth the https://www.regulations.gov that do not conform to all of EPA’s state below. EPA has made, and will continue website. Although listed in the index, implementation plan (SIP) guidance or to make, these materials available some information is not publicly certain requirements of the CAA. through www.regulations.gov and at the available, e.g., confidential business Consistency updates may result in the EPA Region III Office (please contact the information (CBI) or other information inclusion of state or local rules or person identified in the FOR FURTHER whose disclosure is restricted by statute. regulations into 40 CFR part 55, even INFORMATION CONTACT section of this Certain other material, such as though the same rules may ultimately be preamble for more information). copyrighted material, is not placed on disapproved for inclusion as part of the the internet and will be publicly IV. Statutory and Executive Order SIP. Inclusion in the OCS rule does not Reviews available only in hard copy form. imply that a rule meets the requirements Publicly available docket materials are of the CAA for SIP approval, nor does Under the Clean Air Act, the available through https:// it imply that the rule will be approved Administrator is required to establish www.regulations.gov, or please contact by EPA for inclusion in the SIP. requirements to control air pollution the person identified in the ‘‘For Further EPA reviewed Maryland’s rules for from OCS sources located within 25 Information Contact’’ section for inclusion in 40 CFR part 55 to ensure additional availability information. that they are rationally related to the 1 Each COA which has been delegated the authority to implement and enforce 40 CFR part 55 FOR FURTHER INFORMATION CONTACT: Mrs. attainment or maintenance of Federal or will use its administrative and procedural rules as Amy Johansen, Permits Branch (3AD10), state ambient air quality standards and onshore. However, in those instances where EPA Air and Radiation Division, U.S. compliance with part C of title I of the has not delegated authority to implement and enforce 40 CFR part 55, EPA will use its own Environmental Protection Agency, CAA, that they are not designed administrative and procedural requirements to Region 3, 1650 Arch Street, expressly to prevent exploration and implement the substantive requirements. See 40 Philadelphia, Pennsylvania 19103. The development of the OCS, and that they CFR 55.14(c)(4).

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miles of states’ seaward boundaries that have tribal implications as specified by enforce its requirements. (See section are the same as onshore air pollution Executive Order 13175 (65 FR 67249, 307(b)(2).) control requirements. To comply with November 9, 2000), because this action EPA is incorporating the rules this statutory mandate, the EPA must is not approved to apply in Indian potentially applicable to sources for incorporate applicable onshore rules country located in the state, and EPA which the State of Maryland is the COA. into 40 CFR part 55 as they exist notes that it does not impose substantial The rules that EPA is incorporating are onshore. See 42 U.S.C. 7627(a)(1); 40 direct costs on tribal governments or applicable provisions of COMAR. CFR 55.12. Thus, in promulgating OCS preemptive tribal law. List of Subjects in 40 CFR Part 55 consistency updates, EPA’s role is to Under the provisions of the maintain consistency between OCS Paperwork Reduction Act, 44 U.S.C Environmental protection, regulations and the regulations of 3501 et seq., an agency may not conduct Administrative practice and procedure, onshore areas, provided that they meet or sponsor, and a person is not required Air pollution control, Carbon monoxide, the criteria of the CAA. Accordingly, to respond to, a collection of Incorporation by reference, this action simply updates the existing information unless it displays a Intergovernmental relations, Lead, OCS requirements to make them currently valid OMB control number. Nitrogen dioxide, Outer continental consistent with requirements onshore, OMB has approved the information shelf, Ozone, Particulate matter, without the exercise of any policy collection requirements contained in 40 Permits, Reporting and recordkeeping direction by EPA. For that reason, this CFR part 55 and, by extension, this requirements, Sulfur oxides, Volatile action: update to the rules, and has assigned organic compounds. • Is not a ‘‘significant regulatory OMB control number 2060–0249. OMB Dated: June 7, 2019. action’’ subject to review by the Office approved the EPA Information Diana Esher, of Management and Budget under Collection Request (ICR) No. 1601.08 on Acting Regional Administrator, Region III. Executive Orders 12866 (58 FR 51735, September 18, 2017.2 The current Part 55 of Chapter I, title 40 of the October 4, 1993) and 13563 (76 FR 3821, approval expires September 30, 2020. Code of Federal Regulations is amended January 21, 2011); The annual public reporting and as follows: • Is not an Executive Order 13771 recordkeeping burden for collection of regulatory action because this action is information under 40 CFR part 55 is PART 55—OUTER CONTINENTAL estimated to average 643 hours per not significant under Executive Order SHELF AIR REGULATIONS 12866. response, using the definition of burden • Does not impose an information provided in 44 U.S.C. 3502(2). ■ 1. The authority citation for part 55 collection burden under the provisions The Congressional Review Act, 5 continues to read as follows: U.S.C. 801 et seq., as added by the Small of the Paperwork Reduction Act (44 Authority: Section 328 of the Clean Air U.S.C. 3501 et seq.); Business Regulatory Enforcement • Act (42 U.S.C. 7401 et seq.) as amended by Is certified as not having a Fairness Act of 1996, generally provides Public Law 101–549. that before a rule may take effect, the significant economic impact on a ■ substantial number of small entities agency promulgating the rule must 2. Section 55.14 is amended by under the Regulatory Flexibility Act (5 submit a rule report, which includes a revising paragraph (e)(10)(i)(A) to read U.S.C. 601 et seq.); copy of the rule, to each House of the as follows: • Does not contain any unfunded Congress and to the Comptroller General § 55.14 Requirements that apply to OCS mandate or significantly or uniquely of the United States. The EPA will sources located within 25 miles of States’ affect small governments, as described submit a report containing this action seaward boundaries, by State. in the Unfunded Mandates Reform Act and other required information to the * * * * * of 1995 (Public Law 104–4); U.S. Senate, the U.S. House of (e) * * * • Does not have Federalism Representatives, and the Comptroller (10) * * * implications as specified in Executive General of the United States prior to (i) * * * Order 13132 (64 FR 43255, August 10, publication of the rule in the Federal (A) State of Maryland Requirements 1999); Register. A major rule cannot take effect Applicable to OCS Sources, December 6, • Is not an economically significant until 60 days after it is published in the 2018. regulatory action based on health or Federal Register. This action is not a * * * * * safety risks subject to Executive Order ‘‘major rule’’ as defined by 5 U.S.C. ■ 3. Appendix A to part 55 is amended 13045 (62 FR 19885, April 23, 1997); 804(2). • by revising paragraph (a)(1) under the Is not a significant regulatory action Under section 307(b)(1) of the Clean heading ‘‘Maryland’’ to read as follows: subject to Executive Order 13211 (66 FR Air Act, petitions for judicial review of 28355, May 22, 2001); this action must be filed in the United Appendix A to Part 55—Listing of State • Is not subject to requirements of States Court of Appeals for the and Local Requirements Incorporated Section 12(d) of the National appropriate circuit by September 16, by Reference Into Part 55, by State Technology Transfer and Advancement 2019. Filing a petition for * * * * * Act of 1995 (15 U.S.C. 272 note) because reconsideration by the Administrator of Maryland application of those requirements would this final rule does not affect the finality be inconsistent with the CAA; and of this action for the purposes of judicial (a) * * * • Does not provide EPA with the (1) The following State of Maryland review nor does it extend the time requirements are applicable to OCS Sources, discretionary authority to address, as within which a petition for judicial December 6, 2018, State of Maryland– appropriate, disproportionate human review may be filed and shall not Department of the Environment. health or environmental effects, using postpone the effectiveness of such rule The following sections of Code of practicable and legally permissible or action. This action may not be Maryland Regulations (COMAR) Title 26 methods, under Executive Order 12898 challenged later in proceedings to Subtitle 11: (59 FR 7629, February 16, 1994). COMAR 26.11.01—General Administrative In addition, this rule incorporating by 2 OMB’s approval of the ICR can be viewed at Provisions (Effective as of December 6, reference sections of COMAR, does not www.reginfo.gov. 2018)

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COMAR 26.11.02—Permits, Approvals, and states of Connecticut, Maine, implements technical amendments to 40 Registrations (Effective as of February 12, Massachusetts, New Hampshire, Rhode CFR parts 60, 61, and 65 to reflect a 2018) Island and Vermont once the state is change in addresses for the states of COMAR 26.11.03—Permits, Approvals, and delegated. This action is editorial in Connecticut, Maine, Massachusetts, Registration- Title V Permits (Effective as of November 12, 2010) nature and is intended to provide New Hampshire, Rhode Island and COMAR 26.11.05—Air Pollution Episode accuracy and clarity to the agency’s Vermont upon delegation of authority. It System (Effective as of November 12, 2010) regulations. does not otherwise impose or amend COMAR 26.11.06—General Emission DATES: Effective August 16, 2019. any requirements. For that reason, this Standards, Prohibitions, and Restrictions action: FOR FURTHER INFORMATION CONTACT: (Effective as of July 02, 2013) • Is not a significant regulatory action COMAR 26.11.07—Open Fires (Effective as Susan Lancey, Air Permits, Toxics, and Indoor Programs Branch, U.S. subject to review by the Office of of November 12, 2010) Management and Budget under COMAR 26.11.08—Control of Incinerators Environmental Protection Agency, EPA (Effective as of December 6, 2018) Region 1 Office, 5 Post Office Square— Executive Orders 12866 (58 FR 51735, COMAR 26.11.09—Control of Fuel-Burning Suite 100, (Mail code 05–2), Boston, MA October 4, 1993) and 13563 (76 FR 3821, Equipment, Stationary Internal January 21, 2011); 02109–3912, telephone number 617– • Combustion Engines and Certain Fuel- 918–1656, [email protected]. Is not an Executive Order 13771 Burning Installations (Effective as of regulatory action because this action is SUPPLEMENTARY INFORMATION: December 6, 2018) not significant under Executive Order COMAR 26.11.13—Control of Gasoline and I. Background and Purpose 12866. Volatile Organic Compound Storage and • Handling (Effective as of July 21, 2014) The EPA is amending its regulations Does not impose an information COMAR 26.11.15—Toxic Air Pollutants in 40 CFR parts 59, 60, 61, 62, 63, 65, collection burden under the provisions (Effective as of November 12, 2010) 82 and 763 to reflect a change in the of the Paperwork Reduction Act (44 COMAR 26.11.16—Procedures Related to mailing address for EPA’s Region 1 U.S.C. 3501 et seq.); • Requirements for Toxic Air Pollutants office. The EPA is also amending its Is certified as not having a (Effective as of November 12, 2010) regulations in 40 CFR parts 60, 61, and significant economic impact on a COMAR 26.11.17—Nonattainment Provisions 65 to reflect a change in the mailing substantial number of small entities for Major New Sources and Major under the Regulatory Flexibility Act (5 Modifications (Effective as of April 09, addresses for the Region 1 states of Connecticut, Maine, Massachusetts, U.S.C. 601 et seq.); 2018) • COMAR 26.11.19—Volatile Organic New Hampshire, Rhode Island and Does not contain any unfunded Compounds from Specific Processes Vermont. This technical amendment mandate or significantly or uniquely (Effective as of September 28, 2015) merely updates and corrects the affect small governments, as described COMAR 26.11.20—Mobile Sources (Effective addresses for mailing certain reports in the Unfunded Mandates Reform Act as of November 12, 2010) and other information to EPA Region 1’s of 1995 (Pub. L. 104–4); COMAR 26.11.26—Conformity (Effective as • office and to the states of Connecticut, Does not have Federalism of November 12, 2010) implications as specified in Executive COMAR 26.11.35—Volatile Organic Maine, Massachusetts, New Hampshire, Compounds from Adhesives and Sealants Rhode Island and Vermont once Order 13132 (64 FR 43255, August 10, (Effective as of November 12, 2010) delegated a particular standard in 40 1999); • COMAR 26.11.36—Distributed Generation CFR parts 60, 61, and 65. Consequently, Is not an economically significant (Effective as of February 12, 2018) EPA has determined that this rule falls regulatory action based on health or COMAR 26.11.39—Architectural and under the ‘‘good cause’’ exemption in safety risks subject to Executive Order Industrial Maintenance (AIM) Coatings section 553(b)(3)(B) of the 13045 (62 FR 19885, April 23, 1997); (Effective as of April 2016) Administrative Procedures Act (APA) • Is not a significant regulatory action * * * * * which, upon finding ‘‘good cause,’’ subject to Executive Order 13211 (66 FR [FR Doc. 2019–14986 Filed 7–16–19; 8:45 am] authorizes agencies to dispense with 28355, May 22, 2001); BILLING CODE 6560–50–P public participation. Under section 553 In addition, it does not involve any of the APA, an agency may find good technical standards that require the cause where procedures are Agency’ consideration of voluntary ENVIRONMENTAL PROTECTION ‘‘impractical, unnecessary, or contrary consensus standards pursuant to AGENCY to the public interest.’’ Public comment Section 12(d) of the National 40 CFR Parts 59, 60, 61, 62, 63, 65, 82, is ‘‘unnecessary’’ and ‘‘contrary to the Technology Transfer and Advancement and 763 public interest’’ since the mailing Act of 1995 (15 U.S.C. 272 note). It also address has changed for Region 1 does not provide the EPA with the [FRL–9995–50–Region 1] reports submitted under 40 CFR parts discretionary authority to address, as 59, 60, 61, 62, 63, 65, 82 and 763 and appropriate, disproportionate human Change of Address for Region 1 since the Region 1 state mailing health or environmental effects, using Reports; Technical Amendments addresses have changed for reports practicable and legally permissible AGENCY: Environmental Protection submitted once the state is delegated methods, under Executive Order 12898 Agency (EPA). under 40 CFR parts 60, 61, and 65. (59 FR 7629, February 16, 1994). And it ACTION: Final rule; technical Notice in the CFR benefits the public by does not have Tribal implications amendments. updating citations. because it would not have a substantial direct effect on one or more Indian SUMMARY: The Environmental Protection II. Statutory and Executive Order Tribes, on the relationship between Agency (EPA) is amending its Reviews Federal Government and Indian Tribes, regulations to reflect a change in This final rule implements technical or on the distribution of power and address for submitting certain reports to amendments to 40 CFR parts 59, 60, 61, responsibilities between the Federal EPA’s Region 1 office and to correct the 62, 63, 65, 82, and 763 to reflect a Government and Indian Tribes as addresses for submitting certain air change in address for reports submitted specified by Executive Order 13175 (65 program reports to the EPA Region 1 to EPA’s Region 1 office and FR 67249, November 9, 2000).

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The Congressional Review Act, 5 Subpart B—National Volatile Organic § 59.512 Addresses of EPA regional U.S.C. 801 et seq., as added by the Small Compound Emission Standards for offices. Business Regulatory Enforcement Automobile Refinish Coatings * * * * * Fairness Act of 1996, generally provides EPA Region I (Connecticut, Maine, that before a rule may take effect, the ■ 2. Section 59.107 is amended by Massachusetts, New Hampshire, Rhode agency promulgating the rule must revising the Region I address to read as Island, Vermont) Director, Enforcement submit a rule report, which includes a follows: and Compliance Assurance Division, copy of the rule, to each House of the U.S. EPA Region I, 5 Post Office Congress and to the Comptroller General § 59.107 Addresses of EPA Regional Square—Suite 100 (04–2), Boston, MA Offices. of the United States. EPA will submit a 02109–3912, Attn: Air Compliance report containing this rule and other * * * * * Clerk. required information to the U.S. Senate, EPA Region I (Connecticut, Maine, * * * * * the U.S. House of Representatives, and Massachusetts, New Hampshire, Rhode the Comptroller General of the United Island, Vermont) Director, Enforcement PART 60—NEW SOURCE States prior to publication of the rule in and Compliance Assurance Division, PERFORMANCE STANDARDS the Federal Register. A major rule U.S. EPA Region I, 5 Post Office cannot take effect until 60 days after it Square—Suite 100 (04–2), Boston, MA ■ 6. The authority citation for part 60 is published in the Federal Register. 02109–3912, Attn: Air Compliance continues to read as follows: This action is not a ‘‘major rule’’ as Clerk. Authority: 42 U.S.C. 7401 et seq. defined by 5 U.S.C. * * * * * Subpart A—General Provisions List of Subjects Subpart C—National Volatile Organic ■ Part 59 Compound Emission Standards for 7. In § 60.4, amend paragraph (a) by Consumer Products revising the Region I address and by Environmental protection, Air revising paragraphs (b)(8), (b)(21), pollution control, Confidential business ■ 3. Section 59.210 is amended by (b)(23), (b)(31), (b)(41) and (b)(47), to information, Labeling, Ozone, Reporting revising the Region I address to read as read as follows: and recordkeeping requirements, follows: Volatile organic compounds. § 60.4 Address. § 59.210 Addresses of EPA Regional (a) * * * Parts 60, 61, 62, 63, and 65 Offices. Region I (Connecticut, Maine, Environmental protection, * * * * * Massachusetts, New Hampshire, Rhode Administrative practice and procedure, EPA Region I (Connecticut, Maine, Island, Vermont) Director, Enforcement Air pollution control, Reporting and Massachusetts, New Hampshire, Rhode and Compliance Assurance Division, recordkeeping requirements. Island, Vermont) Director, Enforcement U.S. EPA Region I, 5 Post Office and Compliance Assurance Division, Square—Suite 100 (04–2), Boston, MA Part 82 U.S. EPA Region I, 5 Post Office 02109–3912, Attn: Air Compliance Environmental protection, Square—Suite 100 (04–2), Boston, MA Clerk. Administrative practice and procedure, 02109–3912, Attn: Air Compliance * * * * * Air pollution control, Chemicals, Clerk. (b) * * * Exports, Government procurement, * * * * * (8) State of Connecticut, Compliance Imports, Labeling, Reporting and Analysis and Coordination Unit, Bureau recordkeeping requirements. Subpart D—National Volatile Organic of Air Management, Department of Compound Emission Standards for Part 763 Energy and Environmental Protection, Architectural Coatings 79 Elm Street, 5th Floor, Hartford, CT Environmental protection, 06106–5127. ■ Administrative practice and procedure, 4. Section 59.409(a) is amended by * * * * * Asbestos, Confidential business revising the Region I address to read as (21) State of Maine, Maine information, Hazardous substances, follows: Department of Environmental Imports, Intergovernmental § 59.409 Addresses of EPA Offices. Protection, Bureau of Air Quality, 17 relationships, Labeling, Occupational State House Station, Augusta, ME safety and health, Reporting and (a) * * * 04333–0017. recordkeeping requirements, Schools. EPA Region I (Connecticut, Maine, * * * * * Massachusetts, New Hampshire, Rhode Dated: June 19, 2019. (23) Commonwealth of Massachusetts, Island, Vermont) Director, Enforcement Deborah Szaro, Massachusetts Department of and Compliance Assurance Division, Environmental Protection, Division of Acting Regional Administrator, EPA Region U.S. EPA Region I, 5 Post Office 1. Air and Climate Programs, One Winter Square—Suite 100 (04–2), Boston, MA Street, Boston, MA 02108. Title 40 CFR parts 59, 60, 61, 62, 63, 02109–3912, Attn: Air Compliance 65, 82, and 763 are amended as follows: Clerk. * * * * * (31) State of New Hampshire, New * * * * * PART 59—NATIONAL VOLATILE Hampshire Department of ORGANIC COMPOUND EMISSION Subpart E—National Volatile Organic Environmental Services, Air Resources STANDARDS FOR CONSUMER AND Compound Emission Standards for Division, 29 Hazen Drive, P.O. Box 95, COMMERCIAL PRODUCTS Aerosol Coatings Concord, NH 03302–0095. * * * * * ■ 1. The authority citation for part 59 ■ 5. Section 59.512 is amended by (41) State of Rhode Island, Rhode continues to read as follow: revising the Region I address to read as Island Department of Environmental Authority: 42 U.S.C 7414 and 7511b(e). follows: Management, Office of Air Resources,

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235 Promenade Street, Providence, RI U.S. EPA Region I, 5 Post Office (41) State of Rhode Island, Rhode 02908. Square—Suite 100 (04–2), Boston, MA Island Department of Environmental * * * * * 02109–3912, Attn: Air Compliance Management, Office of Air Resources, (47) State of Vermont, Agency of Clerk. 235 Promenade Street, Providence, RI Natural Resources, Department of * * * * * 02908. Environmental Conservation, Air (b) * * * * * * * * Quality and Climate Division, Davis 2, (8) State of Connecticut: Compliance (47) State of Vermont, Agency of One National Life Drive, Montpelier, VT Analysis and Coordination Unit, Bureau Natural Resources, Department of 05620–3802. of Air Management, Department of Environmental Conservation, Air * * * * * Energy and Environmental Protection, Quality and Climate Division, Davis 2, 79 Elm Street, 5th Floor, Hartford, CT One National Life Drive, Montpelier, VT PART 61—NATIONAL EMISSION 06106–5127. 05620–3802. STANDARDS FOR HAZARDOUS AIR * * * * * POLLUTANTS * * * * * (21) State of Maine: Maine ■ 8. The authority citation for part 61 Department of Environmental PART 62—APPROVAL AND continues to read as follows: Protection, Bureau of Air Quality, 17 PROMULGATION OF STATE PLANS State House Station, Augusta, ME FOR DESIGNATED FACILITIES AND Authority: 42 U.S.C. 7401 et seq. 04333–0017. POLLUTANTS * * * * * Subpart A—General Provisions ■ (23) Commonwealth of Massachusetts, 10. The authority citation for part 62 ■ 9. In § 61.04, amend paragraph (a) by Massachusetts Department of continues to read as follows: revising the Region I address, and by Environmental Protection, Division of Authority: 42 U.S.C. 7401 et seq. revising paragraphs (b)(8), (b)(21), Air and Climate Programs, One Winter (b)(23), (b)(31), (b)(41) and (b)(47), to Street, Boston, MA 02108. Subpart A—General Provisions read as follows: * * * * * ■ 11. Section 62.10 is amended by § 61.04 Address. (31) State of New Hampshire, New adding a heading to the table and (a) * * * Hampshire Department of revising the first entry for the Region I Region I (Connecticut, Maine, Environmental Services, Air Resources address in the table to read as follows: Massachusetts, New Hampshire, Rhode Division, 29 Hazen Drive, P.O. Box 95, Island, Vermont) Director, Enforcement Concord, NH 03302–0095. § 62.10 Submission to Administrator. and Compliance Assurance Division, * * * * * * * * * *

TABLE 1 TO § 62.10

Region and jurisdiction covered Address

I—Connecticut, Maine, Massachusetts, New Hampshire, Director, Enforcement and Compliance Assurance Division, U.S. EPA Region I, 5 Rhode Island, and Vermont. Post Office Square—Suite 100 (04–2), Boston, MA 02109–3912, Attn: Air Compli- ance Clerk.

*******

PART 63—NATIONAL EMISSIONS 02109–3912, Attn: Air Compliance U.S. EPA Region I, 5 Post Office STANDARDS FOR HAZARDOUS AIR Clerk. Square—Suite 100 (04–2), Boston, MA POLLUTANTS * * * * * 02109–3912, Attn: Air Compliance Clerk. ■ 12. The authority citation for part 63 PART 65—CONSOLIDATED FEDERAL * * * * * continues to read as follows: AIR RULE (b) * * * (7) Connecticut. Compliance Analysis Authority: 42 U.S.C. 7401 et seq. ■ 14. The authority citation for part 65 and Coordination Unit, Bureau of Air continues to read as follows: Subpart A—General Provisions Management, Department of Energy and Authority: 42 U.S.C. 7401 et seq. Environmental Protection, 79 Elm ■ Street, 5th Floor, Hartford, CT 06106– 13. Section 63.13(a) is amended by Subpart A—General Provisions 5127. revising the address for Region I to read * * * * * as follows: ■ 15. In § 65.14, amend paragraph (a) by (19) Maine. Maine Department of revising the Region I address and by Environmental Protection, Bureau of Air § 63.13 Addresses of State air pollution revising paragraphs (b)(7), (b)19), Quality, 17 State House Station, control agencies and EPA Regional Offices. (b)(21), (b)(29), (b)(39) and (b)(45), to Augusta, ME 04333–0017. (a)* * * read as follows: * * * * * EPA Region I (Connecticut, Maine, § 65.14 Addresses. (21) Massachusetts. Massachusetts Massachusetts, New Hampshire, Rhode (a)* * * Department of Environmental Island, Vermont) Director, Enforcement Region I (Connecticut, Maine, Protection, Division of Air and Climate and Compliance Assurance Division, Massachusetts, New Hampshire, Rhode Programs, One Winter Street, Boston, U.S. EPA Region I, 5 Post Office Island, Vermont) Director, Enforcement MA 02108. Square—Suite 100 (04–2), Boston, MA and Compliance Assurance Division, * * * * *

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(29) New Hampshire. New Hampshire Appendix C to Subpart E of Part 763— DATES: Effective July 17, 2019, through Department of Environmental Services, Asbestos Model Accreditation Plan December 31, 2019. Air Resources Division, 29 Hazen Drive, * * * * * FOR FURTHER INFORMATION CONTACT: P.O. Box 95, Concord, NH 03302–0095. II. * * * Steve Whitney, 907–586–7228. * * * * * C. * * * (39) Rhode Island. Rhode Island 3. * * * SUPPLEMENTARY INFORMATION: NMFS Department of Environmental EPA, Region 1, Asbestos Coordinator, manages the groundfish fishery in the Management, Office of Air Resources, 5 Post Office Square—Suite 100 (05–4), Bering Sea and Aleutian Islands 235 Promenade Street, Providence, RI Boston, MA 02109–3912, (617) 918– management area (BSAI) according to 02908. 1563. the Fishery Management Plan for * * * * * * * * * * Groundfish of the Bering Sea and (45) Vermont. Agency of Natural ■ 20. Appendix D to subpart E is Aleutian Islands Management Area Resources, Department of (FMP) prepared by the North Pacific Environmental Conservation, Air amended by revising the address for Region I address to read as follows: Fishery Management Council under Quality and Climate Division, Davis 2, authority of the Magnuson-Stevens One National Life Drive, Montpelier, VT Appendix D to Subpart E of Part 763— Fishery Conservation and Management 05620–3802. Transport and Disposal of Asbestos Act. Regulations governing fishing by * * * * * Waste U.S. vessels in accordance with the FMP PART 82—PROTECTION OF * * * * * appear at subpart H of 50 CFR part 600 and 50 CFR part 679. STRATOSPHERIC OZONE Region I The 2019 flathead sole, rock sole, and ■ 16. The authority for part 82 Asbestos NESHAPs Contact, yellowfin sole Amendment 80 Enforcement and Compliance Assurance continues to read as follows: allocations of the total allowable catch Division, USEPA, Region I, 5 Post Office Authority: 42 U.S.C. 7414, 7601, 7671– (TAC) specified in the BSAI are 9,949 7671q. Square—Suite 100 (05–4), Boston, MA 02109–3912, (617) 918–1739. metric tons (mt), 36,060 mt, and 115,171 Subpart B—Servicing of Motor Vehicle mt, respectively, as established by the * * * * * final 2019 and 2020 harvest Air Conditioners [FR Doc. 2019–13579 Filed 7–16–19; 8:45 am] specifications for groundfish in the BILLING CODE 6560–50–P ■ 17. Section 82.42 is amended by BSAI (84 FR 9000, March 13, 2019). The revising paragraph (a)(1)(iii)(A) to read 2019 flathead sole, rock sole, and as follows: yellowfin sole Amendment 80 ABC DEPARTMENT OF COMMERCE reserves are 46,548 mt, 64,117 mt, and § 82.42 Certification, recordkeeping and public notification requirements. National Oceanic and Atmospheric 97,516 mt, respectively, as established (a) * * * Administration by the final 2019 and 2020 harvest (1) * * * specifications for groundfish in the (iii) * * * 50 CFR Part 679 BSAI (84 FR 9000, March 13, 2019). (A) Owners or lessees of recycling or [Docket No. 180713633–9174–02] The Alaska Seafood Cooperative has recovery equipment having their places requested that NMFS exchange 5,200 mt of business in Connecticut, Maine, RIN 0648–XG086 of rock sole Amendment 80 allocation of Massachusetts, New Hampshire, Rhode Fisheries of the Exclusive Economic the TAC for 3,200 mt of flathead sole Island, and Vermont must send their and 2,000 mt of yellowfin sole certifications to: CAA section 609 Zone Off Alaska; Exchange of Flatfish Amendment 80 ABC reserves under Enforcement Contact; EPA Region I; in the Bering Sea and Aleutian Islands § 679.91(i). Therefore, in accordance Mail Code 04–2; 5 Post Office Square— Management Area Suite 100, Boston, MA 02109–3912. with § 679.91(i), NMFS exchanges 5,200 AGENCY: National Marine Fisheries mt of rock sole Amendment 80 * * * * * Service (NMFS), National Oceanic and allocation of the TAC for 3,200 mt of Atmospheric Administration (NOAA), PART 763—ASBESTOS-CONTAINING flathead sole and 2,000 mt of yellowfin Commerce. MATERIAL IN SCHOOLS sole Amendment 80 ABC reserves in the ACTION: Temporary rule; reallocation. BSAI. This action also decreases and ■ 18. The authority for part 763 increases the TACs and Amendment 80 SUMMARY: NMFS is exchanging continues to read as follows: ABC reserves by the corresponding allocations of Amendment 80 amounts. Tables 11 and 13 of the final Authority: 15 U.S.C. 2605, 2607(c), 2643, cooperative quota (CQ) for Amendment and 2646. 80 acceptable biological catch (ABC) 2019 and 2020 harvest specifications for reserves. This action is necessary to groundfish in the BSAI (84 FR 9000, Subpart E—Asbestos Containing March 13, 2019) and as revised (84 FR Materials in Schools allow the 2019 total allowable catch of flathead sole, rock sole, and yellowfin 24399, May 28, 2019) are further revised ■ 19. Appendix C to subpart E is sole in the Bering Sea and Aleutian as follows: amended by revising the address for Islands management area to be Region I under II.C.3 to read as follows: harvested.

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TABLE 11—FINAL 2019 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS [Amounts are in metric tons]

Pacific ocean perch Flathead sole Rock sole Yellowfin sole Sector Eastern Central Western Aleutian Aleutian Aleutian BSAI BSAI BSAI district district district

TAC ...... 11,009 8,385 10,000 17,700 42,300 155,600 CDQ ...... 1,178 897 1,070 1,552 5,440 16,078 ICA ...... 100 60 10 3,000 6,000 4,000 BSAI trawl limited access ...... 973 743 178 ...... 18,351 Amendment 80 ...... 8,758 6,685 8,742 13,149 30,860 117,171 Note: Sector apportionments may not total precisely due to rounding.

TABLE 13—FINAL 2019 AND 2020 ABC SURPLUS, ABC RESERVES, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE [Amounts are in metric tons]

2019 2019 2019 2020 1 2020 1 2020 1 Sector Flathead sole Rock sole Yellowfin sole Flathead sole Rock sole Yellowfin sole

ABC ...... 66,625 118,900 263,200 68,448 143,700 257,800 TAC ...... 17,700 42,300 155,600 14,500 57,100 166,425 ABC surplus...... 48,925 76,600 107,600 53,948 86,600 91,375 ABC reserve...... 48,925 76,600 107,600 53,948 86,600 91,375 CDQ ABC reserve ...... 5,577 7,283 12,084 5,772 9,266 9,777 Amendment 80 ABC reserve ...... 43,348 69,317 95,516 48,176 77,334 81,598 1 The 2020 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2019.

Classification Alaska Seafood cooperative the BSAI. date of this action under 5 U.S.C. This action responds to the best Since these fisheries are currently open, 553(d)(3). This finding is based upon available information recently obtained it is important to immediately inform the reasons provided above for waiver of from the fishery. The Assistant the industry as to the revised prior notice and opportunity for public Administrator for Fisheries, NOAA allocations. Immediate notification is comment. necessary to allow for the orderly (AA), finds good cause to waive the This action is required by § 679.20 conduct and efficient operation of this requirement to provide prior notice and and is exempt from review under fishery, to allow the industry to plan for opportunity for public comment Executive Order 12866. pursuant to the authority set forth at 5 the fishing season, and to avoid U.S.C. 553(b)(B) as such requirement is potential disruption to the fishing fleet Authority: 16 U.S.C. 1801 et seq. impracticable and contrary to the public as well as processors. NMFS was unable Dated: July 12, 2019. to publish a notice providing time for interest. This requirement is Jennifer M. Wallace, impracticable and contrary to the public public comment because the most recent, relevant data only became Acting Director, Office of Sustainable interest as it would prevent NMFS from Fisheries, National Marine Fisheries Service. responding to the most recent fisheries available as of July 3, 2019. [FR Doc. 2019–15194 Filed 7–16–19; 8:45 am] data in a timely fashion and would The AA also finds good cause to delay the flatfish exchange by the waive the 30-day delay in the effective BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 84, No. 137

Wednesday, July 17, 2019

This section of the FEDERAL REGISTER also available for inspection at the ADDRESSES section for address and contains notices to the public of the proposed National Archives and Records phone number). You may also submit issuance of rules and regulations. The Administration (NARA). For comments through the internet at http:// purpose of these notices is to give interested information on the availability of FAA www.regulations.gov. persons an opportunity to participate in the Order 7400.11C at NARA, call (202) Commenters wishing the FAA to rule making prior to the adoption of the final acknowledge receipt of their comments rules. 741–6030, or go to http:// www.archives.gov/federal-register/cfr/ on this action must submit with those ibr-locations.html. comments a self-addressed, stamped DEPARTMENT OF TRANSPORTATION FAA Order 7400.11, Airspace postcard on which the following Designations and Reporting Points, is statement is made: ‘‘Comments to FAA Federal Aviation Administration published yearly and effective on Docket No. FAA–2019–0473; Airspace September 15. Docket No. 19–AEA–1’’. The postcard 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: Paul will be date/time stamped and returned Gallant, Airspace Policy Group, Office to the commenter. [Docket No. FAA–2019–0473; Airspace All communications received on or Docket No. 19–AEA–1] of Airspace Services, Federal Aviation Administration, 800 Independence before the specified comment closing RIN 2120–AA66 Avenue SW, Washington, DC 20591; date will be considered before taking telephone: (202) 267–8783. action on the proposed rule. The Proposed Amendment of Air Traffic proposal contained in this action may Service (ATS) Routes in the Vicinity of SUPPLEMENTARY INFORMATION: be changed in light of comments Ithaca, NY Authority for This Rulemaking received. A report summarizing each substantive public contact with FAA AGENCY: Federal Aviation The FAA’s authority to issue rules personnel concerned with this Administration (FAA), DOT. regarding aviation safety is found in rulemaking will be filed in the docket. ACTION: Notice of proposed rulemaking Title 49 of the United States Code. (NPRM). Subtitle I, Section 106 describes the Availability of NPRM’s authority of the FAA Administrator. An electronic copy of this document SUMMARY: This action proposes to Subtitle VII, Aviation Programs, amend VHF Omnidirectional Range may be downloaded through the describes in more detail the scope of the internet at http://www.regulations.gov. (VOR) Federal airways V–423, and V– agency’s authority. This rulemaking is 428 due to the planned Recently published rulemaking promulgated under the authority documents can also be accessed through decommissioning of the Ithaca, NY, described in Subtitle VII, Part A, the FAA’s web page at http:// VOR/DME navigation aid which Subpart I, Section 40103. Under that www.faa.gov/air_traffic/publications/ provides navigation guidance for section, the FAA is charged with airspace_amendments/. segments of the routes. The Ithaca VOR/ prescribing regulations to assign the use You may review the public docket DME is being decommissioned as part of of the airspace necessary to ensure the containing the proposal, any comments the FAA’s VOR Minimum Operational safety of aircraft and the efficient use of received and any final disposition in Network (MON) program. airspace. This regulation is within the person in the Dockets Office (see DATES: Comments must be received on scope of that authority as it would ADDRESSES section for address and or before September 3, 2019. modify the VOR Federal airway route phone number) between 9:00 a.m. and ADDRESSES: Send comments on this structure in the northeastern United 5:00 p.m., Monday through Friday, proposal to the U.S. Department of States to maintain the efficient flow of except federal holidays. An informal Transportation, Docket Operations, 1200 air traffic. docket may also be examined during New Jersey Avenue SE, West Building normal business hours at the office of Comments Invited Ground Floor, Room W12–140, the Eastern Service Center, Federal Washington, DC 20590; telephone: 1 Interested parties are invited to Aviation Administration, Room 210, (800) 647–5527 or (202) 366–9826. You participate in this proposed rulemaking 1701 Columbia Ave., College Park, GA must identify FAA Docket No. FAA– by submitting such written data, views, 30337. 2019–0473; Airspace Docket No. 19– or arguments as they may desire. AEA–1 at the beginning of your Comments that provide the factual basis Availability and Summary of comments. You may also submit supporting the views and suggestions Documents for Incorporation by comments through the internet at http:// presented are particularly helpful in Reference www.regulations.gov. developing reasoned regulatory This document proposes to amend FAA Order 7400.11C, Airspace decisions on the proposal. Comments FAA Order 7400.11C, Airspace Designations and Reporting Points, and are specifically invited on the overall Designations and Reporting Points, subsequent amendments can be viewed regulatory, aeronautical, economic, dated August 13, 2018, and effective online at http://www.faa.gov/air_traffic/ environmental, and energy-related September 15, 2018. FAA Order publications/. For further information, aspects of the proposal. 7400.11C is publicly available as listed you can contact the Airspace Policy Communications should identify both in the ADDRESSES section of this Group, Federal Aviation docket numbers (FAA Docket No. FAA– proposed rule. FAA Order 7400.11C Administration, 800 Independence 2019–0473; Airspace Docket No. 19– lists Class A, B, C, D, and E airspace Avenue SW, Washington, DC 20591; AEA–1 and be submitted in triplicate to areas, air traffic service routes, and telephone: (202) 267–8783. The Order is the Docket Management Facility (see reporting points.

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The Proposal List of Subjects in 14 CFR Part 71 (VOR) Federal airway V–37 in the The FAA is proposing an amendment Airspace, Incorporation by reference, northeast United States to reflect to Title 14 Code of Federal Regulations Navigation (air). changes being made in Canadian (14 CFR) part 71 to amend VOR Federal airspace. The modification is necessary The Proposed Amendment airways V–423 and V–428 due to the due to the planned decommissioning of planned decommissioning of the Ithaca, In consideration of the foregoing, the the Aylmer, Canada, VOR navigation aid NY, VOR/DME. The proposed changes Federal Aviation Administration (NAVAID), which provides navigation are described below. proposes to amend 14 CFR part 71 as guidance for portions of V–37. The V–423: V–423 currently extends follows: Aylmer VOR is being decommissioned between the Williamsport, PA, VOR/ as part of NAV CANADA’s NAVAID DME, and the Syracuse, NY, VORTAC. PART 71—DESIGNATION OF CLASS A, Modernization Program. The FAA proposes to remove the route B, C, D, AND E AIRSPACE AREAS; AIR DATES: Comments must be received on segments between the Binghamton, NY, TRAFFIC SERVICE ROUTES; AND or before September 3, 2019. VOR/DME and Syracuse, NY. As REPORTING POINTS ADDRESSES: Send comments on this amended, V–423 would extend between proposal to the U.S. Department of ■ 1. The authority citation for part 71 Williamsport, PA, and Binghamton, NY. Transportation, Docket Operations, 1200 continues to read as follows: As an alternative, airway V–29 could be New Jersey Avenue SE, West Building used for flights between Binghamton Authority: 49 U.S.C. 106(f), 106(g); 40103, Ground Floor, Room W12–140, and Syracuse. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Washington, DC 20590; telephone: V–428: V–428 currently extends 1959–1963 Comp., p. 389. 1(800) 647–5527, or (202) 366–9826. between the Elmira, NY, VOR/DME and § 71.1 [Amended] You must identify FAA Docket No. the Utica, NY, VORTAC. The FAA ■ FAA–2019–0538; Airspace Docket No. 2. The incorporation by reference in 19–AEA–4 at the beginning of your proposes to remove the segments of V– 14 CFR 71.1 of FAA Order 7400.11C, 428 between Elmira, NY, and the comments. You may also submit Airspace Designations and Reporting comments through the internet at http:// Georgetown, NY, VORTAC. As Points, dated August 13, 2018, and amended, V–322 would extend between www.regulations.gov. effective September 15, 2018, is FAA Order 7400.11C, Airspace Georgetown, NY, and Utica, NY. amended as follows: Domestic VOR Federal airways are Designations and Reporting Points, and published in paragraph 6010(a) of FAA Paragraph 6010(a) Domestic VOR Federal subsequent amendments can be viewed Order 7400.11C, dated August 13, 2018, Airways. online at http://www.faa.gov/air_traffic/ and effective September 15, 2018, which * * * * * publications/. For further information, is incorporated by reference in 14 CFR V–423 [Amended] you can contact the Airspace Policy 71.1. The VOR Federal airways listed in Group, Federal Aviation From Williamsport, PA; to Binghamton, Administration, 800 Independence this document would be subsequently NY. published in the Order. Avenue SW, Washington, DC 20591; V–428 [Amended] telephone: (202) 267–8783. The Order is Regulatory Notices and Analyses From Georgetown, NY; to Utica, NY. also available for inspection at the The FAA has determined that this * * * * * National Archives and Records proposed regulation only involves an Administration (NARA). For Issued in Washington, DC, on July 8, 2019. established body of technical information on the availability of FAA regulations for which frequent and Rodger A. Dean Jr., Order 7400.11C at NARA, call (202) routine amendments are necessary to Manager, Airspace Policy Group. 741–6030, or go to https:// keep them operationally current. It, [FR Doc. 2019–15113 Filed 7–16–19; 8:45 am] www.archives.gov/federal-register/cfr/ therefore: (1) Is not a ‘‘significant BILLING CODE 4910–13–P ibr-locations.html. regulatory action’’ under Executive FAA Order 7400.11, Airspace Order 12866; (2) is not a ‘‘significant Designations and Reporting Points, is rule’’ under Department of DEPARTMENT OF TRANSPORTATION published yearly and effective on Transportation (DOT) Regulatory September 15. Federal Aviation Administration Policies and Procedures (44 FR 11034; FOR FURTHER INFORMATION CONTACT: February 26, 1979); and (3) does not Colby Abbott, Airspace Policy Group, 14 CFR Part 71 warrant preparation of a regulatory Office of Airspace Services, Federal evaluation as the anticipated impact is [Docket No. FAA–2019–0538; Airspace Aviation Administration, 800 so minimal. Since this is a routine Docket No. 19–AEA–4] Independence Avenue SW, Washington, matter that will only affect air traffic DC 20591; telephone: (202) 267–8783. RIN 2120–AA66 procedures and air navigation, it is SUPPLEMENTARY INFORMATION: certified that this proposed rule, when Proposed Amendment of VOR Federal Authority for This Rulemaking promulgated, will not have a significant Airway V–37 Due to the Planned economic impact on a substantial Decommissioning of Aylmer, Canada, The FAA’s authority to issue rules number of small entities under the VHF Omnidirectional Range (VOR) regarding aviation safety is found in criteria of the Regulatory Flexibility Act. Navigation Aid Title 49 of the United States Code. Subtitle I, Section 106 describes the Environmental Review AGENCY: Federal Aviation authority of the FAA Administrator. This proposal will be subject to an Administration (FAA), DOT. Subtitle VII, Aviation Programs, environmental analysis in accordance ACTION: Notice of proposed rulemaking describes in more detail the scope of the with FAA Order 1050.1F, (NPRM). agency’s authority. This rulemaking is ‘‘Environmental Impacts: Policies and promulgated under the authority Procedures’’ prior to any FAA final SUMMARY: This action proposes to described in Subtitle VII, Part A, regulatory action. amend VHF Omnidirectional Range Subpart I, Section 40103. Under that

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section, the FAA is charged with received and any final disposition in Canada, VOR in March 2020 as one of prescribing regulations to assign the use person in the Dockets Office (see the VORs identified in their NAVAID of the airspace necessary to ensure the ADDRESSES section for address and Modernization Program. With the safety of aircraft and the efficient use of phone number) between 9:00 a.m. and planned decommissioning of the airspace. This regulation is within the 5:00 p.m., Monday through Friday, Aylmer VOR, the ground-based scope of that authority as it would except federal holidays. An informal NAVAID coverage in the area is modify the National Airspace System as docket may also be examined during insufficient to continue to define the necessary to preserve the safe and normal business hours at the office of JARVS and FOWEL fixes along V–37 efficient flow of air traffic. the Operations Support Group, Central within Canada using intersecting VOR Service Center, Federal Aviation Comments Invited radials. Cleveland Air Route Traffic Administration, 10101 Hillwood Blvd., Control Center, Buffalo Terminal Radar Interested parties are invited to Fort Worth, TX 76177. Approach Control, and NAV CANADA participate in this proposed rulemaking Availability and Summary of have agreed that usage of the V–37 by submitting such written data, views, airway segment north of the Erie, PA, or arguments as they may desire. Documents for Incorporation by Reference VOR/Tactical Air Navigation (VORTAC) Comments that provide the factual basis NAVAID for cross border air traffic is supporting the views and suggestions This document proposes to amend minimal and that there is adequate radar presented are particularly helpful in FAA Order 7400.11C, Airspace coverage over the area to provide air developing reasoned regulatory Designations and Reporting Points, traffic control (ATC) services. As such, decisions on the proposal. Comments dated August 13, 2018, and effective the proposed modification to V–37 are specifically invited on the overall September 15, 2018. FAA Order would result in the airway terminating regulatory, aeronautical, economic, 7400.11C is publicly available as listed at the Erie VORTAC and not crossing environmental, and energy-related in the ADDRESSES section of this into Canada. To overcome the loss of the aspects of the proposal. document. FAA Order 7400.11C lists airway segments extending beyond the Communications should identify both Class A, B, C, D, and E airspace areas, Erie VORTAC into Canada, NAV docket numbers (FAA Docket No. FAA– air traffic service routes, and reporting CANADA plans to convert the JARVS 2019–0538; Airspace Docket No. 19– points. and FOWEL fixes to waypoints. IFR AEA–4) and be submitted in triplicate to Background traffic could file point to point through the Docket Management Facility (see NAV CANADA, which operates the affected area using the waypoints ADDRESSES section for address and that will be established, or receive ATC phone number). You may also submit Canada’s civil air navigation service, is continuing to implement various radar vectors through the area. Visual comments through the internet at http:// flight rules pilots who elect to navigate www.regulations.gov. changes to Canada’s instrument flight rules (IFR) navigation infrastructure as via the airways through the affected area Commenters wishing the FAA to could also take advantage of the acknowledge receipt of their comments part of their NAVAID Modernization Program to enhance the efficiency of waypoints or ATC services listed on this action must submit with those previously. comments a self-addressed, stamped operations by taking advantage of postcard on which the following performance based navigation and The Proposal modern avionic capabilities. The statement is made: ‘‘Comments to FAA The FAA is proposing an amendment Docket No. FAA–2019–0538; Airspace changes being implemented by NAV CANADA occasionally affect parts of to Title 14 Code of Federal Regulations Docket No. 19–AEA–4.’’ The postcard (14 CFR) part 71 to modify VOR Federal will be date/time stamped and returned U.S. VOR Federal airways that extend into Canadian airspace. As a result, airway V–37. The planned to the commenter. decommissioning of the Aylmer, All communications received on or changes are required to the V–37 Canada, VOR has made this action before the specified comment closing description to mirror changes that have necessary. The proposed change is date will be considered before taking been made previously and that are outlined below. action on the proposed rule. The planned to be made on the Canadian proposal contained in this action may side of the border. V–37: V–37 currently extends be changed in light of comments In 2014, NAV CANADA published between the Craig, FL, VORTAC and the received. All comments submitted will their Aeronautical Information Toronto, ON, Canada, VOR/DME, be available for examination in the Regulation And Control (AIRAC) excluding the airspace within Canada. public docket both before and after the Canada update, AIRAC Issue 34, The FAA proposes to remove the airway comment closing date. A report effective November 13, 2014, which segments between the Erie, PA, summarizing each substantive public revoked the V–37 airway segment from VORTAC and the Toronto, ON, Canada, contact with FAA personnel concerned the JARVS fix to the Toronto, ON, VOR/DME, and the language excluding with this rulemaking will be filed in the Canada, VOR/DME within Canadian the airspace within Canada. The docket. airspace. Then, in 2015, NAV CANADA unaffected portions of the existing published the Canada Aeronautical airway would remain as charted. Availability of NPRMs Charts Supplement, Volume 19/Number All radials in the route description An electronic copy of this document 5, effective August 20, 2015, which below are unchanged and stated in True may be downloaded through the reflected the FOWEL and JARVS fixes degrees. internet at http://www.regulations.gov. on V–37 being composed using radials VOR Federal airways are published in Recently published rulemaking from the Aylmer VOR. Unfortunately, paragraph 6010(a) of FAA Order documents can also be accessed through the FAA overlooked accomplishing Part 7400.11C dated August 13, 2018, and the FAA’s web page at http:// 71 rulemaking actions to incorporate effective September 15, 2018, which is www.faa.gov/air_traffic/publications/ these two amendment activities at the incorporated by reference in 14 CFR airspace_amendments/. time. 71.1. The VOR Federal airways listed in You may review the public docket Today, NAV CANADA is planning the this document would be subsequently containing the proposal, any comments decommissioning of the Aylmer, published in the Order.

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Regulatory Notices and Analyses SC; Charlotte, NC; Pulaski, VA; Elkins, WV; Administration (NARA). For Clarksburg, WV; INT Clarksburg 359° and information on the availability of FAA The FAA has determined that this ° Ellwood City, PA, 185 radials; Ellwood City; Order 7400.11C at NARA, call (202) proposed regulation only involves an to Erie, PA. established body of technical 741–6030, or go to http:// * * * * * regulations for which frequent and www.archives.gov/federal-register/cfr/ routine amendments are necessary to Issued in Washington, DC, on July 8, 2019. ibr-locations.html. keep them operationally current. It, Rodger A. Dean Jr., FAA Order 7400.11, Airspace therefore: (1) Is not a ‘‘significant Manager, Airspace Policy Group. Designations and Reporting Points, is published yearly and effective on regulatory action’’ under Executive [FR Doc. 2019–15105 Filed 7–16–19; 8:45 am] September 15. Order 12866; (2) is not a ‘‘significant BILLING CODE 4910–13–P rule’’ under Department of FOR FURTHER INFORMATION CONTACT: Paul Transportation (DOT) Regulatory Gallant, Airspace Policy Group, Office Policies and Procedures (44 FR 11034; DEPARTMENT OF TRANSPORTATION of Airspace Services, Federal Aviation February 26, 1979); and (3) does not Administration, 800 Independence warrant preparation of a regulatory Federal Aviation Administration Avenue SW, Washington, DC 20591; evaluation as the anticipated impact is telephone: (202) 267–8783. so minimal. Since this is a routine 14 CFR Part 71 SUPPLEMENTARY INFORMATION: matter that will only affect air traffic [Docket No. FAA–2019–0474; Airspace Authority for This Rulemaking procedures and air navigation, it is Docket No. 19–AEA–2] certified that this proposed rule, when The FAA’s authority to issue rules promulgated, will not have a significant RIN 2120–AA66 regarding aviation safety is found in economic impact on a substantial Proposed Amendment of Air Traffic Title 49 of the United States Code. number of small entities under the Service (ATS) Routes in the Vicinity of Subtitle I, Section 106 describes the criteria of the Regulatory Flexibility Act. Glens Falls, NY authority of the FAA Administrator. Subtitle VII, Aviation Programs, Environmental Review AGENCY: Federal Aviation describes in more detail the scope of the This proposal will be subject to an Administration (FAA), DOT. agency’s authority. This rulemaking is environmental analysis in accordance ACTION: Notice of proposed rulemaking promulgated under the authority with FAA Order 1050.1F, (NPRM). described in Subtitle VII, Part A, ‘‘Environmental Impacts: Policies and Subpart I, Section 40103. Under that Procedures’’ prior to any FAA final SUMMARY: This action proposes to section, the FAA is charged with regulatory action. amend VHF Omnidirectional Range prescribing regulations to assign the use (VOR) Federal airways V–91, V–123, V– List of Subjects in 14 CFR Part 71 of the airspace necessary to ensure the 431, V–489, and V–496 due to the safety of aircraft and the efficient use of Airspace, Incorporation by reference, planned decommissioning of the Glens airspace. This regulation is within the Navigation (air). Falls, NY, VORTAC navigation aid scope of that authority as it would which provides navigation guidance for The Proposed Amendment modify the VOR Federal airway route segments of the routes. The Glens Falls structure in the eastern United States to In consideration of the foregoing, the VORTAC is being decommissioned as maintain the efficient flow of air traffic. Federal Aviation Administration part of the FAA’s VOR Minimum proposes to amend 14 CFR part 71 as Operational Network (MON) program. Comments Invited follows: DATES: Comments must be received on Interested parties are invited to or before September 3, 2019. participate in this proposed rulemaking PART 71—DESIGNATION OF CLASS A, ADDRESSES by submitting such written data, views, B, C, D, AND E AIRSPACE AREAS; AIR : Send comments on this or arguments as they may desire. TRAFFIC SERVICE ROUTES; AND proposal to the U.S. Department of Comments that provide the factual basis REPORTING POINTS Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building supporting the views and suggestions ■ 1. The authority citation for part 71 Ground Floor, Room W12–140, presented are particularly helpful in continues to read as follows: Washington, DC 20590; telephone: 1 developing reasoned regulatory (800) 647–5527 or (202) 366–9826. You decisions on the proposal. Comments Authority: 49 U.S.C. 106(f), 106(g); 40103, are specifically invited on the overall 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, must identify FAA Docket No. FAA– 1959–1963 Comp., p. 389. 2019–0474; Airspace Docket No. 19– regulatory, aeronautical, economic, AEA–2 at the beginning of your environmental, and energy-related § 71.1 [Amended] comments. You may also submit aspects of the proposal. ■ 2. The incorporation by reference in comments through the internet at http:// Communications should identify both 14 CFR 71.1 of FAA Order 7400.11C, www.regulations.gov. docket numbers (FAA Docket No. FAA– Airspace Designations and Reporting FAA Order 7400.11C, Airspace 2019–0474; Airspace Docket No. 19– Points, dated August 13, 2018, and Designations and Reporting Points, and AEA–2 and be submitted in triplicate to effective September 15, 2018, is subsequent amendments can be viewed the Docket Management Facility (see amended as follows: online at http://www.faa.gov/air_traffic/ ‘‘ADDRESSES’’ section for address and publications/. For further information, phone number). You may also submit Paragraph 6010(a) Domestic VOR Federal Airways. you can contact the Airspace Policy comments through the internet at http:// Group, Federal Aviation www.regulations.gov. * * * * * Administration, 800 Independence Commenters wishing the FAA to V–37 [Amended] Avenue SW, Washington, DC 20591; acknowledge receipt of their comments From Craig, FL; Brunswick, GA; INT telephone: (202) 267–8783. The Order is on this action must submit with those Brunswick 014° and Savannah, GA, 177° also available for inspection at the comments a self-addressed, stamped radials; Savannah; Allendale, SC; Columbia, National Archives and Records postcard on which the following

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statement is made: ‘‘Comments to FAA DME. The FAA proposes to remove the this document would be subsequently Docket No. FAA–2019–0474; Airspace route segments between the Albany, NY, published in the Order. Docket No. 19–AEA–2’’. The postcard VORTAC, and Burlington, VT. As Regulatory Notices and Analyses will be date/time stamped and returned amended, V–91 would extend between to the commenter. the intersection of the above Calverton The FAA has determined that this All communications received on or and Hampton radials; and Albany, NY. proposed regulation only involves an before the specified comment closing Alternative routing between Albany and established body of technical date will be considered before taking Burlington, VT, is available via V–542 regulations for which frequent and action on the proposed rule. The from Albany to Cambridge, NY, then V– routine amendments are necessary to proposal contained in this action may 487 to Burlington. keep them operationally current. It, be changed in light of comments V–123: V–123 currently extends therefore: (1) Is not a ‘‘significant received. A report summarizing each between the intersection of the regulatory action’’ under Executive substantive public contact with FAA Washington, DC, VOR/DME 065° radial, ° Order 12866; (2) is not a ‘‘significant personnel concerned with this and the Baltimore, MD, VORTAC 197 rule’’ under Department of rulemaking will be filed in the docket. radial; and the Glens Falls, NY, Transportation (DOT) Regulatory VORTAC. This proposal would remove Availability of NPRM’s Policies and Procedures (44 FR 11034; the segment between the Cambridge, February 26, 1979); and (3) does not An electronic copy of this document NY, VOR/DME and Glens Falls. As warrant preparation of a regulatory may be downloaded through the amended, V–123 would extend between evaluation as the anticipated impact is internet at http://www.regulations.gov. the intersection of the above so minimal. Since this is a routine Recently published rulemaking Washington, DC, and the Baltimore, matter that will only affect air traffic documents can also be accessed through MD, radials; and the Cambridge, NY, procedures and air navigation, it is VOR/DME. the FAA’s web page at http:// certified that this proposed rule, when _ V–431: V–431 currently extends www.faa.gov/air traffic/publications/ promulgated, will not have a significant _ between the intersection of the Boston, airspace amendments/. economic impact on a substantial You may review the public docket MA, VOR/DME 015° radial, and the number of small entities under the containing the proposal, any comments Gardner, MA, VOR/DME 097° radial; criteria of the Regulatory Flexibility Act. received and any final disposition in and the intersection of the Glens Falls, person in the Dockets Office (see NY, VORTAC 286° radial, and the Environmental Review ‘‘ADDRESSES’’ section for address and Albany, NY, VORTAC 350° radial. This phone number) between 9:00 a.m. and proposal would remove the segments This proposal will be subject to an 5:00 p.m., Monday through Friday, between the Gardner, MA, VOR/DME, environmental analysis in accordance except federal holidays. An informal and the intersection of the Glens Falls, with FAA Order 1050.1F, docket may also be examined during NY 286° and the Albany, NY 350° ‘‘Environmental Impacts: Policies and normal business hours at the office of radials. The amended route would Procedures’’ prior to any FAA final the Eastern Service Center, Federal extend between the intersection of the regulatory action. ° Aviation Administration, Room 210, Boston, MA, VOR/DME 015 radial, and List of Subjects in 14 CFR Part 71 1701 Columbia Ave., College Park, GA the Gardner, MA, VOR/DME 097° radial; 30337. and Gardner, MA. Airspace, Incorporation by reference, V–489: V–489 currently extends Navigation (air). Availability and Summary of between the intersection of the Sparta, Documents for Incorporation by NJ, VORTAC 300° radial and the The Proposed Amendment Reference ° Huguenot, NY, VOR/DME 196 radial; In consideration of the foregoing, the This document proposes to amend and Glens Falls, NY VORTAC. This Federal Aviation Administration FAA Order 7400.11C, Airspace proposal would remove the segment proposes to amend 14 CFR part 71 as Designations and Reporting Points, between the Albany, NY, VORTAC and follows: dated August 13, 2018, and effective Glens Falls, NY. As amended V–489 September 15, 2018. FAA Order would extend between the intersection PART 71—DESIGNATION OF CLASS A, 7400.11C is publicly available as listed of the Sparta, NJ, 300° radial and the B, C, D, AND E AIRSPACE AREAS; AIR in the ADDRESSES section of this Huguenot, NY, 196° radial; and Albany, TRAFFIC SERVICE ROUTES; AND proposed rule. FAA Order 7400.11C NY. REPORTING POINTS lists Class A, B, C, D, and E airspace V–496: V–496 currently extends areas, air traffic service routes, and between the Utica, NY, VORTAC, and ■ 1. The authority citation for part 71 reporting points. the Kennebunk, ME, VOR/DME. This continues to read as follows: proposal would remove the segments The Proposal between Utica, NY, and the Lebanon, Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, The FAA is proposing an amendment NH VOR/DME. As amended, V–496 1959–1963 Comp., p. 389. to Title 14 Code of Federal Regulations would extend between Lebanon, NH, (14 CFR) part 71 to amend VOR Federal and Kennebunk, ME. For alternative § 71.1 [Amended] airways V–91, V–123, V–431, V–489, routing between Utica, NY, and ■ 2. The incorporation by reference in and V–496 due to the planned Lebanon, NH, flights could use V–490 14 CFR 71.1 of FAA Order 7400.11C, decommissioning of the Glens Falls, from Utica, to Cambridge, NY, then V– Airspace Designations and Reporting NY, VORTAC. The proposed changes 542 from Cambridge to Lebanon. Points, dated August 13, 2018, and Domestic VOR Federal airways are are described below. effective September 15, 2018, is V–91: V–91 currently extends published in paragraph 6010(a) of FAA amended as follows: between the intersection of the Order 7400.11C, dated August 13, 2018, Calverton, NY, VOR/DME 180° radial, and effective September 15, 2018, which Paragraph 6010(a) Domestic VOR Federal and the Hampton, NY, VORTAC 223° is incorporated by reference in 14 CFR Airways. radial; and the Burlington, VT, VOR/ 71.1. The VOR Federal airways listed in * * * * *

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V–91 [Amended] New Jersey Avenue SE, West Building Comments that provide the factual basis From INT Calverton, NY, 180° and Ground Floor, Room W12–140, supporting the views and suggestions Hampton, NY, 223° radials; Calverton; Washington, DC 20590; telephone: 1 presented are particularly helpful in Bridgeport, CT; to Albany, NY. (800) 647–5527 or (202) 366–9826. You developing reasoned regulatory V–123 [Amended] must identify FAA Docket No. FAA– decisions on the proposal. Comments ° 2019–0475; Airspace Docket No. 19– are specifically invited on the overall From INT Washington, DC, 065 and regulatory, aeronautical, economic, Baltimore, MD, 197° radials, via INT ANE–2 at the beginning of your Washington, DC, 065° and Woodstown, NJ, comments. You may also submit environmental, and energy-related 230° radials; Woodstown; Robbinsville, NJ; comments through the internet at http:// aspects of the proposal. INT Robbinsville 044° and LaGuardia, NY, www.regulations.gov. Communications should identify both 213° radials; LaGuardia; INT LaGuardia 032° FAA Order 7400.11C, Airspace docket numbers (FAA Docket No. FAA– and Carmel, NY, 157° radials; Carmel; INT Designations and Reporting Points, and 2019–0475; Airspace Docket No. 19– Carmel 344° and Albany, NY, 181° radials; subsequent amendments can be viewed ANE–2 and be submitted in triplicate to Albany; to Cambridge, NY. online at http://www.faa.gov/air_traffic/ the Docket Management Facility (see V–431 [Amended] publications/. For further information, ADDRESSES section for address and phone number). You may also submit From INT Boston, MA, 015°and Gardner, you can contact the Airspace Policy MA, 097° radials, to Gardner, MA. Group, Federal Aviation comments through the internet at http:// Administration, 800 Independence www.regulations.gov. V–489 [Amended] Avenue SW, Washington, DC 20591; Commenters wishing the FAA to From INT Sparta, NJ, 300° and Huguenot, telephone: (202) 267–8783. The Order is acknowledge receipt of their comments NY, 196° radials; Huguenot; INT Huguenot on this action must submit with those ° ° also available for inspection at the 008 and Albany, NY, 209 radials; to National Archives and Records comments a self-addressed, stamped Albany, NY. Administration (NARA). For postcard on which the following V–496 [Amended] information on the availability of FAA statement is made: ‘‘Comments to FAA From Lebanon, NH; to Kennebunk, ME. Order 7400.11C at NARA, call (202) Docket No. FAA–2019–0475; Airspace Docket No. 19–ANE–2’’. The postcard * * * * * 741–6030, or go to http:// www.archives.gov/federal-register/cfr/ will be date/time stamped and returned Issued in Washington, DC, on July 8, 2019. ibr-locations.html. to the commenter. Rodger A. Dean Jr., FAA Order 7400.11, Airspace All communications received on or Manager, Airspace Policy Group. Designations and Reporting Points, is before the specified comment closing [FR Doc. 2019–15108 Filed 7–16–19; 8:45 am] published yearly and effective on date will be considered before taking BILLING CODE 4910–13–P September 15. action on the proposed rule. The proposal contained in this action may FOR FURTHER INFORMATION CONTACT: Paul be changed in light of comments Gallant, Airspace Policy Group, Office received. A report summarizing each DEPARTMENT OF TRANSPORTATION of Airspace Services, Federal Aviation substantive public contact with FAA Administration, 800 Independence Federal Aviation Administration personnel concerned with this Avenue SW, Washington, DC 20591; rulemaking will be filed in the docket. 14 CFR Part 71 telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: Availability of NPRM’s [Docket No. FAA–2019–0475; Airspace An electronic copy of this document Docket No. 19–ANE–2] Authority for This Rulemaking may be downloaded through the RIN 2120–AA66 The FAA’s authority to issue rules internet at http://www.regulations.gov. regarding aviation safety is found in Recently published rulemaking Proposed Amendment and Revocation Title 49 of the United States Code. documents can also be accessed through of Air Traffic Service (ATS) Routes in Subtitle I, Section 106 describes the the FAA’s web page at http:// the Vicinity of Berlin, NH authority of the FAA Administrator. www.faa.gov/air_traffic/publications/ Subtitle VII, Aviation Programs, _ AGENCY: Federal Aviation airspace amendments/. describes in more detail the scope of the You may review the public docket Administration (FAA), DOT. agency’s authority. This rulemaking is containing the proposal, any comments ACTION: Notice of proposed rulemaking promulgated under the authority received and any final disposition in (NPRM). described in Subtitle VII, Part A, person in the Dockets Office (see Subpart I, Section 40103. Under that ADDRESSES SUMMARY: This action proposes to section for address and section, the FAA is charged with remove VHF Omnidirectional Range phone number) between 9:00 a.m. and prescribing regulations to assign the use (VOR) Federal airway V–104, and 5:00 p.m., Monday through Friday, of the airspace necessary to ensure the modify V–322, due to the planned except federal holidays. An informal safety of aircraft and the efficient use of decommissioning of the Berlin, NH, docket may also be examined during airspace. This regulation is within the VOR/DME navigation aid which normal business hours at the office of scope of that authority as it would provides navigation guidance for the Eastern Service Center, Federal modify the VOR Federal airway route segments of the routes. The Berlin VOR/ Aviation Administration, Room 210, structure in the northeastern United DME is being decommissioned as part of 1701 Columbia Ave., College Park, GA States to maintain the efficient flow of the FAA’s VOR Minimum Operational 30337. air traffic. Network (MON) program. Availability and Summary of DATES: Comments must be received on Comments Invited Documents for Incorporation by or before September 3, 2019. Interested parties are invited to Reference ADDRESSES: Send comments on this participate in this proposed rulemaking This document proposes to amend proposal to the U.S. Department of by submitting such written data, views, FAA Order 7400.11C, Airspace Transportation, Docket Operations, 1200 or arguments as they may desire. Designations and Reporting Points,

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dated August 13, 2018, and effective Policies and Procedures (44 FR 11034; DEPARTMENT OF TRANSPORTATION September 15, 2018. FAA Order February 26, 1979); and (3) does not 7400.11C is publicly available as listed warrant preparation of a regulatory Federal Aviation Administration in the ADDRESSES section of this evaluation as the anticipated impact is proposed rule. FAA Order 7400.11C so minimal. Since this is a routine 14 CFR Part 71 lists Class A, B, C, D, and E airspace matter that will only affect air traffic areas, air traffic service routes, and procedures and air navigation, it is [Docket No. FAA–2019–0476; Airspace Docket No. 19–AGL–7] reporting points. certified that this proposed rule, when The Proposal promulgated, will not have a significant RIN 2120–AA66 economic impact on a substantial The FAA is proposing an amendment number of small entities under the Proposed Amendment of VOR Federal to Title 14 Code of Federal Regulations criteria of the Regulatory Flexibility Act. Airways V–148, V–177, and V–345 in (14 CFR) part 71 to remove VOR Federal the Vicinity of Ely, MN, and Hayward, airway V–104, and amend VOR Federal Environmental Review WI airway V–322 due to the planned decommissioning of the Berlin, NH, This proposal will be subject to an AGENCY: Federal Aviation VOR/DME. The proposed changes are environmental analysis in accordance Administration (FAA), DOT. with FAA Order 1050.1F, described below. ACTION: Notice of proposed rulemaking ‘‘Environmental Impacts: Policies and V–104: V–104 currently extends (NPRM). between the Burlington, VT, VOR/DME, Procedures’’ prior to any FAA final and the Bangor, ME, VORTAC. The FAA regulatory action. SUMMARY: This action proposes to proposes to remove V–104 in its List of Subjects in 14 CFR Part 71 amend VHF Omnidirectional Range entirety. An alternative route between (VOR) Federal airways V–148 and V– Burlington and Bangor would be Airspace, Incorporation by reference, 345 in the vicinity of Hayward, WI, and available from Burlington via V–141 to Navigation (air). remove V–177 in the vicinity of Ely, Concord, NH; then V–39 to Augusta, MN, and Hayward, WI. The VOR ME; then V–3 to Bangor. The Proposed Amendment Federal airways modifications and V–322: V–322 currently extends In consideration of the foregoing, the removal are necessary due to the between the Concord, NH, VOR/DME, planned decommissioning of the Ely, Federal Aviation Administration and the Sherbrooke, PQ, Canada, VOR/ MN, and Hayward, WI, VOR navigation proposes to amend 14 CFR part 71 as DME. The FAA proposes to remove the aids (NAVAIDs), which provide follows: segments of V–322 between the navigation guidance for portions of the intersection of the Concord, NH, VOR/ affected air traffic service (ATS) routes. ° ° PART 71—DESIGNATION OF CLASS A, DME 022 (T)/037 (M) and the Augusta, The Ely and Hayward VORs are being ° ° B, C, D, AND E AIRSPACE AREAS; AIR ME, 265 (T)/283 (M) radials (i.e., the decommissioned as part of the FAA’s charted WYLIE Fix); and the Sherbrooke TRAFFIC SERVICE ROUTES; AND REPORTING POINTS VOR Minimum Operational Network VOR/DME. As amended, V–322 would (MON) program. extend between the Concord, NH, VOR/ ■ 1. The authority citation for part 71 DATES: Comments must be received on DME, and the intersection of the or before September 3, 2019. Concord, NH, VOR/DME 022°(T)/ continues to read as follows: ° ° ADDRESSES: Send comments on this 037 (M) and the Augusta, ME, 265 (T)/ Authority: 49 U.S.C. 106(f), 106(g); 40103, 283°(M) radials (i.e., the charted WYLIE proposal to the U.S. Department of 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Transportation, Docket Operations, 1200 Fix). 1959–1963 Comp., p. 389. Alternative routing between Concord, New Jersey Avenue SE, West Building NH and Sherbrooke, Canada would be § 71.1 [Amended] Ground Floor, Room W12–140, Washington, DC 20590; telephone: available from Concord via V–141 to ■ 2. The incorporation by reference in Lebanon, NH; V–151 to Montpelier, VT; 1(800) 647–5527, or (202) 366–9826. 14 CFR 71.1 of FAA Order 7400.11C, then V–447 to Sherbrooke. You must identify FAA Docket No. Domestic VOR Federal airways are Airspace Designations and Reporting FAA–2019–0476; Airspace Docket No. published in paragraph 6010(a) of FAA Points, dated August 13, 2018, and 19–AGL–7 at the beginning of your Order 7400.11C, dated August 13, 2018, effective September 15, 2018, is comments. You may also submit and effective September 15, 2018, which amended as follows: comments through the internet at http:// is incorporated by reference in 14 CFR Paragraph 6010(a) Domestic VOR Federal www.regulations.gov. 71.1. The VOR Federal airways listed in Airways. FAA Order 7400.11C, Airspace Designations and Reporting Points, and this document would be subsequently * * * * * published in the Order. subsequent amendments can be viewed V–104 [Removed] online at http://www.faa.gov/air_traffic/ Regulatory Notices and Analyses publications/. For further information, V–322 [Amended] The FAA has determined that this you can contact the Airspace Policy proposed regulation only involves an From Concord, NH, to INT Concord Group, Federal Aviation ° ° ° established body of technical 022 (T)/037 (M) and Augusta, ME, 265 (T)/ Administration, 800 Independence ° regulations for which frequent and 283 (M) radials. Avenue SW, Washington, DC 20591; routine amendments are necessary to * * * * * telephone: (202) 267–8783. The Order is keep them operationally current. It, Issued in Washington, DC, on July 8, 2019. also available for inspection at the therefore: (1) Is not a ‘‘significant National Archives and Records regulatory action’’ under Executive Rodger A. Dean Jr., Administration (NARA). For Order 12866; (2) is not a ‘‘significant Manager, Airspace Policy Group. information on the availability of FAA rule’’ under Department of [FR Doc. 2019–15112 Filed 7–16–19; 8:45 am] Order 7400.11C at NARA, call (202) Transportation (DOT) Regulatory BILLING CODE 4910–13–P 741–6030, or go to https://

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www.archives.gov/federal-register/cfr/ All communications received on or 48694), Docket No. FAA–2011–1082. ibr-locations.html. before the specified comment closing Although the VOR portions of the Ely FAA Order 7400.11, Airspace date will be considered before taking and Hayward VOR/Distance Measuring Designations and Reporting Points, is action on the proposed rule. The Equipment (DME) NAVAIDs are published yearly and effective on proposal contained in this action may planned for decommissioning, the DME September 15. be changed in light of comments portions are being retained. The ATS FOR FURTHER INFORMATION CONTACT: received. All comments submitted will routes impacted by the Ely and Colby Abbott, Airspace Policy Group, be available for examination in the Hayward VORs are VOR Federal Office of Airspace Services, Federal public docket both before and after the airways V–148, V–177, and V–345. Aviation Administration, 800 comment closing date. A report With the planned decommissioning of Independence Avenue SW, Washington, summarizing each substantive public the Ely and Hayward VORs, the DC 20591; telephone: (202) 267–8783. contact with FAA personnel concerned remaining ground-based NAVAID SUPPLEMENTARY INFORMATION: with this rulemaking will be filed in the coverage in the Ely, MN, and Hayward, docket. WI, areas is insufficient to enable the Authority for This Rulemaking continuity of the affected airways. As Availability of NPRMs The FAA’s authority to issue rules such, the proposed modification to V– regarding aviation safety is found in An electronic copy of this document 148 would result in a gap in the airway Title 49 of the United States Code. may be downloaded through the between the next NAVAIDs beyond the Subtitle I, Section 106 describes the internet at http://www.regulations.gov. Hayward VOR; the proposed authority of the FAA Administrator. Recently published rulemaking modification to V–345 would result in Subtitle VII, Aviation Programs, documents can also be accessed through the airway ending at the NAVAID prior describes in more detail the scope of the the FAA’s web page at http:// to the Hayward VOR; and V–177 would agency’s authority. This rulemaking is www.faa.gov/air_traffic/publications/ be removed entirely. To overcome the promulgated under the authority airspace_amendments/. loss of the airway segments proposed to described in Subtitle VII, Part A, You may review the public docket be removed, instrument flight rules Subpart I, Section 40103. Under that containing the proposal, any comments (IFR) traffic could use adjacent VOR section, the FAA is charged with received and any final disposition in Federal airways V–26 and V–129 prescribing regulations to assign the use person in the Dockets Office (see between the Wausau, WI, VOR/Tactical of the airspace necessary to ensure the ADDRESSES section for address and Air Navigation (VORTAC) and the safety of aircraft and the efficient use of phone number) between 9:00 a.m. and Duluth, MN, VORTAC or VOR Federal airspace. This regulation is within the 5:00 p.m., Monday through Friday, airways V–78 and V–413 between the scope of that authority as it would except federal holidays. An informal Gopher, MN, VORTAC and the modify the National Airspace System as docket may also be examined during Ironwood, MI, VOR/DME to necessary to preserve the safe and normal business hours at the office of circumnavigate the affected area. efficient flow of air traffic. the Operations Support Group, Central Additionally, IFR traffic could file point Service Center, Federal Aviation to point through the affected area using Comments Invited Administration, 10101 Hillwood Blvd., fixes that will remain in place, or Interested parties are invited to Fort Worth, TX, 76177. receive air traffic control (ATC) radar participate in this proposed rulemaking vectors through the area. Visual flight Availability and Summary of by submitting such written data, views, rules pilots who elect to navigate via the Documents for Incorporation by or arguments as they may desire. airways through the affected area could Reference Comments that provide the factual basis also take advantage of the adjacent VOR supporting the views and suggestions This document proposes to amend Federal airways or ATC services listed presented are particularly helpful in FAA Order 7400.11C, Airspace previously. developing reasoned regulatory Designations and Reporting Points, decisions on the proposal. Comments dated August 13, 2018, and effective The Proposal are specifically invited on the overall September 15, 2018. FAA Order The FAA is proposing an amendment regulatory, aeronautical, economic, 7400.11C is publicly available as listed to Title 14 Code of Federal Regulations environmental, and energy-related in the ADDRESSES section of this (14 CFR) part 71 to modify VOR Federal aspects of the proposal. document. FAA Order 7400.11C lists airways V–148 and V–144, and remove Communications should identify both Class A, B, C, D, and E airspace areas, VOR Federal airway V–177. The docket numbers (FAA Docket No. FAA– air traffic service routes, and reporting planned decommissioning of the Ely, 2019–0476; Airspace Docket No. 19– points. MN, and Hayward, WI, VORs has made AGL–7) and be submitted in triplicate to these actions necessary. The proposed Background the Docket Management Facility (see VOR Federal airway changes are ADDRESSES section for address and The FAA is planning outlined below. phone number). You may also submit decommissioning activities for the Ely, V–148: V–148 currently extends comments through the internet at http:// MN, and Hayward, WI, VORs in 2020 as between the Falcon, CO, VORTAC and www.regulations.gov. two of the candidate VORs identified for the Houghton, MI, VOR/DME. The FAA Commenters wishing the FAA to discontinuance by the FAA’s VOR MON proposes to remove the airway segment acknowledge receipt of their comments program and listed in the final policy between the Gopher, MN, VORTAC and on this action must submit with those statement notice, ‘‘Provision of the Ironwood, MI, VOR/DME. The comments a self-addressed, stamped Navigation Services for the Next unaffected portions of the existing postcard on which the following Generation Air Transportation System airway would remain as charted. statement is made: ‘‘Comments to FAA (NextGen) Transition to Performance- V–177: V–177 currently extends Docket No. FAA–2019–0476; Airspace Based Navigation (PBN) (Plan for between the Joliet, IL, VOR/DME and Docket No. 19–AGL–7.’’ The postcard Establishing a VOR Minimum the Ely, MN, VORTAC. The FAA will be date/time stamped and returned Operational Network),’’ published in the proposes to remove the airway in its to the commenter. Federal Register of July 26, 2016 (81 FR entirety.

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V–345: V–345 currently extends Authority: 49 U.S.C. 106(f), 106(g); 40103, decommissioned in support of the between the Dells, WI, VORTAC and the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, FAA’s VOR Minimum Operational Hayward, WI, VOR/DME. The FAA 1959–1963 Comp., p. 389. Network (MON) program. proposes to remove the airway segment § 71.1 [Amended] DATES: Comments must be received on between the Eau Claire, WI, VORTAC ■ 2. The incorporation by reference in or before September 3, 2019. and the Hayward, WI, VOR/DME. The unaffected portions of the existing 14 CFR 71.1 of FAA Order 7400.11C, ADDRESSES: Send comments on this airway would remain as charted. Airspace Designations and Reporting proposal to the U.S. Department of All radials in the route descriptions Points, dated August 13, 2018, and Transportation, Docket Operations, 1200 below are unchanged and stated in True effective September 15, 2018, is New Jersey Avenue SE, West Building degrees. amended as follows: Ground Floor, Room W12–140, VOR Federal airways are published in Paragraph 6010(a) Domestic VOR Federal Washington, DC 20590; telephone: paragraph 6010(a) of FAA Order Airways. 1(800) 647–5527, or (202) 366–9826. You must identify FAA Docket No. 7400.11C dated August 13, 2018, and * * * * * effective September 15, 2018, which is FAA–2019–0542; Airspace Docket No. incorporated by reference in 14 CFR V–148 [Amended] 19–ASW–6 at the beginning of your 71.1. The VOR Federal airways listed in From Falcon, CO; Thurman, CO; 65 MSL comments. You may also submit this document would be subsequently INT Thurman 067° and Hayes Center, NE, comments through the internet at http:// ° published in the Order. 246 radials; Hayes Center; North Platte, NE; www.regulations.gov. O’Neill, NE; Sioux Falls, SD; Redwood Falls, FAA Order 7400.11C, Airspace Regulatory Notices and Analyses MN; to Gopher, MN. From Ironwood, MI; to Designations and Reporting Points, and Houghton, MI. The FAA has determined that this subsequent amendments can be viewed proposed regulation only involves an * * * * * online at http://www.faa.gov/air_traffic/ established body of technical V–177 [Removed] publications/. For further information, regulations for which frequent and * * * * * you can contact the Airspace Policy routine amendments are necessary to Group, Federal Aviation keep them operationally current. It, V–345 [Amended] Administration, 800 Independence therefore: (1) Is not a ‘‘significant From Dells, WI; INT Dells 321° and Eau Avenue SW, Washington, DC 20591; regulatory action’’ under Executive Claire, WI, 134° radials; to Eau Claire. telephone: (202) 267–8783. The Order is Order 12866; (2) is not a ‘‘significant * * * * * also available for inspection at the rule’’ under Department of Issued in Washington, DC, on July 8, 2019. National Archives and Records Transportation (DOT) Regulatory Rodger A. Dean Jr., Administration (NARA). For Policies and Procedures (44 FR 11034; information on the availability of FAA Manager, Airspace Policy Group. February 26, 1979); and (3) does not Order 7400.11C at NARA, call (202) warrant preparation of a regulatory [FR Doc. 2019–15104 Filed 7–16–19; 8:45 am] 741–6030, or go to https:// evaluation as the anticipated impact is BILLING CODE 4910–13–P www.archives.gov/federal-register/cfr/ so minimal. Since this is a routine ibr-locations.html. matter that will only affect air traffic DEPARTMENT OF TRANSPORTATION FAA Order 7400.11, Airspace procedures and air navigation, it is Designations and Reporting Points, is certified that this proposed rule, when Federal Aviation Administration published yearly and effective on promulgated, will not have a significant September 15. economic impact on a substantial number of small entities under the 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group, criteria of the Regulatory Flexibility Act. [Docket No. FAA–2019–0542; Airspace Docket No. 19–ASW–6] Office of Airspace Services, Federal Environmental Review Aviation Administration, 800 This proposal will be subject to an RIN 2120–AA66 Independence Avenue SW, Washington, environmental analysis in accordance DC 20591; telephone: (202) 267–8783. Proposed Revocation of VHF with FAA Order 1050.1F, Omnidirectional Range (VOR) Federal SUPPLEMENTARY INFORMATION: ‘‘Environmental Impacts: Policies and Airway V–369 Due to the Procedures’’ prior to any FAA final Authority for This Rulemaking Decommissioning of the Groesbeck, regulatory action. TX, VOR The FAA’s authority to issue rules List of Subjects in 14 CFR Part 71 regarding aviation safety is found in AGENCY: Federal Aviation Title 49 of the United States Code. Airspace, Incorporation by reference, Administration (FAA), DOT. Subtitle I, Section 106 describes the Navigation (air). ACTION: Notice of proposed rulemaking authority of the FAA Administrator. The Proposed Amendment (NPRM). Subtitle VII, Aviation Programs, describes in more detail the scope of the In consideration of the foregoing, the SUMMARY: This action proposes to agency’s authority. This rulemaking is Federal Aviation Administration remove VHF Omnidirectional Range promulgated under the authority proposes to amend 14 CFR part 71 as (VOR) Federal airway V–369 in its described in Subtitle VII, Part A, follows: entirety between Navasota, TX, and Subpart I, Section 40103. Under that PART 71—DESIGNATION OF CLASS A, Dallas-Fort Worth, TX. The FAA is section, the FAA is charged with B, C, D, AND E AIRSPACE AREAS; AIR proposing this action due to the planned prescribing regulations to assign the use TRAFFIC SERVICE ROUTES; AND decommissioning of the Groesbeck, TX of the airspace necessary to ensure the REPORTING POINTS (GNL), VOR navigation aid (NAVAID) safety of aircraft and the efficient use of which provides navigation guidance for airspace. This regulation is within the ■ 1. The authority citation for part 71 portions of the affected ATS routes. The scope of that authority as it would continues to read as follows: Groesbeck VOR is being modify the National Airspace System as

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necessary to preserve the safe and normal business hours at the office of The Proposal efficient flow of air traffic. the Operations Support Group, Central Service Center, Federal Aviation The FAA is proposing an amendment Comments Invited Administration, 10101 Hillwood Blvd., to Title 14 Code of Federal Regulations Interested parties are invited to Fort Worth, TX 76177. (14 CFR) part 71 to remove the participate in this proposed rulemaking description of VOR Federal airway V– by submitting such written data, views, Availability and Summary of 369. The planned decommissioning of or arguments as they may desire. Documents for Incorporation by the Groesbeck, TX, VOR has made this Comments that provide the factual basis Reference action necessary. The proposed VOR supporting the views and suggestions Federal airway action is described presented are particularly helpful in This document proposes to amend below. FAA Order 7400.11C, Airspace developing reasoned regulatory V–369: V–369 currently extends decisions on the proposal. Comments Designations and Reporting Points, dated August 13, 2018, and effective between the Navasota, TX, VOR/DME are specifically invited on the overall and the Maverick, TX, VOR/DME. The regulatory, aeronautical, economic, September 15, 2018. FAA Order 7400.11C is publicly available as listed FAA proposes to remove the airway in environmental, and energy-related its entirety. aspects of the proposal. in the ADDRESSES section of this Communications should identify both document. FAA Order 7400.11C lists VOR Federal airways are published in docket numbers (FAA Docket No. FAA– Class A, B, C, D, and E airspace areas, paragraph 6010(a) of FAA Order 2019–0542; Airspace Docket No. 19– air traffic service routes, and reporting 7400.11C dated August 13, 2018, and ASW–6) and be submitted in triplicate points. effective September 15, 2018, which is incorporated by reference in 14 CFR to the Docket Management Facility (see Background ADDRESSES section for address and 71.1. The VOR Federal airways listed in phone number). You may also submit The FAA is planning to this document would be subsequently comments through the internet at http:// decommission the Groesbeck, TX (GNL), published in the Order. www.regulations.gov. VOR in March 2020. The Groesbeck Regulatory Notices and Analyses Commenters wishing the FAA to VOR was one of the candidate VORs acknowledge receipt of their comments identified for discontinuance by the The FAA has determined that this on this action must submit with those FAA’s VOR MON program and listed in proposed regulation only involves an comments a self-addressed, stamped the Final policy statement notice, established body of technical postcard on which the following ‘‘Provision of Navigation Services for regulations for which frequent and statement is made: ‘‘Comments to FAA the Next Generation Air Transportation routine amendments are necessary to Docket No. FAA–2019–0542; Airspace System (NextGen) Transition to keep them operationally current. It, Docket No. 19–ASW–6.’’ The postcard Performance-Based Navigation (PBN) therefore: (1) is not a ‘‘significant will be date/time stamped and returned (Plan for Establishing a VOR Minimum regulatory action’’ under Executive to the commenter. Operational Network),’’ published in the Order 12866; (2) is not a ‘‘significant All communications received on or Federal Register of July 26, 2016 (81 FR rule’’ under Department of before the specified comment closing 48694), Docket No. FAA–2011–1082. Transportation (DOT) Regulatory date will be considered before taking Policies and Procedures (44 FR 11034; action on the proposed rule. The With the planned decommissioning of February 26, 1979); and (3) does not proposal contained in this action may the Groesbeck VOR, the remaining warrant preparation of a regulatory be changed in light of comments ground-based NAVAID coverage in the evaluation as the anticipated impact is received. All comments submitted will area is insufficient to enable the so minimal. Since this is a routine be available for examination in the continuity of V–369. As such, proposed matter that will only affect air traffic public docket both before and after the removal of V–369 will result in a gap in procedures and air navigation, it is comment closing date. A report the en route structure between certified that this proposed rule, when summarizing each substantive public Navasota, TX, and Dallas-Fort Worth, promulgated, will not have a significant contact with FAA personnel concerned TX. To overcome the gap that would economic impact on a substantial with this rulemaking will be filed in the result in the en route structure, the FAA number of small entities under the docket. plans to amend the current fixes located criteria of the Regulatory Flexibility Act. along V–369 by converting them into Availability of NPRMs RNAV waypoints that would remain in Environmental Review An electronic copy of this document place to assist pilots and air traffic This proposal will be subject to an may be downloaded through the controllers already familiar with them, environmental analysis in accordance internet at http://www.regulations.gov. for navigation purposes. Instrument with FAA Order 1050.1F, Recently published rulemaking flight rules (IFR) traffic could file point- ‘‘Environmental Impacts: Policies and documents can also be accessed through to-point through the affected area using Procedures’’ prior to any FAA final the FAA’s web page at http:// the waypoint fixes that will remain in regulatory action. www.faa.gov/air_traffic/publications/ place, or could receive air traffic control airspace_amendments/. (ATC) radar vectors through the area. List of Subjects in 14 CFR Part 71 You may review the public docket Additionally, the Groesbeck Distance containing the proposal, any comments Measuring Equipment (DME) facility is Airspace, Incorporation by reference, received and any final disposition in planned to be retained and charted as a Navigation (air). person in the Dockets Office (see DME facility with the ‘‘GNL’’ three- The Proposed Amendment ADDRESSES section for address and letter identifier. Visual flight rules (VFR) phone number) between 9:00 a.m. and pilots who elect to navigate via the In consideration of the foregoing, the 5:00 p.m., Monday through Friday, airways through the affected area could Federal Aviation Administration except federal holidays. An informal also take advantage of the ATC services proposes to amend 14 CFR part 71 as docket may also be examined during previously listed. follows:

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PART 71—DESIGNATION OF CLASS A, History Issued in Washington, DC, on July 8, 2019. B, C, D, AND E AIRSPACE AREAS; AIR Rodger A. Dean Jr., TRAFFIC SERVICE ROUTES; AND The FAA published a NPRM in the Manager, Airspace Policy Group. Federal Register for Docket No. FAA– REPORTING POINTS [FR Doc. 2019–15121 Filed 7–16–19; 8:45 am] 2019–0094. (84 FR 7840; March 5, BILLING CODE 4910–13–P ■ 1. The authority citation for part 71 2019). The NPRM proposed to establish continues to read as follows: restricted area R–7202 on the island of Guam, GU. Authority: 49 U.S.C. 106(f), 106(g); 40103, POSTAL REGULATORY COMMISSION 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Interested parties were invited to 1959–1963 Comp., p. 389. participate in this rulemaking effort by 39 CFR Part 3050 § 71.1 [Amended] submitting written comments on the proposal. Six comments were received. [Docket No. RM2019–7; Order No. 5146] ■ 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C, Discussion of Comments Periodic Reporting Airspace Designations and Reporting AGENCY: Postal Regulatory Commission. Points, dated August 13, 2018, and Three comments were in support of ACTION: effective September 15, 2018, is the proposal. One commenter suggested Notice of proposed rulemaking. amended as follows: relocating the range to a location where bird and wildlife have been eradicated SUMMARY: The Commission is Paragraph 6010(a) Domestic VOR Federal due to military expansion, as the acknowledging a recent filing requesting Airways. proposed location would disrupt bird the Commission initiate a rulemaking proceeding to consider changes to * * * * * and wildlife. One commenter analytical principles relating to periodic questioned the altitude of the proposal V–369 [Removed] reports (Proposal Two). This document in relation to the weapons being * * * * * informs the public of the filing, invites proposed. One commenter questioned Issued in Washington, DC, on July 8, 2019. public comment, and takes other the United States Marine Corps (USMC) administrative steps. Rodger A. Dean Jr., move from Okinawa due to China’s DATES: Comments are due: August 12, Manager, Airspace Policy Group. tyrannical influences on Japan. [FR Doc. 2019–15100 Filed 7–16–19; 8:45 am] 2019. BILLING CODE 4910–13–P FAA’s Conclusions ADDRESSES: Submit comments The FAA does not issue restricted electronically via the Commission’s Filing Online system at http:// DEPARTMENT OF TRANSPORTATION areas for small arms gun ranges within the United States. Issuing a restricted www.prc.gov. Those who cannot submit comments electronically should contact Federal Aviation Administration area for small arm gun ranges in Guam FOR FURTHER would set a precedent nationwide at the person identified in the INFORMATION CONTACT section by 14 CFR Part 73 military and countless civilian gun telephone for advice on filing clubs. This proliferation of restricted alternatives. [Docket No. FAA–2019–0094; Airspace areas would result in inefficient Docket No. 15–AWP–17] management of the National Airspace FOR FURTHER INFORMATION CONTACT: System (NAS). David A. Trissell, General Counsel, at 202–789–6820. RIN 2120–AA66 The USMC purpose and need for the airspace is to provide a safe and SUPPLEMENTARY INFORMATION: Proposed Establishment of Restricted effective area for live-fire training. The Table of Contents Area R–7202; Guam, GU FAA allows for live-fire training at small arm gun ranges in within the United I. Introduction AGENCY: Federal Aviation II. Proposal Two Administration (FAA), DOT. States without a restricted area. The III. Notice and Comment USMC has numerous live fire ranges IV. Ordering Paragraphs ACTION: Notice of proposed rulemaking without the segregation that a restricted (NPRM); withdrawal. area provides and can complete their I. Introduction mission safely and effectively in Guam SUMMARY: The FAA is withdrawing the On July 9, 2019, the Postal Service NPRM published in the Federal without one. filed a petition pursuant to 39 CFR 3050.11 requesting that the Commission Register on March 5, 2019, proposing to List of Subjects in 14 CFR Part 73 establish Restricted Area R–7202 on the initiate a rulemaking proceeding to island of Guam, GU. The FAA does not Airspace, Prohibited areas, Restricted consider changes to analytical 1 establish restricted areas for small arms areas. principles relating to periodic reports. gun ranges. The Petition identifies the proposed The Withdrawal analytical changes filed in this docket as DATES: The proposed rule establishing Proposal Two. Restricted Area R–7202 is withdrawn as ■ Accordingly, pursuant to the authority of July 17, 2019. delegated to me, the FAA withdraws the 1 Petition of the United States Postal Service for FOR FURTHER INFORMATION CONTACT: NPRM published in the Federal the Initiation of a Proceeding to Consider Proposed Kenneth Ready, Airspace Policy Group, Register on March 5, 2019 (84 FR 7840), Changes in Analytical Principles (Proposal Two), July 9, 2019 (Petition). The Postal Service filed a Office of Airspace Services, Federal FR Doc. 2019–03931, is hereby non-public library reference with Proposal Two. Aviation Administration, 800 withdrawn. Library Reference USPS–RM2019–7/NP1, Nonpublic Material Relating to Proposal Two, July Independence Avenue SW, Washington, Authority: 49 U.S.C. 106(f), 106(g); 40103, DC 20591; telephone: (202) 267–8783. 9, 2019; Notice of Filing of USPS–RM2019–7/NP1 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, and Application for Nonpublic Treatment, July 9, SUPPLEMENTARY INFORMATION: 1959–1963 Comp., p. 389. 2019.

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II. Proposal Two data to distribute inbound LC/AO ENVIRONMENTAL PROTECTION Background. In Docket No. RM2018– revenue. Id. at 3. The Postal Service AGENCY notes that Proposal Two requests review 8, the Commission approved the Postal 40 CFR Part 52 Service’s methodology to distribute of the methodology it used to distribute dispatch format revenue it receives from inbound LC/AO revenue in its FY 2018 [EPA–R08–OAR–2019–0177; FRL–9996–60– inbound LC/AO mail based whether the ACR, which was described in its Region 8] mailpiece was a letter, flat, or small response to Chairman’s Information Approval and Promulgation of packet/bulky letter.2 However, the Request No. 1. Id. at 2–3. Implementation Plans; Colorado; Commission noted that it was possible The impact of Proposal Two is that Regional Haze 5-Year Progress Report to refine the Postal Service’s revenue for inbound small packets and State Implementation Plan methodology to distribute inbound LC/ bulky letters decreases as revenue for AO revenue and that ‘‘distributing inbound letters and flats increases. Id. at AGENCY: Environmental Protection dispatch format revenue to item formats 3. The Postal Service states that this Agency (EPA). based on the revenue per piece and result is expected as the previous ACTION: Proposed rule. revenue per pound for those mail flows revenue distribution method, based where terminal dues are calculated on a SUMMARY: The Environmental Protection solely on weight, would allocate more per-item and per-kilogram basis [is] Agency (EPA) proposes to approve revenue towards the heavier weighted worthy of further evaluation.’’ Order No. Colorado’s regional haze progress 4827 at 18. Although the Postal Service small packets and bulky letters. Id. report, submitted as a revision to its incorporated such a revenue III. Notice and Comment State Implementation Plan (SIP) by the distribution methodology in its Fiscal Colorado Department of Public Health Year (FY) 2018 Annual Compliance The Commission establishes Docket and Environment (CDPHE). Colorado’s Report (ACR), the Postal Service asserts No. RM2019–7 for consideration of SIP revision addresses requirements of that there was ‘‘no prior opportunity matters raised by the Petition. More the Clean Air Act (CAA) and the EPA’s . . . to seek Commission review of the information on the Petition may be rules that require states to submit new procedure incorporated into the accessed via the Commission’s website periodic reports describing progress ACR.’’ Petition, Proposal Two at 2. In at http://www.prc.gov. Interested toward Reasonable Progress Goals the FY 2018 Annual Compliance persons may submit comments on the (RPGs) established for regional haze and a determination of the adequacy of the Determination, the Commission Petition and Proposal Two no later than state’s existing plan addressing regional accepted the Postal Service’s revenue August 12, 2019. Pursuant to 39 U.S.C. haze. Colorado’s progress report distribution for inbound LC/AO mail for 505, Katalin K. Clendenin is designated purposes of the compliance review, but explains that Colorado has implemented as an officer of the Commission (Public the measures in the regional haze plan directed the Postal Service to ‘‘file a Representative) to represent the petition for the initiation of a due to be in place by the date of the interests of the general public in this progress report and that visibility in proceeding to consider this proposed proceeding. change in analytical principles[.]’’ 3 mandatory federal Class I areas affected Proposal. The Postal Service’s IV. Ordering Paragraphs by emissions from Colorado sources is proposal seeks to revise the revenue improving. The EPA is proposing distribution methodology for inbound It is ordered: approval of Colorado’s determination LC/AO mailpieces. Currently, the Postal 1. The Commission establishes Docket that the State’s regional haze plan is adequate to meet RPGs for the first Service distributes inbound LC/AO No. RM2019–7 for consideration of the implementation period, which extended revenue based on weight proportions by matters raised by the Petition of the shape in the dispatch data. Petition, through 2018 and requires no United States Postal Service for the substantive revision at this time. Proposal Two at 3. Proposal Two would Initiation of a Proceeding to Consider DATES: Written comments must be distribute dispatch format revenue to Proposed Changes in Analytical received on or before August 16, 2019. item formats based upon the revenue Principles (Proposal Two), filed July 9, ADDRESSES: Submit your comments, per piece and the revenue per pound for 2019. those items where remuneration is identified by Docket ID No. EPA–R08– based on a per-item and per-kilogram 2. Comments by interested persons in OAR–2019–0177, to the Federal basis. Id. at 2–3. this proceeding are due no later than Rulemaking Portal: https:// Rationale and impact. The Postal August 12, 2019. www.regulations.gov. Follow the online Service states that Proposal Two will 3. Pursuant to 39 U.S.C. 505, the instructions for submitting comments. apply more detailed piece and weight Commission appoints Katalin K. Once submitted, comments cannot be Clendenin to serve as an officer of the edited or removed from 2 See generally Docket No. RM2018–8, Order On Commission (Public Representative) to www.regulations.gov. The EPA may Analytical Principles Used in Periodic Reporting represent the interests of the general publish any comment received to its (Proposal Five), September 21, 2018 (Order No. public docket. Do not submit 4827). ‘‘LC/AO’’ is an abbreviation for ‘‘lettres et public in this docket. cartes’’ and ‘‘autres objets,’’ and is French for electronically any information you ‘‘letters and cards’’ and ‘‘other objects.’’ LC/AO 4. The Secretary shall arrange for consider to be Confidential Business refers to international letters, cards, flats, bulky publication of this order in the Federal Information (CBI) or other information letters, and small packets, whether under the Register. whose disclosure is restricted by statute. Universal Postal Union (UPU) terminal dues system or bilateral or multilateral agreements. Inbound LC/ By the Commission. Multimedia submissions (audio, video, AO contrasts with Inbound Letter Post, which refers Ruth Ann Abrams, etc.) must be accompanied by a written to the Postal Service product consisting of letters, comment. The written comment is cards, flats, bulky letters, and small packets Acting Secretary. considered the official comment and received under the terminal dues system. See Mail [FR Doc. 2019–15128 Filed 7–16–19; 8:45 am] Classification Schedule (MCS), section 1130. should include discussion of all points BILLING CODE 7710–FW–P 3 Docket No. ACR2018, Annual Compliance you wish to make. The EPA will Determination Report, April 12, 2019, at 81. generally not consider comments or

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comment contents located outside of the the RPGs for each mandatory federal provided Federal Land Managers primary submission (i.e., on the web, Class I area 1 (Class I area) within the (FLMs) an opportunity to comment on cloud, or other file sharing system). For state and in each Class I area outside the the progress report.5 The EPA is additional submission methods, the full state that may be affected by emissions proposing to approve Colorado’s May 2, EPA public comment policy, from within the state. 40 CFR 51.308(g). 2016 SIP submittal. information about CBI or multimedia In addition, the provisions of 40 CFR submissions, and general guidance on 51.308(h) require states to submit, at the II. EPA’s Evaluation of Colorado’s making effective comments, please visit same time as the 40 CFR 51.308(g) Progress Report and Adequacy http://www2.epa.gov/dockets/ progress report, a determination of the Determination commenting-epa-dockets. adequacy of the state’s existing regional A. Regional Haze Progress Report Docket: All documents in the docket haze plan. The first progress report must are listed in the www.regulations.gov take the form of a SIP revision and is This section describes the contents of index. Although listed in the index, due 5 years after submittal of the initial Colorado’s progress report and the some information is not publicly regional haze SIP. Colorado submitted EPA’s analysis of the report, as well as available, e.g., CBI or other information the initial regional haze SIP on May 25, an evaluation of the determination of whose disclosure is restricted by statute. 2011 and EPA approved the SIP on adequacy required by 40 CFR 51.308(h) Certain other material, such as December 31, 2012.2 copyrighted material, will be publicly Twelve Class I areas are located in and the requirement for state and available only in hard copy. Publicly Colorado: Black Canyon of the Federal Land Manager coordination in available docket materials are available Gunnison National Park, Eagles Nest 40 CFR 51.308(i). either electronically in Wilderness Area, Flat Tops Wilderness 1. Status of Implementation of Control www.regulations.gov or in hard copy at Area, Great Sand Dunes National Park, Measures the Air and Radiation Division, La Garita Wilderness Area, Maroon Environmental Protection Agency Bells-Snowmass Wilderness Area, Mesa In its Progress Report, Colorado (EPA), Region 8, 1595 Wynkoop Street, Verde National Park, Mount Zirkle summarizes the emissions reduction Denver, Colorado 80202–1129. The EPA Wilderness Area, Rawah Wilderness measures that were relied upon by requests that if at all possible, you Area, Rocky Mountain National Park, Colorado in the regional haze plan for contact the individual listed in the FOR Weminuche Wilderness Area and West ensuring reasonable progress at the FURTHER INFORMATION CONTACT section to Elk Wilderness Area.3 Monitoring and Class I areas within the state. The State’s view the hard copy of the docket. You data representing visibility conditions regional haze SIP established RPGs for may view the hard copy of the docket in Colorado’s twelve Class I areas is 2018 and established a LTS.67 In its Monday through Friday, 8:00 a.m. to based on the six Interagency Monitoring Progress Report, the State describes 4:00 p.m., excluding federal holidays. of Protected Visual Environments Federal air pollution control programs, FOR FURTHER INFORMATION CONTACT: (IMPROVE) monitoring sites located Kate including; engine and auto pollution Gregory, Air and Radiation Division, across the state.4 standards and NO , SO and Ozone Environmental Protection Agency, On May 2, 2016, Colorado submitted 2 2 a progress report, which detailed the National Ambient Air Quality Standards Region 8, Mailcode 8ARD–QP, 1595 8 Wynkoop Street, Denver, Colorado progress made in the first planning (NAAQS). Additionally, Colorado 80202–1129, (303) 312–6175, or by period toward implementation of the describes State Regulation 9 as its 9 email at [email protected]. Long-Term Strategy (LTS) outlined in smoke management program. Colorado SUPPLEMENTARY INFORMATION: the 2012 regional haze SIP, the visibility also reviewed the status of Best Throughout this document wherever improvement measured at Class I areas Available Retrofit Technology (BART) ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean affected by emissions from Colorado requirements for the BART-eligible and the EPA. sources, and a determination of the Reasonable Progress (RP) sources in the adequacy of the State’s existing regional state. The units subject to BART and RP I. Background haze plan. The State provided a public are listed below in Table 1: Sources States are required to submit progress hearing for comment on the Progress Subject to BART and Reasonable reports that evaluate progress towards Report on November 19, 2015 and Progress in Colorado.

TABLE 1—SOURCES SUBJECT TO BART AND REASONABLE PROGRESS IN COLORADO 10

BART and Reasonable BART and Reasonable Progress (RP) eligible sources Progress (RP) source BART or Reasonable category Progress (RP) source

Clark Units 1 & 2 ...... EGU ...... RP Cherokee Units 1, 2, & 3 ...... EGU ...... RP Cherokee Unit 4 ...... EGU ...... BART Arapahoe Units 3 & 4 ...... EGU ...... RP Valmont Unit 5 ...... EGU ...... BART Pawnee Unit 1 ...... EGU ...... BART Comanche Units 1 & 2 ...... EGU ...... BART

1 Areas designated as mandatory Class I federal 3 Colorado Progress Report, p.4. 7 77 FR 76871 (December 31, 2012). areas consist of national parks exceeding 6000 4 Colorado Progress Report, p.6. 8 Colorado Progress Report, p. 17. acres, wilderness areas and national memorial parks 5 Colorado Progress Report, p.38, ‘‘Public 9 Colorado Progress Report, p. 19. As explained in exceeding 5000 acres, and all international parks Comments NPS,’’ ‘‘Public Comments USFS,’’ the Report, Colorado’s smoke management program that were in existence on August 7, 1977 (42 U.S.C. Colorado’s responses to those comments, and for open burning and prescribed fire activities are 7472(a)). isted at 40 CFR part 81, Subpart D. ‘Hearing Notice’ available in docket. state-only provisions. 2 77 FR 76871 (December 31, 2012), codified at 40 6 77 FR 18090 (March 26, 2012). Table 43— CFR 52.320(c)(108)(i)(C) and 40 CFR 52.320(c)(124). Colorado’s URP and RP Goal for 2018.

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TABLE 1—SOURCES SUBJECT TO BART AND REASONABLE PROGRESS IN COLORADO 10—Continued

BART and Reasonable BART and Reasonable Progress (RP) eligible sources Progress (RP) source BART or Reasonable category Progress (RP) source

Hayden Units 1 & 2 ...... EGU ...... BART Cameo Units 1 & 2 ...... EGU ...... RP Craig Units 1 & 2 ...... EGU ...... BART Craig Unit 3 ...... EGU ...... RP Nucla Unit 4 ...... EGU ...... RP Rawhide Unit 101 ...... EGU ...... RP Martin Drake Units 5, 6 & 7 ...... EGU ...... BART Nixon Unit 1 ...... EGU ...... RP Holcim Cement Plant ...... Portland Cement Plant .. RP Cemex Lyons Kiln and Dyer Cement Plant ...... Portland Cement Plant .. BART CENC Boiler 3 ...... EGU ...... RP CENC Boilers 4 & 5 ...... EGU ...... BART

In its Progress Report, Colorado Reasonable Progress, shows emissions injection and wet lime scrubbers.11 As provides the status of these BART and reductions from control types, can be seen in Table 2, implementation Reasonable Progress sources in the including; selective catalytic reduction of emission controls has resulted in State. Table 2: Current Status of (SCR), low NOX burners (LNB), ultra- NOX, SO2 and PM reductions during the Colorado Sources Subject to BART and low NOX burners plus overfire air, time period listed (2006–2018). selective non-catalytic reduction 10 77 FR 76871, 76883 (December 31, 2012). (SCNR), lime spray dryers, dry sorbent 11 Colorado Progress Report, p.16.

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42 27 11 78 58 55 58 72 87 18 55 87 70 65 84 63 12 PM Baseline statewide emissions (tons/year) 2006–2008 ROGRESS 0 0 0 0 0 117 0 0 0 0 39 119 P

2 SO 2018 Statewide reductions (tons/year) 0 758 0 0 762 0 0 743 0 0 0 0 0 2,127 0 0 0 0 0 2,368 3,764 3,215 0 EASONABLE 39 )

R 2 2 SO 2015 (SO AND Statewide reductions (tons/year) Sulfur Dioxides BART

2 SO Baseline statewide emissions 2006–2008 0 0 1,539 1,244 0 1,335 UBJECT TO S

66 257 0 2 ¥ 66 X NO 2018 Statewide reductions (tons/year) OURCES 0 2,314 0 758 0 3,032 0 0 3,975 1,469 0 854 982 0 215 1,792 707 1,269 4,121 0 0 1,866 2,211 0 743 0 2,135 0 1,099 287 S

) ¥ 66 X X NO 2015 (NO Statewide reductions (tons/year) OLORADO Nitrous Oxides C

X NO Baseline statewide emissions (tons/year) 2006–2008 TATUS OF S URRENT 2—C ABLE T 11,172 61 96 ...... 0 0 3,120 3,120 3,750 1 ...... 100 0 970 0 5,190 0 Unit Cement ...... 10 0 95 0 846 1,747 0 Unit Total Emissions Reductions (tons/year) ...... 66,528 17,833 34,952 54,828 22,040 35,777 1,908 640 682 Cherokee Unit 1...... 2...... 3...... Unit 1,556 2,221 Unit 2,895 1,888 37 4...... 1,771 925 109 Clark Units 1 & 2 ...... 1,771 35 37 Cherokee Unit 1,771 35 Cherokee 37 Unit Cherokee Unit 3 35 ...... 1,148 1,765 Cherokee Unit 4 861 ...... 20 Arapahoe 20 Arapahoe 1,866 Valmont Unit 5 20 ...... 4,274 Pawnee Unit 1 861 ...... Comanche Unit 1 ...... Comanche Unit 2 ...... 2,314 Hayden 4,538 Hayden Unit 2 861 ...... 1,506 Cameo Units 1 & 2 ...... 2,349 Craig 3,135 Craig Unit 2 1,457 ...... 3,473 Craig Unit 3 ...... 1,140 Nucla Unit 4 ...... Rawhide Unit 101 3,135 1,457 ...... 5,372 Drake Unit 5 ...... 1,140 5,693 Drake Unit 6 ...... 13,472 1,675 Drake Unit 7 1,457 ...... 1,866 Nixon Unit 1 ...... 1,140 Holcim Unit 1 11,066 ...... 768 1,413 Cemex 2,081 CENC Boiler 3 ...... 448 2,357 CENC Boiler 4 11,066 2,618 ...... 3,186 CENC Boiler 5 ...... 509 749 2,618 448 180 108 599 691 509 2,618 749 913 214 2,785 354 4,429 225 214 354 225 780 1,406 225

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EPA also approved provisions in In its Progress Report, Colorado 5-year period preceding the required Colorado’s regional haze SIP covering provides information that shows date of the progress report for which certain existing internal combustion emissions from NOX and SO2 have data were available as of a date 6 engines (RICE) reasonable progress decreased over the time period listed months preceding the required date of sources. These provisions control ozone (2002–2011).18 The State cites regional the progress report. via ozone precursors (volatile organic haze and mobile source controls for Colorado’s Progress Report provides compounds (VOCs) and NOX) from being effective at reducing NOX and figures with visibility monitoring data 13 19 certain existing RICE, and therefore, SO2. The State provides data that for the twelve Class I areas within the the State’s Report includes information shows both coarse and fine particulate State. Colorado reported current about emission reductions from these matter increasing over the time period visibility conditions for the 2009–2013 types of sources. 14 listed (2002–2011).20 In its Progress 5-year time period and used the 2000– EPA proposes to find that Colorado Report, Colorado explains that both 2004 baseline period for its examination has adequately addressed the applicable ‘coarse and fine particulate matter are of visibility conditions and changes in provisions under 40 CFR 51.308(g) dominated by fugitive and windblown the State.24 In its Progress Report, regarding the implementation status of dust’ and presents data to show that Colorado presents visibility data, in control measures because the State’s fugitive and wind-blown dust are source deciviews, and representative IMPROVE Progress Report provides documentation categories that most impact coarse and monitors for Class I areas without an of the implementation of measures fine PM.21 The State explains the origins IMPROVE monitor, as there are not within Colorado, including the BART- of the increase in fugitive road dust seen IMPROVE monitors in each of eligible sources and RP sources in the in Figures 5b and 5c are unclear.22 Colorado’s twelve Class I areas. Table 3: State. Additionally, the State presents data to Colorado’s Class I areas and IMPROVE show that VOC emissions decreased in Sites, below, shows the IMPROVE 2. Summary of Emissions Reductions the time period 2002–2008 and monitors used for each Class I area.25 In its Progress Report, Colorado increased in the time period 2008– presents information on emissions 2011.23 TABLE 3—COLORADO’S CLASS I reductions achieved across the State The EPA proposes to find that AREAS AND IMPROVE SITES from the pollution control strategies Colorado has adequately addressed the discussed above. The Progress Report applicable provisions of 40 CFR Class I area IMPROVE 51.308(g) regarding emissions site includes statewide SO2, NOX, VOCs and PM (fine and coarse) emissions data reductions achieved because the State Great Sand Dunes National GRSA1 from Western Regional Air Partnership identifies emissions reductions for SO2 Park. (WRAP) emissions inventories.15 16 The and NOX. Additionally, Colorado Mesa Verde National Park ... MEVE1 Progress Report includes emissions presents sufficient emission inventory Mount Zirkle Wilderness MOZI1 inventories the 2002 WRAP (Plan02d) information and discussion regarding Area. and the 2008 WRAP (WestJump2008c) emissions trends for coarse and fine PM Rawah Wilderness Area ...... MOZI1 as baseline data and the 2011 WRAP during the 2002–2011 time period. Rocky Mountain National ROMO1 Park. (WAQDW 2011v1) as updated data from 3. Visibility Conditions and Changes Weminuche Wilderness Area WEMI1 the baseline.17 The emissions data In its Progress Report, Colorado Black Canyon of the Gunni- WEMI1 shows that there were decreases in provides information on visibility son National Park. emissions of SO and NO over the time 2 X conditions for the Class I areas within La Garita Wilderness Area ... WEMI1 period (i.e., 2002 and 2011). Eagle’s Nest Wilderness WHRI1 its borders. The Progress Report Area. addressed current visibility conditions 12 Flat Tops Wilderness Area .. WHRI1 Colorado Progress Report, p.16. and the difference between current 13 77 FR 76871, 76883 (December 31, 2012). Maroon Bells-Snowmass WHRI1 14 Colorado Progress Report, p.19. visibility conditions and baseline Wilderness Area. 15 Colorado Progress Report, Tables 4a to 4h, pp. visibility conditions, expressed in terms West Elk Wilderness Area ... WHRI1 22 to 29. Colorado, as other states, relies on the of 5-year rolling averages of these WRAP emissions inventories for examination of annual values, with values for the most Table 4: Visibility Progress in visibility changes. CO used WRAP regional impaired (20% worst days), least Colorado’s Class I Areas, below, shows summary reports for the period 2011–2013 to compare to baseline emissions data (2000–2004). impaired and/or clearest days (20% best the difference between the current The WRAP’s inventories were developed using days). The period for calculating current visibility conditions (represented by EPA’s National Emissions Inventory (NEI) and other visibility conditions is the most recent 2009–2013 data), baseline visibility sources (https://www.wrapair2.org/emissions.aspx). conditions (represented by 2000–2004 The NEI is based primarily upon data provided by 18 state, local, and tribal air agencies (including Colorado Progress Report, pp. 22 & 23. data) and the 2018 RPGs. Colorado) for sources in their jurisdiction and 19 Ibid. supplemented by data developed by the EPA. 20 Colorado Progress Report, pp. 26 & 27. 24 For the first regional haze plans, ‘‘baseline’’ 16 The State included emissions data on VOCs, 21 Colorado Progress Report, p. 26. conditions were represented by the 2000–2004 time Ammonia and Elemental Carbon. 22 Colorado Progress Report, pp. 26 & 31. period. See 64 FR 35730 (July 1, 1999). 17 Colorado Progress Report, pp. 22, 23, 26, 27. 23 Colorado Progress Report, p. 23. 25 Colorado Progress Report, p.6.

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TABLE 4—VISIBILITY PROGRESS IN COLORADO’S CLASS I AREAS 26

Current Baseline Difference in period period deciviews Colorado’s class I area IMPROVE site deciviews deciviews (dv) CO 2009–2013 2000–2004 Current- 2018 RPG (dv) (dv) baseline

20% Worst Days 27 [20% Most Anthropogenically Impaired Days]

Great Sand Dunes National Park ...... GRSA1 ...... 11.56 12.80 ¥1.24 12.20 Mesa Verde National Park ...... MEVE1 ...... 11.24 13.00 ¥1.76 12.50 Mount Zirkle Wilderness Area ...... MOZI1 ...... 9.12 10.50 ¥1.38 9.91 Rawah Wilderness Area ...... MOZI1 ...... 9.12 10.50 ¥1.38 9.91 Rocky Mountain National Park ...... ROMO1 ...... 11.84 13.80 ¥1.96 12.83 Weminuche Wilderness Area ...... WEMI1 ...... 9.88 10.30 ¥0.42 9.83 Black Canyon of the Gunnison National Park ...... WEMI1 ...... 9.88 10.30 ¥0.42 9.83 La Garita Wilderness Area ...... WEMI1 ...... 9.88 10.30 ¥0.42 9.83 Eagle’s Nest Wilderness Area ...... WHRI1 ...... 8.48 9.60 ¥1.12 8.98 Flat Tops Wilderness Area ...... WHRI1 ...... 8.48 9.60 ¥1.12 8.98 Maroon Bells—Snowmass Wilderness Area ...... WHRI1 ...... 8.48 9.60 ¥1.12 8.98 West Elk Wilderness Area ...... WHRI1 ...... 8.48 9.60 ¥1.12 8.98

20% Best Days 28

Great Sand Dunes National Park ...... GRSA1 ...... 3.80 4.50 ¥0.70 4.16 Mesa Verde National Park ...... MEVE1 ...... 3.00 4.32 ¥1.32 4.10 Mount Zirkle Wilderness Area ...... MOZI1 ...... 0.46 1.60 ¥1.55 1.29 Rawah Wilderness Area ...... MOZI1 ...... 0.46 1.60 ¥1.55 1.29 Rocky Mountain National Park ...... ROMO1 ...... 1.58 2.28 ¥0.70 2.06 Weminuche Wilderness Area ...... WEMI1 ...... 2.06 3.10 ¥1.04 2.93 Black Canyon of the Gunnison National Park ...... WEMI1 ...... 2.06 3.10 ¥1.04 2.93 La Garita Wilderness Area ...... WEMI1 ...... 2.06 3.10 ¥1.04 2.93 Eagle’s Nest Wilderness Area ...... WHRI1 ...... 29 ¥0.10 0.73 ¥0.83 0.53 Flat Tops Wilderness Area ...... WHRI1 ...... ¥0.10 0.73 ¥0.83 0.53 Maroon Bells—Snowmass Wilderness Area ...... WHRI1 ...... ¥0.10 0.73 ¥0.83 0.53 West Elk Wilderness Area ...... WHRI1 ...... ¥0.10 0.73 ¥0.83 0.53

As shown in Table 4, all IMPROVE The EPA proposes to find that following type of source or activity monitoring sites within the State show Colorado has adequately addressed the classifications: Point; area; on-road improvement in visibility conditions on applicable provisions under 40 CFR mobile; off-road mobile; point and the 20% best days and are meeting the 51.308(g) regarding assessment of WRAP area (including oil and gas); 2018 20% best days RPGs.30 visibility conditions because the State fugitive and road dust; anthropogenic Additionally, five of the six IMPROVE provided baseline visibility conditions fire; natural fire; biogenic and wind- monitors show visibility better than the (2002–2004), more current conditions blown dust from both anthropogenic 2018 20% worst days RPGs.31 The based on the most recently available and natural sources. Table 5 presents IMPROVE site that does not show visibility monitoring data available at the 2002 baseline, and the 2008 and visibility data meeting the 2018 20% the time of Progress Report development 2011 more current data. As can be seen worst days RPGs, Weminuche (WEMI1), (2011–2015), the difference between in Table 5, statewide emissions of both that represents three class one areas in these current sets of visibility SO and NO are lower than the the state, shows progress from the conditions and baseline visibility 2 X projected 2018 emissions, while baseline period provided (2002–2004), conditions, and the change in visibility statewide emissions for both coarse and however, for the years 2009 through impairment from 2000–2015 at the Class 2013, visibility falls short of the 2018 I areas. fine PM have increased in the time RPG by only 0.05 dv.32 period shown. As is discussed above in 4. Emissions Tracking Additionally, in its Progress Report, section 2, Colorado explains that both Colorado describes visibility in the state In its Progress Report, Colorado coarse and fine PM are dominated by being significantly impacted by presents data from the statewide fugitive and windblown dust and anthropogenic emissions from within emissions inventory for 2008 (WestJump presents data to show that fugitive and the state and regional ‘blowing dust, 2008c) and 2011 (WAQDW 2011v1) and wind-blown dust are source categories wildfires, and transport of pollutants compares this data to the baseline that most impact coarse and fine PM into Colorado from international emissions inventory for 2002 (Plan02d). and that the origins are unclear to the 34 emissions and other western states, The pollutants inventoried include SO2, State. VOCs decreased between the much of which is not controllable by NOX, VOCs and PM (fine and coarse). years 2002 and 2008 and increased state measures.’ 33 The emissions inventories include the between the years 2008 and 2011.

26 Colorado Progress Report, p. 8. 29 While counterintuitive, deciview values are 31 Ibid. 27 Colorado Progress Report, p. 6. sometimes negative and represent pristine visibility 32 Colorado Progress Report, p.10. 28 Ibid. conditions. 33 Colorado Progress Report, p.10. 30 Colorado Progress Report, p. 8. 34 Colorado Progress Report, p. 26.

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TABLE 5—EMISSIONS PROGRESS IN COLORADO 35

SO2 NOX PM Coarse PM Fine VOCs (tons/year) (tons/year) (tons/year) (tons/year) (tons/year)

2002 Total Emissions (Plan02d) ...... 114,636 404,465 222,546 34,681 1,181,756 2008 Total Emissions (WestJump 2008c) ...... 68,118 329,727 258,365 43,613 612,318 2011 Total Emissions (WAQDW 2011v1) ...... 54,021 273,905 354,084 57,571 735,121 Change 2002–2008 (%) ...... ¥40% ¥18% 1% 25% ¥48% Change 2008–2011 (%) ...... ¥52% ¥32% 37% 32% 20%

The EPA is proposing to find that impacts of anthropogenic emissions on As seen in Table 4, visibility Colorado adequately addressed the Regional Haze.40 conditions have improved in the State at applicable provisions of 40 CFR The EPA proposes to find that all IMPROVE monitoring sites and the 51.308(g) regarding emissions tracking Colorado has adequately addressed the State is meeting its RPGs in all Class I because the State compared the most applicable provisions of 40 CFR areas on the 20% best days. recent updated emission inventory data 51.308(g) regarding an assessment of Additionally, five of the six IMPROVE available at the time of Progress Report significant changes in anthropogenic sites meet the 2018 RPGs established for development with the baseline emissions. The EPA proposes to agree the state.44 emissions inventory used in the with Colorado’s conclusion that wild The IMPROVE monitoring site with modeling for the regional haze plan. fire (both inside and outside Colorado) visibility not meeting the 2018 RPG, and regional dust storms will likely Weminuche (WEMI1), does show 5. Assessment of Changes Impeding impede future progress towards improvement despite significant Visibility Progress Regional Progress Goals. wildfire events in the state during this 45 6. Assessment of Current planning period. Looking in more In its Progress Report, Colorado detail at the data from this and other provided an assessment of any Implementation Plan Elements and Strategies monitors, the State observed the significant changes in anthropogenic following: Clear reductions in organic, emissions within or outside the State In its Progress Report, Colorado sulfate, and nitrate fractions; slight that have occurred. The State cites acknowledges the requirements of 40 increases in coarse mass and soil wildfire as a major factor in visibility CFR 51.308(g) to assess whether the fractions; and the least amount of changes in the State.36 In its Progress current implementation plan elements variability.46 Colorado describes Report, Colorado explains that the state and strategies are sufficient to enable regional dust events, wildfire and is downwind of wildfire prone areas the State, or other states with Class I interstate pollution as impacting this and is also adjacent to states that have areas affected by emissions from the site, all of which are not reasonably wildfire impacting visibility in State, to meet all established reasonable controllable by statewide emission Colorado.37 Colorado has a prescribed progress goals. In its Progress Report, control measures.47 Nevertheless, fire burn program (Regulation 9) that Colorado explains the State had Colorado explains it will continue to tracks emissions from coarse and fine previous emissions modeling that monitor these concerns and evaluate showed impacts to visibility in a Class PM resulting from these burns.38 In its possible additional controls on I Area in New Mexico, (WPHE1 Progress Report, the State provides anthropogenic emissions impacting this IMPROVE monitor).41 Colorado 48 discussion on data from the National site. Therefore, Colorado believes that explains it exceeded the emission at this time this site is most impacted by Interagency Fire Center, which tracks reduction goals in the 2011 RH SIP and wild land and prescribed burns. This natural variability in regional wind- that it can be reasonably expected that blown dust and does not specifically data shows that while the acres burned effects on the monitor where past recommend further analysis at this for prescribed fires remain relatively modeling showed Colorado had this time.49 constant, there is significant variability small impact are declining as a result of The EPA proposes to find that in wild land fire acres burned from year the RH controls in Colorado.42 43 Colorado has adequately addressed the 39 to year. As the data show, natural applicable provisions of 40 CFR variability in fires continues to pose 40 Colorado Progress Report, p. 34, and Figure 9 51.308(g) and agrees with the State’s challenges for the State in evaluating the (p. 35) and Tables 4a–4h (pp. 22–29). 41 Colorado Progress Report, p. 2. determination that its regional haze plan 42 Colorado Progress Report, p. 2. Additionally, in is sufficient to meet the RPGs for its 35 Colorado Progress Report, Tables 4a, 4b, 4c, 4e approving Colorado’s RH SIP, EPA determined that Class I areas. & 4f, pp. 22 to 27. Colorado satisfied the RHR’s requirements for 36 Colorado Progress Report, p. 34. consultation and included controls in the SIP (EPA final action). In that action, EPA 37 Ibid. sufficient to address the relevant requirements of supplemented the State’s Interstate Transport 38 Colorado’s Progress Report indicates that it the RHR related to impacts on Class I areas in other analysis and focused on the most impacted Class I ‘‘maintains an EPA-approved prescribed burn states. 77 FR 18052, 18094 (March 26, 2012). 77 FR area (Canyonlands)—rather than the IMPROVE program (Regulation 9)’’. Colorado Progress Report, 76871 (December 31, 2012). monitor for the Wheeler Peak and Pecos 43 p. 34. As this statement conflicts with other We provide the following to clarify statements Wildernesses mentioned in Colorado’s Progress statements in the Report, EPA sought clarification made on page 37 of the State’s Report. The State Report—and found that Colorado does not interfere references its March 2010 Interstate Transport SIP from the State and learned that that statement was with another States’ measures to protect visibility submittal, where the State elected to satisfy one of inadvertently includes in the report. Email from in their RH SIP. 76 FR 8329. the Interstate Transport requirements by providing 44 Colorado Progress Report, p. 36. Curtis Taipale, State Implementation Plan— information to show that it does not interfere with 45 Ibid. Technical Development Unit Supervisor Planning other State’s measures to protect visibility through 46 and Policy Program, Colorado Department of Health their RH SIP. 76 FR 8326, 8328 (February 14, 2011) Colorado Progress Report, p. 36. & the Environment, to Kate Gregory, ‘‘Request for (EPA proposed approval of Interstate Transport of 47 Ibid. Regional Haze Contact.’’ June 18, 2019. Pollution Revisions for the 1997 8-Hour Ozone and 48 Ibid. 39 49 Ibid. 1997 PM2.5 NAAQS); 76 FR 22036 (April 20, 2011) Colorado Progress Report, p. 36.

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7. Review of Current Monitoring III. Proposed Action health or environmental effects, using Strategy The EPA is proposing to approve practicable and legally permissible methods, under Executive Order 12898 For progress reports for the first Colorado’s May 2, 2016, Regional Haze (59 FR 7629, February 16, 1994). implementation period, the provisions Progress Report as meeting the In addition, the SIP is not approved under 40 CFR 51.308(g) require a review applicable regional haze requirements to apply on any Indian reservation land of the State’s visibility monitoring set forth in 40 CFR 51.308(g) and or in any other area where EPA or an strategy and any modifications to the 51.308(h). Indian tribe has demonstrated that a strategy as necessary. In its Progress IV. Statutory and Executive Order tribe has jurisdiction. In those areas of Report, Colorado summarizes the Reviews Indian country, the proposed rule does existing monitoring network in the State not have tribal implications and will not to monitor visibility at the twelve Class Under the CAA, the Administrator is impose substantial direct costs on tribal I areas within the State, which consists required to approve a SIP submission governments or preempt tribal law as of Colorado relying on the national that complies with the provisions of the specified by Executive Order 13175 (65 IMPROVE network to meet monitoring Act and applicable Federal regulations. FR 67249, November 9, 2000). and data collection goals. There are 42 U.S.C. 7410(k); 40 CFR 52.02(a). currently six IMPROVE sites, which the Thus, in reviewing SIP submissions, the List of Subjects in 40 CFR Part 52 EPA’s role is to approve state choices, State explains, continue to provide Environmental protection, Air adequate and complete data records.50 provided that they meet the criteria of the CAA. Accordingly, this action pollution control, Carbon monoxide, In the Progress Report, the State finds Incorporation by reference, that the current monitoring network is merely proposes to approve state law as meeting Federal requirements and does Intergovernmental relations, sufficient at this time to monitor Greenhouse gases, Lead, Nitrogen progress towards RPGs.51 The IMPROVE not impose additional requirements beyond those imposed by state law. For dioxide, Ozone, Particulate matter, monitoring network is the primary Reporting and recordkeeping monitoring network for regional haze, that reason, this action: • Is not a ‘‘significant regulatory requirements, Sulfur oxides, Volatile both nationwide and in Colorado. organic compounds. The EPA proposes to find that action’’ subject to review by the Office Colorado has adequately addressed the of Management and Budget under Authority: 42 U.S.C. 7401 et seq. applicable provisions of 40 CFR Executive Orders 12866 (58 FR 51735, Dated: July 11, 2019. 51.308(g) regarding a monitoring October 4, 1993) and 13563 (76 FR 3821, Gregory Sopkin, January 21, 2011); strategy because the State reviewed its • Regional Administrator, EPA Region 8. visibility monitoring strategy and Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory [FR Doc. 2019–15110 Filed 7–16–19; 8:45 am] determined that no further BILLING CODE 6560–50–P modifications to the strategy are action because SIP approvals are exempted under Executive Order 12866; necessary. • Does not impose an information ENVIRONMENTAL PROTECTION B. Determination of Adequacy of the collection burden under the provisions AGENCY Existing Regional Haze Plan of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); 40 CFR Part 52 The provisions under 40 CFR • 51.308(h) require states to determine the Is certified as not having a significant economic impact on a [EPA–R08–OAR–2019–0340; FRL–9996–64– adequacy of their existing Region 8] implementation plan to meet existing substantial number of small entities goals. Colorado’s Progress Report under the Regulatory Flexibility Act (5 Designation of Areas for Air Quality includes a negative declaration U.S.C. 601 et seq.); Planning Purposes; Montana; • Does not contain any unfunded regarding the need for additional actions Redesignation Request and mandate or significantly or uniquely or emissions reductions in Colorado Associated Maintenance Plan for East affect small governments, as described beyond those already in place and those Helena SO2 Nonattainment Area in the Unfunded Mandates Reform Act to be implemented by 2018 according to of 1995 (Pub. L. 104–4); AGENCY Colorado’s SIP.52 53 : Environmental Protection • Does not have Federalism Agency (EPA). The EPA proposes to conclude that implications as specified in Executive ACTION: Proposed rule. Colorado has adequately addressed 40 Order 13132 (64 FR 43255, August 10, CFR 51.308(h) because the visibility 1999); SUMMARY: On October 26, 2018, the trends in the majority of Class I areas in • Is not an economically significant Montana Department of Environmental the State indicate that the relevant RPGs regulatory action based on health or Quality (MDEQ) submitted a request to will be met via emission reductions safety risks subject to Executive Order the EPA for redesignation of the East already in place and therefore the SIP 13045 (62 FR 19885, April 23, 1997); Helena, Montana 1971 sulfur dioxide does not require substantiative revisions • Is not a significant regulatory action (SO2) National Ambient Air Quality at this time to meet those RPGs. subject to Executive Order 13211 (66 FR Standards (NAAQS) nonattainment area 28355, May 22, 2001); (NAA) to attainment, and to approve a 50 Colorado Progress Report, p. 6. • Is not subject to requirements of State Implementation Plan (SIP) 51 Colorado Progress Report, p. 37. section 12(d) of the National revision for a maintenance plan of the 52 Colorado Progress Report, p. 38. 53 Additionally, Colorado’s Report explains that Technology Transfer and Advancement East Helena area. After review and the State ‘‘actively participates in maintenance of Act of 1995 (15 U.S.C. 272 note) because analysis of Montana’s submittal, the commitments associated with RH plan application of those requirements would EPA is proposing to redesignate the East requirements’’ and continues ‘‘to work be inconsistent with the CAA; and Helena, Montana SO2 nonattainment collaboratively with the scientific research • community to refine our understanding of air Does not provide EPA with the area to attainment for the 1971 primary quality issues in Colorado.’’ Colorado Progress discretionary authority to address, as 24-hour and annual, and secondary 3- Report, p. 38. appropriate, disproportionate human hour SO2 NAAQS, and to approve

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Montana’s SIP revision for continued Wynkoop Street, Denver, Colorado ASARCO smelter were limited to 80 maintenance and attainment of the 1971 80202–1129. tons per day (tpd) and 20 tons per six primary 24-hour and annual, and SUPPLEMENTARY INFORMATION: hours.6 secondary 3-hour SO2 NAAQS in East Throughout this document wherever Section 107(d) of the 1977 CAA Helena, Montana. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Amendments gave the EPA authority to DATES: Written comments must be the EPA. designate areas as nonattainment received on or before August 16, 2019. without a state’s request.7 On March 3, I. Background for the EPA’s Proposed 1978 the EPA designated the ‘‘East ADDRESSES: Submit your comments, Actions identified by Docket ID No. EPA–R08– Helena Area’’ 8 as nonattainment for the 9 OAR–2019–0340, to the Federal A. The 1971 SO2 NAAQS primary and secondary SO2 NAAQS. Rulemaking Portal: https:// In 1971, the EPA promulgated new The East Helena SO2 NAA is www.regulations.gov. Follow the online primary and secondary NAAQS for demarcated by a circle centered on the instructions for submitting comments. 1 previously existing ASARCO sinter SO2. The primary standard addressed 10 Once submitted, comments cannot be 24-hour and annual average ambient storage building with a radius of 0.67 edited or removed from SO concentrations. The secondary km (0.43 miles). 2 On November 20, 1980 the EPA www.regulations.gov. The EPA may standard addressed 3-hour and annual conditionally approved a SIP revision publish any comment received to its average ambient SO2 concentrations. In public docket. Do not submit 1973, the EPA revoked the secondary for the East Helena SO2 NAA. This SIP

electronically any information you annual average standard.2 Thus, the revision identified the continued SO2 violations as being caused by low-level consider to be Confidential Business 1971 SO2 NAAQS is comprised of a Information (CBI) or other information primary 24-hour standard of 0.14 parts downwash emissions from the three whose disclosure is restricted by statute. per million (ppm) not to be exceeded 110-foot stacks serving the smelter’s Multimedia submissions (audio, video, more than once per year, a primary blast furnace operations. The control etc.) must be accompanied by a written annual average standard of 0.03 ppm, strategy identified in the SIP revision comment. The written comment is and a secondary 3-hour standard of 0.5 included replacing the three 110-foot considered the official comment and ppm not to be exceeded more than once stacks with a single 425-foot stack and should include discussion of all points per year.3 setting new emission limits on the 425- 11 you wish to make. The EPA will On June 2, 2010, the EPA revised the foot stack. The EPA’s action was generally not consider comments or primary SO2 NAAQS, thus establishing conditioned upon adequate comment contents located outside of the a new 1-hour SO2 standard of 75 parts demonstration of good engineering primary submission (i.e., on the web, per billion (ppb). Although the 1971 practice (GEP) stack height for the new cloud, or other file sharing system). For primary SO2 NAAQS have been revised blast furnace stack, and revised additional submission methods, the full to the 2010 1-hour SO2 NAAQS, today’s dispersion modeling if GEP height was EPA public comment policy, proposed action only addresses the 1971 determined to be below 375 feet. information about CBI or multimedia SO2 NAAQS for the East Helena NAA. ASARCO completed a field tracer study submissions, and general guidance on The EPA notes that all of Lewis and demonstration in 1982, and making effective comments, please visit Clark County, Montana, including the subsequently proceeded to complete http://www2.epa.gov/dockets/ East Helena SO2 NAA, is designated as construction of its new stack based on commenting-epa-dockets. ‘‘attainment/unclassifiable’’ under the the study results justifying a stack 4 Docket: All documents in the docket 2010 SO2 NAAQS. height of 375 feet as necessary to overcome the effects of downwash, are listed in the www.regulations.gov B. Nonattainment Designation and index. Although listed in the index, which had been identified as the cause Development of the East Helena SO2 of monitored ambient SO violations some information is not publicly Attainment SIP 2 available, e.g., CBI or other information near the smelter site.12 On July 5, 1983 whose disclosure is restricted by statute. The American Smelting and Refining the EPA proposed to approve 13 the SIP Certain other material, such as Company (ASARCO) lead smelter began and GEP demonstration as satisfying the copyrighted material, will be publicly operating in 1888 in the city of East conditional approval requirements, yet available only in hard copy. Publicly Helena, Montana. ASARCO has been the pending litigation 14 over federal stack available docket materials are available cause of SO2 violations throughout the 5 either electronically in history of the East Helena area, as will 6 40 FR 43216, September 19, 1975. 7 www.regulations.gov or in hard copy at be described further below, and was After the EPA’s initial designation of areas as attainment/unclassifiable or nonattainment in 1978, the Air and Radiation Division, permanently shut down in 2001.] On September 19, 1975 the EPA however, subsequent designations could be made Environmental Protection Agency only at a State’s request. In that same year, the EPA (EPA), Region 8, 1595 Wynkoop Street, approved a revision to the Montana SIP published, for the first time, a list of all section Denver, Colorado 80202–1129. The EPA for SO2 control strategies providing for 107(d) nonattainment areas in 40 CFR part 81, which included East Helena. requests that if at all possible, you attainment and maintenance of the 1971 SO NAAQS near the ASARCO lead 8 Generally, where the EPA promulgated a contact the individual listed in the FOR 2 smelter in East Helena. SIP-approved designation for SO2 the minimum area was to be the FURTHER INFORMATION CONTACT section to county in which the violating monitoring site was view the hard copy of the docket. You emission limitations for SO2 at the located. If states had monitoring data to substantiate may view the hard copy of the docket the size of areas they designated, they would be 1 acceptable by the EPA regardless of size. See 43 FR Monday through Friday, 8:00 a.m. to 36 FR 8186, April 30, 1971. 2 38 FR 25678, September 14, 1973. 8962, March 3, 1978. 9 4:00 p.m., excluding federal holidays. 3 43 FR 8962, March 3, 1978. Table of historical SO2 NAAQS. See https:// FOR FURTHER INFORMATION CONTACT: www3.epa.gov/ttn/naaqs/standards/so2/s_so2_ 10 NAD27 UTM Zone 12, 429484 mE, 5158997 Adam Clark, (303) 312–7104, history.html. mN. 4 11 45 FR 76685, November 20, 1980. [email protected], or Clayton Bean, See 40 CFR 81.327. See also the EPA’s ‘‘Air Quality Designations for the 2010 Sulfur Dioxide 12 60 FR 5313, January 27, 1995. (303) 312–6143, [email protected], 13 (SO2) Primary National Ambient Air Quality 48 FR 30696 July, 5, 1983. Air and Radiation Division, U.S. EPA, Standard—Round 3,’’ 83 FR 1098, January 9, 2018. 14 Sierra Club v. Environmental Protection Region 8, Mail-code 8ARD–QP, 1595 5 60 FR 5313, January 27, 1995. Agency, 719 F.2d 436 (D.C. Cir. 1983).

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height regulations postponed final EPA primary SO2 SIP under section 179 of later officially became a permanent action until years later. the Act.19 shutdown, and the State of Montana The CAA Amendments of 1990 On January 27, 1995 the EPA fully never resumed work on the required reaffirmed the nonattainment approved the East Helena primary SO2 secondary SO2 SIP. Therefore, the 3- designation of East Helena with respect Attainment SIP for the East Helena hour secondary SO2 SIP revision for NAA. The EPA noted in that approval to the primary and secondary SO2 East Helena was never submitted to the NAAQS under section 107(d).15 action that Montana’s SIP revision only EPA, causing the aforementioned Pursuant to the CAA Amendments of addressed the 24-hour and annual sanctions to remain in place. On April 1990, any state that lacked a fully- primary SO2 NAAQS, and did not 4, 2007, ASARCO’s Title V permit approved SIP complying with the address the 3-hour secondary SO2 (#OP2557–04) expired without renewal, 20 requirements of the Act for an area NAAQS. The modeling conducted by and on January 5, 2010, MAQP #2557– designated as nonattainment with the State to demonstrate attainment of 12 was formally revoked by the State of the 1971 primary NAAQS by the 24 respect to the primary SO2 NAAQS, was Montana. to resubmit a SIP fully meeting the applicable attainment deadline of On November 25, 2002 the EPA made requirements of the CAA by May 15, November 15, 1995, which the EPA a technical correction to the East Helena approved in our January 27, 1995 final SO2 SIP pursuant to our authority under 1992. For the secondary SO2 NAAQS SIP for East Helena, the EPA established rulemaking, will be discussed further in 110(k)(6) of the CAA. (67 FR 70554). November 15, 1993 as the submittal due Section III.A. of today’s proposed Specifically, we clarified that in our date.16 rulemaking action. January 27, 1995 approval of the East As the State of Montana failed to Helena primary SO Attainment SIP (60 Given that the East Helena primary 2 submit the East Helena secondary SO2 FR 5313), we failed to indicate that this SO SIP was not submitted by May 15, 2 Attainment SIP by November 15, 1993, approval superseded our approval of the 1992, the EPA made a finding of failure the EPA acted pursuant to the non- East Helena SO Attainment SIP on to submit, pursuant to section 179 of the 2 discretionary requirement of section 179 September 19, 1975 and terminated the Act, and notified the Governor in a of the Act by notifying the Governor in East Helena SO Attainment SIP findings letter dated June 16, 1992.17 2 a findings letter dated January 19, 1994, approved on May 1, 1984. The The date of the findings letter started of the State’s failure to submit the SO2 November 25, 2002 action corrected the mandatory 18-month sanction clock SIP secondary standard.21 In the letter, these errors. and established a two-year deadline by the EPA also notified Montana of On October 26, 2018, the State of which the EPA was required to sanctions available to the EPA under Montana submitted to the EPA a request promulgate a federal implementation section 110(m) that could be imposed, for redesignation of the East Helena SO2 plan (‘‘FIP’’). including highway funding sanctions, NAA to attainment for the 1971 primary In our October 7, 1993 ‘‘Deadline for 2:1 emission offsets, and promulgation and secondary NAAQS (hereafter ‘‘East SIP Submittal’’ action (58 FR 52237) the of a FIP under section 179(a). The date Helena SO2 Redesignation Request’’), EPA recognized that for the ASARCO of the findings letter started the and a SIP revision containing a smelter, the primary and secondary SO2 mandatory 18-month sanction and the maintenance plan for the East Helena NAAQS do not require the same level of two-year FIP clocks. The sanction clock attainment area (hereafter ‘‘East Helena 25 controls. Modeling results indicated an expired due to inaction by the State on SO2 Maintenance Plan’’). The details additional 35 percent reduction in July 19, 1995, and the FIP clock expired of Montana’s East Helena SO2 emissions was needed (beyond those on January 19, 1996. The EPA did not Redesignation Request and Maintenance reductions to achieve the primary SO2 promulgate a FIP upon expiration of the Plan are discussed in greater detail NAAQS) in order to comply with the FIP clock. As the sanction clocks were below. 18 secondary SO2 NAAQS. We therefore never stayed or deferred, emissions concluded that attainment of the offsets and highway sanctions were C. Additional History of the East Helena SO2 Nonattainment Area secondary SO2 NAAQS will require imposed by operation of law and have significant emission reductions, beyond remained in place to date.22 Between 1969 and 1983, concerns of what was required for attainment of the The State of Montana indicated that contamination in the East Helena area primary SO2 NAAQS. they were in the process of revising the led to investigations by the EPA and the After the East Helena primary SO2 3-hour secondary SO2 SIP for East State of Montana. High metal levels Attainment SIP was submitted by the Helena when ASARCO shut down were found in air, soil, surface water, State on March 30, 1994, the EPA found operations on April 4, 2001.23 Initially, and dust in and around East Helena. In the submittal complete pursuant to the ASARCO shutdown was to be a 1984, the EPA listed the 140-acre section 110(k)(1) of the Act and notified suspension of operations for an ASARCO smelter site and about 2,000 the Governor accordingly in a letter indeterminate amount of time. additional acres of surrounding land 26 dated May 12, 1994. This completeness Accordingly, ASARCO did not request on the Superfund program’s National determination corrected the State’s revocation of their Title V operating Priorities List (NPL).27 In 1998, the deficiency and, therefore, terminated permit, nor their Montana Air Quality the 18-month sanctions clock for the Permit (MAQP #2557–12). ASARCO’s 24 The request to revoke MAQP (#2557–12), and indeterminate suspension of operations MDEQ’s letter in response confirming revocation, can be found in Appendix A of Montana’s October 15 See 56 FR 56694, November 6, 1991, 26, 2018 ‘‘Request for Redesignation of East Helena 19 ‘‘Designation of Areas for Air Quality Planning 60 FR 5313, January 27, 1995. SO2 Nonattainment Area.’’ Purposes’’ at 56706. 20 Ibid. 25 The submissions are collectively referred to as 16 21 The Act did not explicitly specify a deadline This letter is available in the docket for this the ‘‘East Helena SO2 Redesignation Request and for the secondary SO2 NAAQS, however, section action. Maintenance Plan.’’ 172(b) provides that the Administrator shall 22 See https://www.fhwa.dot.gov/environment/ 26 The East Helena Superfund site encompasses establish a schedule for plan submissions, but that air_quality/highway_sanctions/sanctionsclock.cfm and extends beyond the exterior boundary of the such submissions shall not extend longer than three for the status of sanction clocks under the CAA, East Helena SO2 NAA. years from the date of nonattainment designation. including East Helena’s status. 27 ‘‘Fourth Five-Year Review Report for the East 17 23 57 FR 48614, October 27, 1992. See ‘‘East Helena SO2 Redesignation Request’’, Helena Superfund Site,’’ September 2016. See 18 58 FR 52237, October 7, 1993. October 26, 2018, at 5. https://semspub.epa.gov/work/08/1768518.pdf.

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United States Department of Justice area under section 110(k); (3) the guidance documents will be referenced issued a Consent Decree requiring Administrator determines that the throughout the forthcoming sections. ASARCO to resolve major improvement in air quality is due to Guidance specific to areas lacking environmental compliance issues under permanent and enforceable reductions ambient monitoring data, and whose the Resource Conservation and in emissions resulting from historic violations were caused by a Recovery Act (RCRA). ASARCO began implementation of the applicable SIP major point source that is no longer in dismantling the smelter site following and applicable federal air pollutant operation, is found in an October 18, the 2001 shutdown. ASARCO filed for control regulations and other permanent 2000 memo from John S. Seitz entitled bankruptcy in 2005, and on June 5, and enforceable reductions; (4) the ‘‘Redesignation of Sulfur Dioxide 2009, the Bankruptcy Court approved Administrator has fully approved a Nonattainment Areas in the Absence of the Consent Decree and a Settlement maintenance plan for the area as Monitored Data’’ (hereafter referred to as Agreement.28 In part, the settlement meeting the requirements of section the ‘‘Seitz Memo’’). The Seitz Memo agreement transferred the East Helena 175A; and (5) the state containing such exempts eligible areas from the ASARCO properties and administration area has met all requirements applicable maintenance plan requirements of thereof to the appointed Custodial to the area for purposes of redesignation continued monitoring. The Seitz Memo Trustee, the Montana Environmental under section 110 and part D of title I also describes how attainment and Trust Group (METG), who assumed of the CAA. continued maintenance should be responsibility of corrective action CAA section 175A provides the demonstrated in such areas and how cleanup under oversight of the EPA. The general framework for maintenance sources currently shut down should be three remaining smelter stacks were plans. The maintenance plan must treated if they resume operation. The felled in a controlled demolition on provide for maintenance of the NAAQS EPA finds that the East Helena SO2 August 4, 2009.29 Later, in December for at least 10 years after redesignation, NAA is an appropriate area for 2009, the smelter site was officially including any additional control application of the guidance laid out in transferred from ASARCO to the measures as may be necessary to ensure the Seitz Memo. Therefore, as will be METG.30 such maintenance. In addition, discussed further in the EPA’s review of As of mid-2019 all that remains of the maintenance plans are to contain such the State’s 175A maintenance plan former ASARCO smelter site is a 65-acre contingency provisions as we deem (Section III.B.), the EPA is proposing to slag pile, and 65-acres of contaminated necessary to assure the prompt find that the East Helena maintenance land that has been capped with an correction of a violation of the NAAQS area should not require ambient evapotranspiration cover. Restorative that occurs after redesignation. The monitoring to verify continued actions have allowed open meadows, contingency measures must include, at attainment. grasslands, and wetlands to flourish on a minimum, a requirement that the state the former site; and one and a half miles will implement all control measures III. EPA’s Evaluation of the East Helena of the Prickly Pear Creek has been contained in the nonattainment SIP SO2 Redesignation Request and successfully restored.31 The site is prior to redesignation. Beyond these Maintenance Plan privately held by METG, and public provisions, however, CAA section 175A A. EPA Review of CAA Section access is restricted. In the future, deed does not define the content of a 107(d)(3)(E) Requirements restrictions will be placed on the maintenance plan. The EPA’s evaluation of the East property that will prevent another B. EPA Guidance Applicable to the East Helena SO2 Redesignation Request was facility from being constructed on the Helena SO Redesignation Request and based on consideration of the five cap. 2 Maintenance Plan redesignation criteria provided under II. CAA Requirements for On April 16, 1992, the EPA provided CAA section 107(d)(3)(E). We analyze Redesignation Requests and guidance on redesignation in the each of these criteria individually, Maintenance Plans General Preamble for the below. Based on this analysis, we A. Statutory Provisions Implementation of title I of the CAA propose to find that the State of Amendments of 1990 (57 FR 13498) and Montana has met the redesignation The CAA provides the requirements supplemented this guidance on April criteria of CAA section 107(d)(3)(E). for redesignating a nonattainment area 28, 1992 (57 FR 18070). The EPA has to attainment. Specifically, section 1. Criteria (1) Determination That the provided further guidance on processing 107(d)(3)(E) of the CAA allows for East Helena Area Has Attained the 1971 redesignation requests in several redesignation of a nonattainment area SO2 NAAQS guidance documents. Our primary provided that: (1) The Administrator guidance on maintenance plans and a. Review of Ambient Monitoring and determines that the area has attained the redesignation requests is a September 4, Emissions Data applicable NAAQS; (2) the 1992 memo from John Calcagni, entitled In the East Helena SO2 Redesignation Administrator has fully approved the ‘‘Procedures for Processing Requests to Request, the State primarily relied on applicable implementation plan for the Redesignate Areas to Attainment’’ historic SO2 ambient data which (hereafter referred to as the ‘‘Calcagni indicated attainment of the 1971 This document is also available in the docket for this action. Memo’’). Specific guidance on SO2 primary and secondary NAAQS for the 28 Ibid. redesignations also appears in a January 15 years preceding the ASARCO facility 29 See https://missoulian.com/news/state-and- 26, 1995 memo from Sally L. Shaver, shutdown in 2001. Ambient SO2 regional/asarco-smokestacks-in-east-helena- entitled ‘‘Attainment Determination monitoring began in the East Helena toppled-in-early-morning-demolition/article_ a86273aa-88e1-11de-9466-001cc4c03286.html. Policy for Sulfur Dioxide Nonattainment area as early as 1968. An enhanced 30 ‘‘Fourth Five-Year Review Report for the East Areas’’ (hereafter referred to as the ambient SO2 monitoring network was Helena Superfund Site,’’ September 2016. See ‘‘Shaver Memo’’). The recommendations established in 1993. This was the result https://semspub.epa.gov/work/08/1768518.pdf. for addressing the redesignation request of extensive efforts between ASARCO This document is also available in the docket for this action. requirements of CAA section and the State of Montana (in 31 See https://www.mtenvironmentaltrust.org/ 107(d)(3)(E) and the maintenance plan coordination with the EPA) to identify east-helena/photo-galleries/east-helena-site-videos/. requirements of 175A provided in these maximum pollutant impact areas using

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tracing studies, monitored atmospheric area was discontinued on May 31, 2001 accordance with EPA guidelines.33 dispersion parameters, dispersion following the ASARCO shutdown. Table 1 below shows for all of the 1971 modeling, and ambient SO2 After reviewing the East Helena SO2 SO2 NAAQS the highest monitored SO2 32 concentrations. The ambient SO2 Redesignation Request and the historic value in the East Helena area annually monitoring network for the East Helena ambient SO2 monitoring data, the EPA from 1987 to 2001 throughout the concludes that the monitoring data were enhanced monitoring network.34 collected, and quality assured in

TABLE 1—AMBIENT SO2 MONITORING IN EAST HELENA [1987–2001]

Max 3-hour Max 24-hour Max annual value block average average Year (500 PPM Monitor (140 PPB Monitor (30 PPB an- Monitor secondary primary nual primary NAAQS) NAAQS) NAAQS)

1987 380 Water Tank ...... 114.6 Water Tank ...... 14.88 Microwave. 1988 446.6 Water Tank ...... 107.1 Water Tank ...... 9.35 Water Tank. 1989 396.6 Water Tank ...... 120 Water Tank ...... 6.28 Water Tank. 1990 443.4 Water Tank ...... 67.1 Water Tank ...... 6.95 Water Tank. 1991 406.6 Water Tank ...... 57.5 Water Tank ...... 5.01 Kennedy Park. 1992 * 279 Kennedy Park ...... *123 Kennedy Park ...... * 12.93 Kennedy Park. 1993 * 201.6 Water Tank ...... * 54.3 Water Tank ...... * 5.35 Kennedy Park. 1994 230.6 Water Tank ...... 78.2 McClellan Rd #6 ...... 10.41 Kennedy Park. 1995 356 Microwave ...... 112.7 McClellan Rd #6 ...... 10.76 Microwave. 1996 223.3 McClellan Rd #6 ...... 56 McClellan Rd #6 ...... 9.24 McClellan Rd #4. 1997 166 McClellan Rd #6 ...... 62.7 McClellan Rd #6 ...... 5.64 Water Tank. 1998 199 Water Tank ...... 42.7 Water Tank ...... 5.33 Kennedy Park. 1999 151 Water Tank ...... 46.6 McClellan Rd #6 ...... 5.23 Kennedy Park. 2000 188.3 McClellan Rd #6 ...... 62 McClellan Rd #6 ...... 8.61 Kennedy Park. 2001 * 196.6 McClellan Rd #6 ...... * 91.2 McClellan Rd #6 ...... * 5.71 McClellan Rd #6. * Indicates site did not have at least 75% data completeness for all 4 quarters this year.35

As Table 1 shows, there were no operating in the period between 1987 secondary 1971 SO2 NAAQS. This monitored violations of any of the 1971 and 1992 each showed five consecutive decrease in monitored emissions is in SO2 NAAQS from 1987 until the years (or 20 consecutive quarters) of alignment with emissions data, as the ASARCO shutdown in 2001 at which complete, quality-assured attaining average annual SO2 emissions from time monitoring was discontinued. For monitoring data from 1987 to 1991. As ASARCO dropped from 14,792 tons per the purposes of determining whether an shown, the East Helena enhanced SO2 year (tpy) from 1990–1995, to 10,000 tpy area has attained the SO2 NAAQS monitoring network experienced data from 1996–2000.38 These data indicate predicated upon monitoring data, the completeness issues in 1992 and 1993. that the East Helena area was attaining EPA requires no fewer than two Complete data are available for every the NAAQS before the ASARCO consecutive years of clean data (i.e., year from 1994 to 2000 for all five closure. eight quarters with no observed enhanced network monitors (the violations) as recorded in EPA’s Air aforementioned and the McClellan Road In the East Helena SO2 Redesignation Quality System (AQS).36 In addition, to #4 and McClellan Road #6 monitors, Request, the State also measured these qualify for attainment determination both added as part of the enhanced monitor data alongside the emissions purposes, the annual average and network in 1993), which show seven from the two SO2 emitting sources in or second-highest 24-hour average consecutive years (or 28 consecutive near the East Helena NAA.39 The State concentrations must be based upon quarters) of complete, quality-assured asserted that these emissions data, hourly data that are at least 75 percent attaining monitoring data from 1994– presented in Table 2, below, indicate complete in each calendar quarter.37 2000. Further, from 1996 until 2001 that the attaining SO2 monitor values The East Helena NAA has recorded (between the period of time from EPA’s were driven almost entirely by SO2 more than eight consecutive quarters of approval of the 1995 East Helena emissions from ASARCO, and that it is quality-assured monitoring data that is primary SO2 Attainment SIP until therefore reasonable to conclude that free of NAAQS violations while ASARCO’s shutdown), none of the East the monitored concentrations would ASARCO operated. Specifically, the Helena area ambient SO2 monitors have decreased substantially (and thus three enhanced network monitors recorded a maximum value equivalent continued attaining the NAAQS) (Microwave, Water Tank, Kennedy Park) to or above 50% of a primary or following the ASARCO shutdown.

32 36 ‘‘Primary SO2 NAAQS SIP Revision for East monitoring sites in the East Helena area. These five See EPA Memo ‘‘Section 107 Questions and Helena, Montana, Technical Support Document, remaining sites, together making up the ‘‘enhanced Answers,’’ G.T. Helms, December 23, 1983, in the October 4, 1994,’’ at pages 13–15. monitoring network,’’ were located in areas of docket for this action. 33 Calcagni Memo at 2. historic violations and modeled maximum 37 40 CFR 50.4. 34 38 From 1986 to 1992 six SO2 monitoring sites pollutant impact areas. See East Helena SO2 Redesignation Request and operated. One site was removed June 1992. In 1993, 35 The data collected in 2001 did not meet data Maintenance Plan, at 8. 39 the enhanced monitoring network added eight completeness owing to the ASARCO facility The EPA is not including emissions from the additional SO 2 sites. In 1997, eight SO2 sites were shutdown in April 2001, after which the monitoring American Chemet facility, which is located within removed from the network, thereby leaving five the East Helena SO NAA, because this facility has network was discontinued in June 2001. 2 (Microwave, McClellan Creek Road #4, McClellan not emitted a ton of SO2 in any single year since Creek Road #6, Water Tank, Kennedy Park) SO2 1990.

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40 TABLE 2—EMISSIONS DATA FOR SO2 SOURCES IN AND NEAR THE EAST HELENA SO2 NAA

Percentage of Year ASARCO Ash Grove total emissions emissions emissions from ASARCO

1996 ...... 10,181.97 102.88 99.0 1997 ...... 10,246.02 96.78 99.1 1998 ...... 9,797.69 95.7 99.0 1999 ...... 9,819.84 240.89 97.6 2000 ...... 9,957.31 229.23 97.7

As shown in Table 2, the Ash Grove the area has attained the applicable concluded from these early modeling 44 Cement plant (‘‘Ash Grove’’) contributed NAAQS. For some pollutants, this runs that there is an ambient SO2 less than 2.5% of total emissions in or determination relies solely on air problem caused by ASARCO’s near the East Helena NAA area in each quality monitoring data. However, for emissions.45 Consequently, ASARCO of the final five years of complete SO2, monitoring data alone is generally opted to establish an enhanced ambient ambient SO2 monitoring. Ash Grove is insufficient to assess an area’s monitoring network in the areas where located outside the geographic boundary attainment status. The EPA’s Calcagni initial modeling results indicated of the East Helena SO2 NAA, at a Memo states that for SO2 and specified maximum SO2 concentrations. distance of 3 km to the south of the other pollutants, ‘‘dispersion modeling Based on the results of the early NAA’s southern boundary and remains will generally be necessary to evaluate dispersion modeling, ASARCO in operation. Ash Grove’s allowable SO2 comprehensively sources’ impacts.’’ developed an updated modeling emissions are limited to 386 tpy by its Typically, attainment planning for SO2 protocol and refined dispersion MAQP #2005–13 and Title V operating involves dispersion modeling used to modeling studies to demonstrate permit #OP2005–09.41 Based on the demonstrate that the emission limits compliance with the primary SO2 emissions data provided above, and adopted by the state suffice to assure NAAQS. Control strategies to meet the consistent with our past conclusions attainment. With such modeling NAAQS in this scenario included regarding the East Helena NAA,42 the available, the EPA can generally production and process limitations that EPA proposes to concur with MDEQ’s determine an area to be attaining the would be put into place with the, as of assertion that ASARCO emitted nearly standard without further modeling, that time, yet to be submitted East all of the SO2 in the East Helena area provided monitoring data also support Helena primary SO2 Attainment SIP prior to its 2001 shutdown, and to that determination. As noted, dispersion approved by the EPA on January 27, concur with the State that monitored modeling was provided by the State and 1995 (60 FR 5313). SO2 concentrations in the area would ASARCO and approved by the EPA to The General Preamble of the Act have decreased substantially following show attainment of the primary, but not details the EPA’s interpretation of reasonably available control measures the ASARCO shutdown. secondary, SO2 NAAQS. Because the As Montana submitted the East EPA has approved Montana’s primary (RACM), including reasonably available control technology (RACT), Helena SO2 Redesignation Request to SO2 NAAQS dispersion modeling and the EPA on October 26, 2018, attainment demonstration but has not requirements, and defines RACT for SO2 contemporaneous ambient SO2 as the control technology necessary to received a secondary SO2 NAAQS 46 monitoring data was not available due dispersion modeling and attainment achieve the NAAQS. As part of the to the discontinuation of the East demonstration from the State, we cannot EPA-approved ISCST and RTDM Helena monitoring network on May 31, rely on dispersion modeling as the sole dispersion models used to predict ambient SO concentrations around the 2001. Generally, for a redesignation, the basis for redesignation. Therefore, we 2 ASARCO smelter, multiple modeling most recent eight quarters of ambient have combined our analysis of runs were performed to test SO monitoring data must show compliance monitoring and emissions data, listed 2 43 concentrations related to emissions from with the NAAQS. For this reason and above, with the modeling data discussed each stack. The results were then used based on the recommendations of here to reach our proposed conclusion to develop the emission limits and applicable guidance discussed further that the East Helena SO NAA currently 2 operating stipulations below for several below, the EPA also found it attains the 1971 SO primary and 2 of the major emission points of the appropriate to review available air secondary NAAQS. ASARCO smelter. quality modeling to complete our In 1992, after promulgation of the determination of attainment analysis. From the modeling results, ASARCO CAA Amendments of 1990, MDEQ, developed a set of parameters for b. Review of Air Quality Modeling Data ASARCO, and the EPA had been combined emissions of the two largest working together through compliance Generally, for redesignating a SO2 emission points, the sinter and blast schedules and work plans to address nonattainment area to attainment, the furnace stacks, in order to provide issues found with early modeling CAA requires the EPA to determine that operating flexibility while still studies to predict the ambient impacts providing for attainment of both the of SO2 emissions from the ASARCO 40 Ibid. annual and 24-hour primary SO2 41 These permits are available in the docket for smelter. These model results indicated 45 this proposed rulemaking action. that the NAAQS were violated when the ‘‘Primary SO2 NAAQS SIP Revision for East 42 As noted in the EPA’s ‘‘Establishment of Due facility operated at allowable emissions Helena, Montana, Technical Support Document, Date for Sulfur Dioxide SIP for the Secondary limits. Modeling results predicted SO2 October 4, 1994.’’ See Appendix E, October 9, 1992 NAAQS for East Helena, MT,’’ ASARCO ‘‘is the exceedances in two areas to the south letter from Douglas Skie to Jeffery Chaffee, with only major source of SO2 emissions in the East enclosure, discussing ASARCO’s acceptance of the Helena area.’’ See 58 FR 52237, October 7, 1993. and southeast of the smelter. The EPA de minimis GEP height of 65 m for the blast furnace 43 EPA Memo ‘‘Section 107 Designation Policy stack. Summary,’’ Sheldon Meyers, April 21, 1983. 44 CAA section 107(d)(3)(E)(i). 46 57 FR 13547, April 16, 1992; at 13560–13561.

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NAAQS. These emissions compliance previously approved catalyst screening After the promulgation of the CAA parameters were approved as a set of maintenance procedures were Amendments of 1990, the State of three linear equations 47 regulating the prohibited.50 As a result, sulfur dioxide Montana was to provide modeling as sinter stack and blast furnace stack daily emissions were no longer allowed to part of an attainment demonstration SO2 emissions. Per these parameters, the bypass the double-contact sulfuric acid showing compliance with the secondary emissions rate from the sinter stack plant for catalyst screening while the 3-hour SO2 NAAQS. Due to early would limit the allowable emissions blast furnace was operating. The East modeled NAAQS violations, ASARCO rate at the blast furnace to a level that Helena primary SO2 Attainment SIP set elected to perform additional dispersion provided for protection of the annual the sunset date of the catalyst screening modeling using CTDMPLUS/ISCST2 and 24-hour primary SO2 NAAQS. If the exemption as November 15, 1995. The and CTSCREEN models, and control sinter stack daily emissions fell within above emissions limitations and strategy evaluations to show attainment one of the three equation ranges, then stipulations imposed on ASARCO were with the secondary SO2 NAAQS. the daily emissions of the blast furnace incorporated into the control strategy Additionally, an enhanced stack must not exceed a corresponding that the EPA fully approved for the East meteorological monitoring network (to given value determined by that Helena primary SO2 Attainment Plan’s include doppler SODAR) was equation. RACM (including RACT) as attaining established to collect data for the In addition to the compliance the primary SO2 NAAQS by November complex CTDMPLUS dispersion model. parameters developed for regulating 15, 1995. Despite these efforts, the required combined emissions of the sinter and In addition to these modeled emission submittal (including the modeled blast furnace stacks, maximum daily rates for the ASARCO smelter, Ash attainment demonstration) never SO2 emission limits were also Grove was also included in the materialized before the ASARCO established for these and other ASARCO modeling for Montana’s East Helena SO2 smelter ceased operations in 2001. emission points. The maximum Attainment SIP. The facility was As discussed earlier in this notice, allowable SO2 emissions for the sinter modeled at a constant rate of 28.71 ASARCO determined that the allowable and blast furnace stacks were set at grams/second, equivalent to 998 tpy of emission rates modeled to achieve the 60.27 tons per calendar day and 29.64 SO2. As noted, Ash Grove’s current primary 1971 SO2 NAAQS in the East tons per calendar day, respectively. allowable SO2 emissions are limited to Helena primary SO2 Attainment SIP Daily emissions of SO2 from the double- 386 tpy by MAQP #2005–13 and Title would need to reduce emissions an contact sulfuric acid plant stack were V operating permit #OP2005–09.51 additional 35 percent to achieve not to exceed 4.30 tons per calendar The EPA’s criteria for evaluation of modeled compliance with the secondary day. ASARCO was required to operate the modeling and attainment SO2 NAAQS. In our October 7, 1993 continuous emission monitoring demonstration was the most recent ‘‘Deadline for SIP Submittal’’ action, we systems (CEMS) to determine version (at that time) of the EPA’s noted that the substantial emissions compliance with the emission Guideline on Air Quality Models at 40 reductions required to model attainment limitations for the sinter plant stack, CFR part 51, Appendix W. Through the of the secondary SO2 NAAQS cannot blast furnace stack, and acid plant stack. modeling provided, Montana reasonably be achieved through SO2 emissions from the concentrate demonstrated that the emission limits production or process changes. storage and handling building stack ensured compliance with both the 24- ASARCO estimated that if production (including the exhaust from the sinter hour and annual primary NAAQS. The were reduced by 35 percent, annual plant ventilation system baghouse) were EPA determined that the modeling revenue would be reduced by more than not to exceed 46 pounds per hour or indicated that both primary SO2 $12.4 million. ASARCO contended that 0.552 tons per calendar day. NAAQS would be attained by November such a reduction in revenue would The SIP-approved daily maximum 15, 1995, thereby complying with the make continued operation of the East emission limits, and also the attainment date stipulated in the CAA Helena smelter economically infeasible. compliance parameters for the Amendments of 1990. The ASARCO Though the EPA could not confirm the combined emissions of the sinter and modeling and the East Helena primary projected level of revenue loss, we blast furnace stacks, went into effect SO2 Attainment SIP were approved by noted that the economic impact to the 48 September 1, 1994. Two additional the EPA on January 27, 1995 (60 FR industry and the community would be 52 emission limitations on minor stack 5313). significant. We agreed with the State of sources at the ASARCO smelter took As noted in our January 27, 1995 Montana and ASARCO that the only effect on June 30, 1995; SO2 emissions approval of the East Helena primary SO2 feasible way to meet the secondary SO2 from the crushing mill baghouse stacks Attainment SIP (and elsewhere in this NAAQS, based on modeling results, notice), the State of Montana was to #1 and #2 were not to exceed 0.19 and would be to install new air pollution provide the EPA with its 3-hour 0.37 tons per calendar day, respectively. control equipment or new process As well as the aforementioned secondary NAAQS Attainment SIP in a technologies.53 Because Montana failed emission limitations, the EPA also forthcoming submittal. This was due to to submit the required secondary SO imposed additional provisions 49 on issues with compliance with the 2 NAAQS SIP, highway and offset ASARCO’s operating stipulations to NAAQS, as discussed further below. sanctions were imposed by operation of ensure that SO2 emissions from 50 law pursuant to a finding of failure to miscellaneous volume and fugitive During catalyst screening maintenance, SO2 submit for a designated nonattainment sources would not increase beyond their that would normally be transformed into sulfuric area (42 U.S.C. 7509(a)(1)) on December current levels. Moreover, ASARCO’s acid and recovered as a product, instead was bypassing the acid plant pollution controls and was 16, 1993.54 directly emitted to the atmosphere. See 49 FR Considering ASARCO’s estimate 47 ‘‘Primary SO2 NAAQS SIP Revision for East 18482, May 1, 1984. (based on dispersion modeling) 55 that Helena, Montana, Technical Support Document, 51 These permits are available in the docket for October 4, 1994,’’ at 20. this proposed rulemaking action. 48 52 53 60 FR 5313, January 27, 1995. ‘‘Primary SO2 NAAQS SIP Revision for East 58 FR 52237, October 7, 1993. 49 54 ‘‘Primary SO2 NAAQS SIP Revision for East Helena, Montana, Technical Support Document, See EPA’s January 19, 1994 letter to Montana Helena, Montana, Technical Support Document, October 4, 1994.’’ See C. Dispersion Modeling and Governor Racicot in the docket for this action. October 4, 1994,’’ at 21. Attainment Demonstration, at 16. 55 58 FR 52237, October 7, 1993.

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an additional 35 percent emissions the EPA a 3-hour secondary NAAQS proposes to determine that the SIP is reduction would be necessary to meet Attainment SIP. Specifically, because fully approved with respect to all the secondary SO2 NAAQS, the EPA the EPA is proposing to conclude that requirements applicable for the 1971 concludes that this level of reduction the East Helena NAA is currently SO2 NAAQS for purposes of was far surpassed by the ASARCO attaining the 3-hour secondary SO2 redesignation in accordance with shutdown. ASARCO’s maximum NAAQS, the State is not required to also section 107(d)(3)(E)(ii). In making these allowable SO2 emissions were permitted submit a SIP providing for such determinations, the EPA ascertained at 18,773 tpy when the EPA determined attainment. which requirements are applicable to that this level of control was sufficient c. EPA’s Proposed Determination of the East Helena SO2 NAA and, if to attain the 1971 primary SO NAAQS, 2 Attainment applicable, that they are fully approved and thus approved the East Helena under section 110(k). 56 primary SO2 Attainment SIP. As As discussed above, the normal noted, Ash Grove was also included in prerequisite for redesignation of a a. The East Helena SO2 NAA Has Met this attainment modeling, with a nonattainment area is submittal of All Applicable Requirements Under modeled constant emission rate of 28.71 quality-assured ambient data with no Section 110 and Part D of the CAA grams per second, equivalent to 998 tpy violations of the NAAQS for the most General SIP Requirements 57 of SO2. Hence, an additional reduction recent eight consecutive quarters. Generally, a modeling demonstration is General SIP elements and of 6,570.5 tpy (35 percent of 18,773) of requirements are delineated in section SO2 from ASARCO, or estimated also necessary for SO2 nonattainment areas seeking to redesignate.58 The Seitz 110(a)(2) of title I, part A of the CAA. allowable emissions 12,202.5 tpy, These requirements include, but are not should suffice to meet the secondary Memo recognizes that states should be limited to, the following: Submittal of a SO NAAQS even if Ash Grove were to provided an opportunity to request 2 SIP that has been adopted by the state emit 998 tpy of SO annually, over 2.5 redesignation for areas where there is no 2 after reasonable public notice and times current Ash Grove allowable contemporary monitoring data available hearing; provisions for establishment emissions. The current allowable if there is no reasonable basis for and operation of appropriate procedures emissions in the East Helena area are assuming that SO2 violations persist needed to monitor ambient air quality; 386.09 tpy of SO (See Table 3), just 3 after closure of the sources that were the 2 implementation of a source permit percent of the estimated allowable rates cause of these violations.59 We find that program; provisions for the sufficient to attain the secondary SO East Helena is such an area, and that 2 implementation of part C requirements NAAQS. On this basis, the EPA is available monitoring and modeling data (Prevention of Significant Deterioration proposing to conclude that the modeling discussed above also indicate current (PSD)) and provisions for the performed as part of the East Helena attainment of both the primary and implementation of part D requirements primary SO Attainment SIP, considered secondary 1971 SO2 NAAQS. We 2 (New Source Review (NSR) permit alongside current allowable emissions therefore propose to determine that the programs); provisions for air pollution in the East Helena area and the attaining East Helena NAA is attaining the modeling; and provisions for public and monitoring listed in Table 1, primary and secondary 1971 SO2 local agency participation in planning demonstrate that the East Helena area is NAAQS. and emission control rule development. attaining the 3-hour secondary SO 2 2. Criteria (2)—Montana Has a Fully Section 110(a)(2)(D) requires that SIPs NAAQS. Approved SIP Under Section 110(k); As will be discussed further in the contain certain measures to prevent and Criteria (5)—Montana Has Met All EPA’s review of 107(d)(3)(E) criteria 2 sources in a state from significantly Applicable Requirements Under Section and 5, the EPA’s longstanding contributing to air quality problems in 110 and Part D of Title I of the CAA interpretation of the nonattainment another state. To implement this planning requirements of CAA section For redesignating a nonattainment provision, the EPA has required certain 172 is that once an area is attaining the area to attainment under a NAAQS, the states to establish programs to address NAAQS, those requirements are not CAA requires the EPA to determine that the interstate transport of air pollutants. ‘‘applicable’’ for purposes of CAA the state has met all applicable The section 110(a)(2)(D) requirements section 107(d)(3)(E)(ii) and therefore requirements for that NAAQS under for a state are not linked with a need not be approved into the SIP section 110 and part D of title I of the particular nonattainment area’s before the EPA can redesignate the area. CAA (CAA section 107(d)(3)(E)(v)) and designation and classification in that The EPA is proposing to reach a similar that the state has a fully approved SIP state. The EPA believes that the conclusion regarding the State’s under section 110(k) for that NAAQS for requirements linked with a particular outstanding requirement to submit to the area (CAA section 107(d)(3)(E)(ii)). nonattainment area’s designation and The EPA proposes to find that Montana classifications are the relevant measures 56 to evaluate in reviewing a redesignation ASARCO’s enforceable SO2 emission limits has met all applicable SIP requirements have been comprised of permit limits and SIP- for the East Helena SO2 NAA under request. The transport SIP submittal approved limits. ASARCO’s MAQP SO2 emission section 110 of the CAA (general SIP requirements, where applicable, limit was 18,733 tpy before the permit was revoked requirements) for purposes of continue to apply to a state regardless of in 2010. The East Helena primary SO2 Attainment the designation of any one particular SIP further strengthened ASARCO’s SO2 emissions redesignation. Additionally, the EPA limits as discussed in detail above. All of proposes to find that the Montana SIP area in the state. Thus, the EPA does not ASARCO’s emission limits, be they SIP-approved or satisfies the criterion that it meets believe that the CAA’s interstate permitted, are enforceable. Had ASARCO operated transport requirements should be at its daily maximum emission limits as a constant applicable SIP requirements for yearlong rate, doing so would have violated the purposes of redesignation under part D construed to be applicable requirements MAQP emission limit and the enforceable of title I of the CAA in accordance with for purposes of redesignation. compliance parameters. The daily maximum section 107(d)(3)(E)(v). Further, the EPA In addition, the EPA believes other emission limit was never intended as a constant section 110 elements that are neither maximum allowable emission rate. Rather, the 1995 57 connected with nonattainment plan primary SO2 Attainment SIP emission limits and Helms Memo at 1. operating stipulations were developed to provide 58 Calcagni Memo at 3. submissions nor linked with an area’s ASARCO with maximum operating flexibility. 59 Seitz Memo at 1. attainment status are applicable

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requirements for purposes of and therefore need not be approved into plan’’ for purposes of satisfying CAA redesignation. The area will still be the SIP before the EPA can redesignate section 107(d)(3)(E)(ii).60 subject to these requirements after the the area. In the 1992 General Preamble Section 172(c)(3) requires submission area is redesignated. The section 110 for Implementation of Title I, the EPA and approval of a comprehensive, and part D requirements which are set forth its interpretation of applicable accurate, and current inventory of actual linked with a particular area’s requirements for purposes of evaluating emissions. The East Helena primary SO2 designation and classification are the redesignation requests when an area is Attainment SIP contained an inventory relevant measures to evaluate in attaining a standard. See 57 FR 13498, which the EPA approved as meeting the reviewing a redesignation request. This 13564 (April 16, 1992). The EPA noted requirements of CAA section approach is consistent with the EPA’s that the requirements for Reasonable 172(c)(3).61 This inventory reported existing policy on applicability (i.e., for Further Progress (RFP) and other annual SO2 emissions for the ASARCO redesignations) of conformity and measures designed to provide for facility at approximately 18,000 tpy, oxygenated fuels requirements, as well attainment do not apply in evaluating with approximately 280 tpy attributed as with section 184 ozone transport redesignation requests because those to the Ash Grove kiln stacks. The more requirements. See Reading, nonattainment planning requirements contemporary emissions inventory Pennsylvania, proposed and final ‘‘have no meaning’’ for an area that has submitted as part of the maintenance rulemakings (61 FR 53174–53176, already attained the standard. Id. This plan for the East Helena SO2 NAA will October 10, 1996), (62 FR 24826, May 7, interpretation was also set forth in the be discussed further in the maintenance 2008); Cleveland-Akron-Loraine, Ohio, Calcagni Memo. The EPA’s plan portion of this proposed action. final rulemaking (61 FR 20458, May understanding of section 172 also forms Section 172(c)(4) requires the 7,1996); and Tampa, Florida, final the basis of its Clean Data Policy, which identification and quantification of allowable emissions for major new and rulemaking at (60 FR 62748, December was articulated with regard to SO2 in modified stationary sources to be 7, 1995). See also the discussion on this the 2010 SO2 NAA Guidance and issue in the Cincinnati, Ohio, suspends a state’s obligation to submit allowed in an area, and section 172(c)(5) redesignation (65 FR 37890, June 19, most of the attainment planning requires source permits for the 2000), and in the Pittsburgh, requirements that would otherwise construction and operation of new and Pennsylvania, redesignation (66 FR apply, including an attainment modified major stationary sources 50399, October 19, 2001). demonstration and planning SIPs to anywhere in the nonattainment area. provide for RFP, RACM, and The EPA has a longstanding Title I, Part D, Applicable SIP interpretation that because Requirements contingency measures under section 172(c)(9). Courts have upheld the EPA’s Nonattainment NSR (NNSR) is replaced Section 172(c) of the CAA sets forth interpretation of section 172(c)(1) for by PSD upon redesignation, the basic requirements of attainment nonattainment areas seeking ‘‘reasonably available’’ control measures plans for nonattainment areas that are redesignation to attainment need not and control technology as meaning only required to submit them pursuant to have a fully approved part D NNSR those controls that advance attainment, section 172(b). Subpart 5 of part D, program in order to be redesignated. A which precludes the need to require which includes section 191 and 192 of more detailed rationale for this view is additional measures where an area is the CAA, establishes requirements for described in a memorandum from Mary already attaining. NRDC v. EPA, 571 SO , nitrogen dioxide and lead Nichols, Assistant Administrator for Air 2 F.3d 1245, 1252 (D.C. Cir. 2009); Sierra nonattainment areas. A thorough and Radiation, dated October 14, 1994, Club v. EPA, 294 F.3d 155, 162 (D.C. discussion of the requirements entitled ‘‘Part D New Source Review Cir. 2002); Sierra Club v. EPA, 314 F.3d contained in sections 172(c) can be Requirements for Areas Requesting 735, 744 (5th Cir. 2002); Sierra Club v. found in the General Preamble for Redesignation to Attainment.’’ Montana EPA, 375 F.3d 537 (7th Cir. 2004). But Implementation of Title I (57 FR 13498). currently has a fully-approved PSD and see Sierra Club v. EPA, 793 F.3d 656 part D NNSR program in place at Subpart 5 Section 172 Requirements (6th Cir. 2015). Administrative Rules of Montana (ARM) Section 172(c)(1) requires the plans Therefore, because attainment has Subchapter 8. Montana’s PSD program

for all nonattainment areas to provide been reached in the East Helena SO2 will become effective in the East Helena NAA, no additional measures are for the implementation of all RACM as SO2 NAA upon redesignation to expeditiously as practicable and to needed to provide for attainment, and attainment. provide for attainment of the NAAQS. section 172(c)(1) requirements for an Section 172(c)(7) requires the SIP to The EPA interprets this requirement to attainment demonstration and RACM meet the applicable provisions of impose a duty on all nonattainment are not part of the ‘‘applicable section 110(a)(2). As noted above, the areas to consider all available control implementation plan’’ required to have EPA believes the Montana SIP meets the measures and to adopt and implement been approved prior to redesignation requirements of section 110(a)(2) such measures as are reasonably per CAA section 107(d)(3)(E)(ii). The applicable for purposes of available for implementation in each other section 172 requirements that are redesignation. area as components of the area’s designed to help an area achieve attainment demonstration. Under attainment—the section 172(c)(2) Section 176 Conformity Requirements section 172, states with nonattainment requirement that nonattainment plans Section 176(c) of the CAA requires areas must submit plans providing for contain provisions promoting states to establish criteria and timely attainment and meeting a variety reasonable further progress, the procedures to ensure that federally of other requirements. requirement to submit the section supported or funded projects conform to The EPA’s longstanding interpretation 172(c)(9) contingency measures, and the of the nonattainment planning section 172(c)(6) requirement for the SIP 60 The EPA notes that MDEQ has met the requirements of section 172 is that once to contain control measures necessary to requirements of CAA section 172(c)(1), (2), (6), and (9) for the 1971 primary SO NAAQS, but not for an area is attaining the NAAQS, those provide for attainment of the NAAQS— 2 the 1971 secondary SO2 NAAQS. 60 FR 5315, requirements are not ‘‘applicable’’ for are also not required to be approved as January 27, 1995. purposes of CAA section 107(d)(3)(E)(ii) part of the ‘‘applicable implementation 61 60 FR 5315, January 27, 1995.

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the air quality planning goals in the in emissions resulting from SO2 NAA is due to permanent and applicable SIP. The requirement to implementation of the SIP, applicable enforceable reductions in emissions. determine conformity applies to federal air pollution control regulations, 4. Criteria (4)—The East Helena SO transportation plans, programs, and and other permanent and enforceable 2 Nonattainment Area Has a Fully projects that are developed, funded, or reductions (CAA section Approved Maintenance Plan Pursuant approved under title 23 of the United 107(d)(3)(E)(iii)). The EPA proposes to to Section 175A of the CAA States Code (U.S.C.) and the Federal find that Montana has demonstrated Transit Act (transportation conformity) that the observed air quality To redesignate a nonattainment area as well as to all other federally improvement in the East Helena SO2 to attainment, the CAA requires the EPA supported or funded projects (general NAA is due to permanent and to determine that the area has a fully conformity). State transportation enforceable reductions in emissions. approved maintenance plan pursuant to conformity SIP revisions must be Specifically, the EPA considers the section 175A of the CAA (CAA section consistent with federal conformity shutdown of the ASARCO smelter, 107(d)(3)(E)(iv)). In conjunction with its regulations relating to consultation, identified as the cause of SO2 NAAQS request to redesignate the East Helena enforcement, and enforceability that the violations,62 to be both permanent and SO2 NAA to attainment for the 1971 EPA promulgated pursuant to its enforceable due to the source’s primary and secondary SO2 NAAQS, authority under the CAA. dismantling and permit revocation. The MDEQ submitted a SIP revision to Montana has an approved general EPA notes that the ASARCO smelter provide for the maintenance of these conformity SIP for the East Helena area. was still operating during the 1987– NAAQS for at least 10 years after the See 67 FR 62392 (October 7, 2002). 2001 period during which the 1971 effective date of redesignation to Moreover, the EPA interprets the primary and secondary SO NAAQS attainment. As will be discussed in conformity SIP requirements as not 2 was attained across the East Helena further detail in Section III.B., ‘‘CAA applying for purposes of evaluating a enhanced monitoring network. Due to Section 175A Requirements,’’ the EPA is redesignation request under section the ASARCO shutdown, the EPA proposing to find that this maintenance 107(d) because, like other requirements reasonably concludes that the 1971 SO plan for the area meets the requirements listed above, state conformity rules are 2 NAAQS would have and will continue for approval under section 175A of the still required after redesignation and to be attained by a far greater margin CAA. federal conformity rules apply where following the facility’s shutdown. As state rules have not been approved. See B. EPA Review of CAA Section 175A stated in the Calcagni Memo, ‘‘Emission Wall v. EPA, 265 F.3d 426 (6th Cir. Requirements reductions from source shutdowns can 2001) (upholding this interpretation); be considered permanent and 1. Maintenance Plan Requirements see also 60 FR 62748 (December 7, enforceable to the extent that those 1995) (redesignation of Tampa, Florida). CAA section 175A sets forth the For these reasons, the EPA proposes shutdowns have been reflected in the elements of a maintenance plan for SIP and all applicable permits have areas seeking redesignation from to find that Montana has satisfied all 63 applicable requirements for purposes of been modified accordingly.’’ As nonattainment to attainment. Under noted, MDEQ revoked ASARCO’s section 175A, the plan must redesignation of the East Helena SO2 NAA under section 110 and part D of MAQP #2557–12 on January 5, 2010, demonstrate continued attainment of title I of the CAA. and the source’s Title V permit the applicable NAAQS for at least 10 #OP2557–04 expired on April 4, 2007.64 years after the Administrator approves a b. The East Helena SO2 NAA Has a Further, the ASARCO facility has been redesignation to attainment. Eight years Fully Approved Applicable SIP Under demolished, making its future operation after the redesignation, the state must Section 110(k) of the CAA impossible and thus exhibiting the submit a revised maintenance plan The EPA has fully approved the permanence of the emissions reductions demonstrating that attainment will applicable Montana SIP for the East in the nonattainment area. Any new continue to be maintained for the 10 Helena SO2 NAA under section 110(k) sources seeking to operate within the years following the initial 10-year of the CAA for all requirements East Helena NAA would first be period. To address the possibility of applicable for purposes of required to demonstrate that their new future NAAQS violations, the redesignation. As indicated above, the SO2 emissions would not interfere with maintenance plan must contain EPA believes that the section 110 attainment and maintenance of the 1971 contingency measures as the EPA deems 65 elements that are neither connected (and 2010) SO2 NAAQS. Therefore, necessary to assure prompt correction of with nonattainment plan submissions the EPA is proposing to find that the air any future SO2 NAAQS violations. The nor linked to an area’s nonattainment quality improvement in the East Helena Calcagni Memo provides further status are not applicable requirements guidance on the content of a for purposes of redesignation. The EPA 62 58 FR 52237, October 7, 1993. maintenance plan, explaining that a has approved all part D requirements 63 Calcagni Memo at 10. maintenance plan should address five 64 Permit revocation letter is included in the applicable under the 1971 SO2 NAAQS, requirements: The attainment emissions docket for this action. inventory; maintenance demonstration; as identified above, for purposes of this 65 All 1971 SO NAAQS will continue to apply 2 monitoring; verification of continued redesignation. in the East Helena SO2 NAA (in addition to the 66 2010 SO2 NAAQS) after redesignation to attainment attainment; and a contingency plan. 3. Criteria (3)—The Air Quality unless further action is taken by the State As noted, the Seitz Memo provides Improvement in the East Helena SO 2 requesting 1971 primary SO2 NAAQS revocation. maintenance plan guidance specific to As stated in the 2010 SO NAAQS promulgation, NAA Is Due to Permanent and 2 nonattainment areas whose historic Enforceable Reductions in Emissions ‘‘EPA is also providing that the annual and 24-hour NAAQS remain in place for any current violations were caused by a major point For redesignating a nonattainment nonattainment area . . . until the affected area source that is no longer in operation. area to attainment, the CAA requires the submits, and EPA approves, a SIP with an The Seitz memo provides a path for attainment, implementation, maintenance and EPA to determine that the air quality enforcement SIP which fully addresses the such areas to justify exemption from improvement in the area is due to attainment and maintenance requirements of the 66 permanent and enforceable reductions new SO2 NAAQS.’’ See 75 FR 35581, June 22, 2010. Calcagni Memo at 8–13.

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maintenance plan requirements of of 386 tpy, to calculate a total projection and the EPA in the 1990’s as part of the continued monitoring and describes of 386.09 tpy of SO2 emissions each year East Helena primary SO2 Attainment how attainment and continued from 2017 to 2026. This attainment Plan, to make this two-part showing. An maintenance could be demonstrated in inventory is provided in Table 3, below, in depth discussion on this modeling is such areas. Based on our review of the with actual emissions replacing the presented in section III.A.1., above. East Helena SO2 Redesignation Request State’s projected allowable limits for The EPA finds that the dispersion and relevant past rulemaking actions,67 2017. We conclude that the inventories modeling for the East Helena primary the EPA finds that the East Helena SO2 provided by the State are complete, SO2 Attainment Plan is adequate to NAA is an appropriate area for accurate, and consistent with applicable make the two-part showing application of the guidance laid out in CAA provisions and the Seitz Memo. recommended by the Seitz Memo. First, The State also included historic the Seitz Memo. The EPA has therefore the SO2 limits relied upon to model emissions data for ASARCO and Ash elected to assess the East Helena SO2 attainment of the 1971 primary SO2 69 Maintenance Plan based on the Grove from 1990 to 2001. Neither the NAAQS, and the additional 35 percent State nor the EPA has emissions data recommendations provided in the Seitz SO2 reduction necessary to model Memo, as discussed further below. available for these facilities prior to attainment of the secondary SO 1990, due to ASARCO’s 2001 shut down 2 2. Review of the East Helena SO2 NAAQS, both projected annual and the passage of time. Therefore, there ASARCO emissions above 10,000 tpy Maintenance Plan in the Context of the is not an inventory available that can Seitz Memo and Ash Grove emissions at 998 tpy. provide actual emissions when Because current allowable emissions in In order to allow areas to qualify for violations occurred, as recommended by the East Helena area are just 386.09 tpy, redesignation to attainment, the Seitz the Seitz Memo. We do not consider this we find this sufficient evidence that no Memo policy requires that the to be an issue, as the historic emissions violations presently occur or can be inventory provided by the State and our maintenance plan address otherwise projected to occur during the next 10 review of previous rulemaking actions applicable provisions, and include: (1) years anywhere within the for East Helena clearly show that the Emissions inventories representing nonattainment area. Second, the shut down source, ASARCO, was the actual emissions when violations information provided throughout cause of historic SO violations. occurred, current emissions and 2 today’s proposed rulemaking, most emissions projected to the 10th year notably Table 2, clearly demonstrate TABLE 3—EAST HELENA SO MAINTE- after redesignation; (2) Dispersion 2 that ASARCO was the dominant source modeling showing that no NAAQS NANCE AREA PROJECTED ATTAIN- contributing to high SO2 concentrations violations will occur over the next 10 MENT INVENTORY in the East Helena area. For these years and that the shut down source was reasons, the EPA finds that the ambient the dominant cause of the high Ash Year grove Chemet SO2 modeling requirement for concentrations in the past; (3) Evidence redesignations and maintenance plans is that if the shut down source resumes 2017 ...... * 102 * 0.02 met. operation, it would be considered a new 2018 ...... 386 0.09 source and be required to obtain a 2019 ...... 386 0.09 c. Permitting of New or Modified permit under the PSD provisions of the 2020 ...... 386 0.09 Sources CAA; and (4) A commitment to resume 2021 ...... 386 0.09 For the East Helena SO NAA, the monitoring before any major SO source 2022 ...... 386 0.09 2 2 NNSR permit program responsibilities commences operation. The EPA will 2023 ...... 386 0.09 are held by MDEQ. MDEQ has address these requirements 2024 ...... 386 0.09 2025 ...... 386 0.09 longstanding, SIP-approved PSD and individually, below. 2026 ...... 386 0.09 minor NSR permitting programs.71 In a. Emissions Inventory * Indicates actual emissions. conjunction with all SIP-approved The Seitz Memo recommends a state’s requirements of MDEQ’s SIP-approved b. Dispersion Modeling maintenance plan include emissions PSD permitting program, the Source inventories representing actual Past EPA policy memoranda on SO2 Impact Analysis requires ‘‘[t]he owner emissions when violations occurred, redesignations have recommended or operator of the proposed source or current emissions and emissions dispersion modeling. Per the Seitz modification shall demonstrate that projected to the 10th year after Memo, the purpose of such modeling allowable emission increases from the redesignation. Montana’s East Helena analysis is to show that; (1) No SO2 proposed source or modification, in conjunction with all other applicable SO2 Maintenance Plan included both NAAQS violations presently occur or past actual and future projected can be projected to occur during the emission increases or reductions attainment emissions inventories 68 for next 10 years anywhere within the (including secondary emissions), would not cause or contribute to air pollution the East Helena SO2 NAA. The two nonattainment area, and (2) point sources included in these inventories sources, which have since shut down, in violation of any national ambient air are the American Chemet Corporation were the dominant sources contributing quality standard in any air quality (Chemet) and Ash Grove, despite the to high SO2 concentrations in the control region or any applicable latter facility’s location outside of the airshed.70 The State elected not to maximum allowable increase over the baseline concentration in any area.’’ 72 East Helena SO2 NAA. MDEQ’s future submit an updated dispersion modeling projected attainment inventory used analysis to the EPA as part of the East Furthermore, in conjunction with all Chemet’s permitted allowable SO2 limit Helena SO2 Maintenance Plan. For this SIP-approved requirements of MDEQ’s of 0.09 tpy (per MAQP #1993–19) and reason, the EPA is relying on the SIP-approved minor source permitting Ash Grove’s permitted allowable limit dispersion modeling conducted in program, Conditions For Issuance or coordination with ASARCO, the MDEQ, 67 60 FR 5315, January 27, 1995. 71 ARM Title 17, Chapter 8, Subchapters 7, 8, 9 68 69 East Helena SO2 Redesignation Request and Id. at 8. and 10. Maintenance Plan, October 26, 2018, at 13–14. 70 Seitz Memo at 3. 72 ARM 17.8.820.

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Denial of Permit,73 requires that, ‘‘[a] 3. Review of Remaining Maintenance and minor NSR permitting programs.76 Montana air quality permit may not be Plan Provisions Thus, we find that MDEQ’s permitting issued for a new or modified facility or As discussed above, CAA section program is sufficient to track future air emitting unit unless the applicant 175A sets forth the statutory quality trends and to assure that the East demonstrates that the facility or requirements for maintenance plans, Helena maintenance area will not emitting unit can be expected to operate and the Calcagni and Shaver memos violate the NAAQS. If Montana in compliance with the Clean Air Act of cited above contain specific EPA identifies the potential for a NAAQS Montana and rules adopted under that guidance. The only maintenance plan violation through the permitting Act, the Federal Clean Air Act and rules element not covered by the Seitz Memo process, the State would be required to promulgated under that Act (as is the contingency provision. CAA ascertain what measures must be taken incorporated by reference in ARM Section 175A provides that maintenance to avoid the violation. We are therefore 17.8.767), and any applicable plans ‘‘contain such contingency proposing to conclude that the East Helena SO Maintenance Plan requirement contained in the Montana provisions as the Administrator deems 2 satisfactorily addresses the State Implementation Plan (as necessary to assure that the State will promptly correct any violation of the ‘‘contingency plan’’ requirement of CAA incorporated by reference in ARM section 175A. 17.8.767), and that it will not cause or standard which occurs after the redesignation of the area as an The EPA generally requires that a contribute to a violation of any Montana state continue ambient monitoring to or national ambient air quality attainment area.’’ The East Helena SO Maintenance meet the maintenance plan requirement standard.’’ MDEQ is committed to 2 Plan includes the State’s commitment to for verification of continued attainment. continuing to implement its SIP- continue to implement and enforce However, the Seitz Memo provides the approved major and minor source opportunity for redesignated areas to be measures necessary to maintain the SO2 permitting programs in the East Helena NAAQS. MDEQ’s current operating exempt from continued ambient maintenance area to ensure that any permit program places limits on SO2 monitoring of maintenance areas when 74 new or modified (or reopened) emissions from existing sources. Should the dominant source of SO2 in the area industrial source of SO2 emissions will an existing facility (such as Chemet) has shut down.77 As discussed earlier in not cause or contribute to a subsequent want to increase SO2 emissions by 40 this proposed notice, we find that the SO2 NAAQS violation in the area. tpy or more, the facility would be East Helena SO2 NAA’s unique Further, any appropriate changes to the subject to the PSD program. Should a circumstances are appropriate for ARM will be submitted to the EPA for new facility be constructed in the East application of the Seitz Memo guidance. approval as a SIP revision. Helena maintenance area, the facility Therefore, we determine that in this These programs will apply to any would also be subject to PSD. instance, an exemption to continued monitoring would be appropriate. If major source wishing to locate in the The Calcagni Memo emphasizes the today’s action is finalized as proposed, East Helena NAA once the it is importance of specific contingency MDEQ will not be monitoring to verify redesignated to attainment. The MDEQ measures, schedules for adoption, and action levels to trigger implementation SO2 NAAQS compliance in the East commitment to treat any major source in of the contingency plan. The Calcagni Helena area unless required by or near East Helena as ‘‘new’’ under the Memo also states that a contingency Montana’s permitting program following PSD program satisfies the plan must require that the state the introduction of a new or modified preconstruction permit provision of the implement all measures contained in source to the area. The state has Seitz Memo as one of the prerequisites the part D nonattainment plan. Since all provided evidence that SO2 monitoring to redesignation. of the measures contained in the East conducted between 1987 and d. Monitoring Helena primary SO2 Attainment Plan ASARCO’s shutdown in 2001 met the (which satisfied part D for the 1971 applicable NAAQS with no violations In the East Helena SO2 Maintenance primary NAAQS) specifically addressed observed during that time (See Table 1). Plan, the State requires installation of the ASARCO facility, the EPA does not Additionally, due to the total removal of appropriate SO2 monitoring for a find it reasonable to contain such the ASARCO facility, the source of the minimum of three years if a major measures in the East Helena SO2 SO2 NAAQS violations have been source of SO2 attempts to locate within Maintenance Plan now that the facility eliminated. With ASARCO removed the East Helena SO2 NAA and the does not exist. Additionally, the EPA is from the total SO2 emissions in the East source’s modeling indicates that the SO2 proposing to conclude that the projected Helena area, available evidence impacts are greater than 75 percent of allowable SO2 emissions limits for the indicates attainment will be met by a the NAAQS including background to two remaining sources in the East wide margin. We agree with MDEQ that ensure that the NAAQS are adequately Helena area (Ash Grove and Chemet) are maintenance of the SO2 NAAQS in the protected. Moreover, Montana’s PSD protective of the NAAQS. For these East Helena SO2 maintenance area can program also requires that permit reasons, the State’s contingency plan be tracked through updates to the focuses on ensuring that new sources or applicants conduct preconstruction emissions inventory and operating modifications of existing permitted monitoring to identify baseline permit applications received for SO2 sources are protective of the SO concentrations. Together, these 2 emitting sources for verification of NAAQS. We agree with the State that commitments address the monitoring continued attainment. any new source planning to locate provision of the Seitz Memo. within the maintenance area or existing C. EPA’s Proposed Conclusion source proposing a significant 75 Based on the EPA’s analysis of the 73 ARM 17.8.749. increase in SO2 emissions would be East Helena SO2 Redesignation Request 74 The EPA does not foresee any new source and Maintenance Plan, provided in operating within the boundaries of the East Helena subject to Montana’s SIP-approved PSD NAA due to its Superfund designation, completed remediation activities to date, and institutional 75 Per 40 CFR 52.21(b)(23)(i), a net emissions 76 ARM Title 17, Chapter 8, Subchapters 7, 8, 9 controls imposed on the East Helena Site (including increase or potential to emit of 40 tpy or greater is and 10. 77 future deed restrictions). considered ‘‘significant’’ for SO2. Seitz Memo at 1.

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sections III.A. and III.B., the EPA is • Is not a significant regulatory action Pb National Ambient Air Quality proposing to determine that the State subject to Executive Order 13211 (66 FR Standard (NAAQS). The EPA is taking has met all applicable requirements of 28355, May 22, 2001); this action pursuant to the Clean Air Act CAA sections 107(d)(3)(E) and 175A. • Is not subject to requirements of (CAA). Section 12(d) of the National IV. Proposed Action DATES: Written comments must be Technology Transfer and Advancement received on or before August 16, 2019. After review and analysis of Act of 1995 (15 U.S.C. 272 note) because Montana’s submittal, the EPA is application of those requirements would ADDRESSES: Submit your comments, proposing to redesignate the East be inconsistent with the Clean Air Act; identified by Docket ID No. EPA–R08– Helena, Montana SO2 NAA to and OAR–EPA–R08–OAR–2019–0320, to the attainment for the 1971 primary 24-hour • Does not provide the EPA with the Federal Rulemaking Portal: https:// and annual, and secondary 3-hour SO2 discretionary authority to address, as www.regulations.gov. Follow the online NAAQS. The EPA is also proposing to appropriate, disproportionate human instructions for submitting comments. approve the State’s plan for continued health or environmental effects, using Once submitted, comments cannot be maintenance and attainment of the 1971 practicable and legally permissible edited or removed from primary 24-hour and annual, and methods, under Executive Order 12898 www.regulations.gov. The EPA may secondary 3-hour SO2 NAAQS in East (59 FR 7629, February 16, 1994). publish any comment received to its Helena, Montana for ten years following In addition, the SIP is not proposed to public docket. Do not submit redesignation to attainment. apply on any Indian reservation land or electronically any information you in any other area where the EPA or an consider to be Confidential Business V. Statutory and Executive Order Indian tribe has demonstrated that a Information (CBI) or other information Reviews tribe has jurisdiction. In those areas of whose disclosure is restricted by statute. Under the CAA, the Administrator is Indian country, the rule does not have Multimedia submissions (audio, video, required to approve a SIP submission tribal implications and will not impose etc.) must be accompanied by a written that complies with the provisions of the substantial direct costs on tribal comment. The written comment is Act and applicable federal regulations. governments or preempt tribal law as considered the official comment and 42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 should include discussion of all points Thus, in reviewing SIP submissions, the FR 67249, November 9, 2000). you wish to make. The EPA will EPA’s role is to approve state choices, generally not consider comments or provided that they meet the criteria of List of Subjects in 40 CFR Part 52 comment contents located outside of the the CAA. Accordingly, this action Environmental protection, Air primary submission (i.e., on the web, merely proposes to approve state law as pollution control, Incorporation by cloud, or other file sharing system). For meeting federal requirements and does reference, Intergovernmental relations, additional submission methods, the full not impose additional requirements Nitrogen dioxide, Particulate matter, EPA public comment policy, beyond those imposed by state law. For Sulfur oxides. information about CBI or multimedia submissions, and general guidance on that reason, this proposed action: Authority: 42 U.S.C. 7401 et seq. • Is not a significant regulatory action making effective comments, please visit subject to review by the Office of Dated: July 11, 2019. http://www2.epa.gov/dockets/ Management and Budget under Gregory Sopkin, commenting-epa-dockets. Executive Orders 12866 (58 FR 51735, Regional Administrator, EPA Region 8. Docket: All documents in the docket October 4, 1993) and 13563 (76 FR 3821, [FR Doc. 2019–15111 Filed 7–16–19; 8:45 am] are listed in the www.regulations.gov January 21, 2011); BILLING CODE 6560–50–P index. Although listed in the index, • Is not an Executive Order 13771 (82 some information is not publicly FR 9339, February 2, 2017) regulatory available, e.g., CBI or other information action because SIP approvals are ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. exempted under Executive Order 12866; AGENCY Certain other material, such as • Does not impose an information copyrighted material, will be publicly 40 CFR Part 52 collection burden under the provisions available only in hard copy. Publicly of the Paperwork Reduction Act (44 [EPA–R08–OAR–2019–0320; FRL–9996–63– available docket materials are available U.S.C. 3501 et seq.); Region 8] either electronically in • Is certified as not having a www.regulations.gov or in hard copy at significant economic impact on a Approval and Promulgation of Air the Air and Radiation Division, substantial number of small entities Quality Implementation Plans; State of Environmental Protection Agency under the Regulatory Flexibility Act (5 Montana; East Helena Lead (EPA), Region 8, 1595 Wynkoop Street, U.S.C. 601 et seq.); Nonattainment Area Maintenance Plan Denver, Colorado 80202–1129. The EPA and Redesignation Request • Does not contain any unfunded requests that if at all possible, you contact the individual listed in the FOR mandate or significantly or uniquely AGENCY: Environmental Protection affect small governments, as described Agency (EPA). FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You in the Unfunded Mandates Reform Act ACTION: Proposed rule. of 1995 (Pub. L. 104–4); may view the hard copy of the docket • Does not have federalism SUMMARY: The Environmental Protection Monday through Friday, 8:00 a.m. to implications as specified in Executive Agency (EPA) is proposing to approve 4:00 p.m., excluding federal holidays. Order 13132 (64 FR 43255, August 10, the Maintenance Plan, submitted by the FOR FURTHER INFORMATION CONTACT: 1999); State of Montana to the EPA on October James Hou, Air and Radiation Division, • Is not an economically significant 28, 2018, for the East Helena Lead (Pb) EPA, Region 8, Mailcode 8ARD–IO, regulatory action based on health or nonattainment area (East Helena NAA) 1595 Wynkoop Street, Denver, safety risks subject to Executive Order and concurrently redesignating the East Colorado, 80202–1129, (303) 312–6210, 13045 (62 FR 19885, April 23, 1997); Helena NAA to attainment of the 1978 [email protected].

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SUPPLEMENTARY INFORMATION: 107(d)(3)(E) of the CAA allows for Criteria (3)—Has the East Helena Pb Throughout this document wherever redesignation provided that: (1) The NAA met all the applicable ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Administrator determines that the area requirements under Section 110 and the EPA. has attained the applicable NAAQS; (2) Part D of the CAA? I. Background the Administrator has fully approved General SIP Requirements the applicable implementation plan for The East Helena NAA is in southern the area under section 110(k); (3) the General SIP elements and Lewis and Clark County, and is defined Administrator determines that the requirements are delineated in section 110(a)(2) of title I, part A of the CAA. as a rectangle that includes both the improvement in air quality is due to These requirements include, but are not community of East Helena and permanent and enforceable reductions limited to, the following: Submittal of a unincorporated portions of southern in emissions resulting from Lewis and Clark County. On November SIP that has been adopted by the state implementation of the applicable SIP 6, 1991 (56 FR 56694), the East Helena after reasonable public notice and and applicable Federal air pollutant area was designated as nonattainment hearing; provisions for establishment control regulations and other permanent for the 1978 Pb NAAQS (1.5 mg/m3). and operation of appropriate procedures and enforceable reductions; (4) the This designation was effective on needed to monitor ambient air quality; January 6, 1992 and required the State Administrator has fully approved a implementation of a source permit to submit a CAA, title I, part D Pb maintenance plan for the area as program; provisions for the nonattainment state implementation meeting the requirements of CAA implementation of part C requirements plan (SIP) by July 6, 1993. On August section 175A; and (5) the state (Prevention of Significant Deterioration 16, 1995, July 2, 1996 and October 20, containing such area has met all (PSD)) and provisions for the 1998 the Governor of Montana requirements applicable to the area for implementation of part D requirements submitted SIP revisions to meet the part purposes of redesignation under section (New Source Review (NSR) permit D SIP requirements. The control plan 110 and part D of title I of the CAA. programs); provisions for air pollution modeling; and provisions for public and submitted as part of the East Helena Pb III. Review of the Montana State attainment plan focused on limiting local agency participation in planning Submittal Addressing the Requirements and emission control rule development. emissions from the ASARCO lead for Redesignation and Limited smelter, which comprised the majority Maintenance Plans Title I, Part D—Applicable SIP of lead emissions in the NAA, as well Requirements as restricting emissions from the Criteria (1)—Has the East Helena NAA Subpart 1 of part D, found in sections American Chemet Copper Furnace. attained the applicable NAAQS? 172–176 of the CAA, sets forth the basic These emission reductions were further nonattainment requirements applicable assisted through the complete removal Under section 179(c)(1), the EPA has to all nonattainment areas. All areas that of lead in gasoline by 1995. the responsibility for determining On April 4, 2001, ASARCO shut whether a nonattainment area has were designated nonattainment for the down its lead smelter operations, attained the Pb NAAQS. The EPA must 1978 lead NAAQS were designated thereby eliminating 99.8 percent of all make an attainment determination as under Subpart 1 in accordance with the stationary source Pb emissions in the expeditiously as practicable, but no later deadlines in Subpart 5. For purposes of NAA. The facility’s three large smelter than 6 months after the attainment date evaluating this redesignation request, stacks were dismantled in August 2009. for the area. On June 18, 2001, the EPA the applicable Subpart 1 SIP On April 15, 2007, ASARCO’s Title V determined that the East Helena NAA requirements for all nonattainment areas permit expired, and ASARCO’s attained the 1978 Pb NAAQS (66 FR are contained in sections 172(c)(1)–(9) Montana Air Quality Permit was 32763). and in section 176. A thorough revoked in September 2013. The former discussion of the requirements ASARCO site is currently an active Criteria (2)—Does the East Helena NAA contained in sections 172 and 176 can Superfund site, with no development have a fully approved SIP under Section be found in the General Preamble for possible until cleanup has been 110(k) of the CAA? Implementation of title I. See 57 FR 13498 (April 16, 1992). completed. The EPA has approved the applicable On June 18, 2001 (66 FR 32760), the Montana SIP for the East Helena NAA Subpart 1, Section 172—Requirements EPA partially approved and partially under section 110(k) of the CAA for all Section 172 requires states with disapproved the State’s part D SIP requirements applicable for purposes of nonattainment areas to submit submittals, which satisfied the CAA’s redesignation. The EPA may rely on attainment plans providing for timely criteria for Pb nonattainment SIPs. In prior SIP approvals in approving a attainment and meeting a variety of the June 18, 2001 action, the EPA also redesignation request (see Calcagni other requirements. The EPA’s determined that the NAA had attained Memorandum 1 at p. 3) plus any longstanding interpretation of the the 1978 Pb NAAQS, based on air additional measures it may approve in nonattainment planning requirements of monitoring data through the calendar conjunction with a redesignation action. section 172 is that once an area is year 1999. The monitoring data used to attaining the NAAQS, those determine attainment of the NAAQS Following passage of the CAA of 1970, Montana has adopted and submitted, requirements are not ‘‘applicable’’ for included data while the ASARCO purposes of CAA section 107(d)(3)(E)(ii) facility was still operating. and the EPA has fully approved provisions addressing various SIP and therefore need not be approved into II. Requirements for Redesignation elements applicable for the 1978 lead the SIP before the EPA can redesignate the area. In the 1992 General Preamble CAA Requirements for Redesignation of NAAQS in the East Helena Pb NAA. See 66 FR 32760. for Implementation of Title I, the EPA Nonattainment Areas set forth its interpretation of applicable The CAA provides the requirements 1 September 4, 1992 memo from John Calcagni, requirements for purposes of evaluating for redesignating a nonattainment area entitled ‘‘Procedures for Processing Requests to redesignation requests when an area is to attainment. Specifically, section Redesignate Areas to Attainment.’’ attaining a standard. See 57 FR 13498,

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13564 (April 16, 1992). The EPA noted Section 172(c)(7) requires the SIP to manufacturing facility. The East Helena that the requirements for reasonable meet the applicable provisions of attainment plan contained Pb control further progress (RFP) and other section 110(a)(2). As noted above, the measures for these three sources, measures designed to provide for Montana SIP meets the requirements of needed to attain the NAAQS to satisfy attainment do not apply in evaluating section 110(a)(2) applicable for purposes the section 172(c) RACM requirement. redesignation requests because those of redesignation. The EPA approved these controls as nonattainment planning requirements Section 172(c)(8) allows a state to use RACM/reasonably available control ‘‘have no meaning’’ for an area that has equivalent modeling, emission technology (RACT) and incorporated already attained the standard. Id. This inventory, and planning procedures if them into the SIP, making them interpretation was also set forth in the such use is requested by the state and permanent and enforceable SIP Calcagni Memorandum. The EPA’s approved by the EPA. Montana has not measures to meet the requirement of the understanding of section 172 also forms requested the use of equivalent CAA and the 1978 NAAQS. See (66 FR the basis of its Clean Data Policy, which techniques under section 172(c)(8). 32760). On April 4, 2001, ASARCO shut suspends a state’s obligation to submit Section 176—Conformity Requirements most of the attainment planning down its lead smelter operations, requirements that would otherwise Section 176(c) of the CAA requires thereby eliminating the largest source of apply, including an attainment states to establish criteria and Pb emissions in the NAA. The facility’s demonstration and planning SIPs to procedures to ensure that federally three large smelter stacks were provide for RFP, reasonably available supported or funded projects conform to dismantled in August 2009. On April control measures (RACM), and the air quality planning goals in the 15, 2007, ASARCO’s Title V permit contingency measures under section applicable SIP. The requirement to expired, and the ASARCO Montana Air determine conformity applies to 172(c)(9). Quality Permit was revoked in transportation plans, programs, and As noted above, EPA already September 2013. With the removal of projects that are developed, funded, or ASARCO lead smelter emissions, more approved Montana’s attainment plan for approved under title 23 of the United the Area. See 66 FR 32760 (June 18, than 99.8 percent of the lead emissions States Code (U.S.C.) and the Federal from all stationary sources in the NAA 2001). Among other things, the Transit Act (transportation conformity) approved attainment plan satisfied the were permanently removed. as well as to all other federally On June 10, 2013, the State of section 172(c)(1) requirements for supported or funded projects (general Montana submitted a request to remove RACM; 172(c)(2) requirements related to conformity). State transportation stipulations limiting the allowable RFP; 172(c)(3) requirements for an conformity SIP revisions must be concentration of lead in raw feed at the emissions inventory; 172(c)(6); and consistent with Federal conformity American Chemet Corporation’s East 172(c)(9) requirements for contingency regulations relating to consultation, Helena facility. In order to approve the measures. enforcement, and enforceability that the SIP revision, the EPA requested that the Section 172(c)(4) requires the EPA promulgated pursuant to its Montana Department of Environmental identification and quantification of authority under the CAA. In light of the Quality (MDEQ) provide modeling to allowable emissions for major new and elimination of lead additives in demonstrate noninterference with the modified stationary sources to be gasoline, transportation conformity does attainment and maintenance of the Pb allowed in an area, and section 172(c)(5) not apply to the lead NAAQS. See 73 FR NAAQS and that the State finalize the requires source permits for the 66964 (November 12, 2008). revocation of ASARCO’s permit. The construction and operation of new and EPA subsequently approved the Criteria (4)—Has the State demonstrated modified major stationary sources requested SIP revision after the that the air quality improvement is due anywhere in the nonattainment area. revocation of ASARCO’s permit and to permanent and enforceable The 1990 CAA Amendments contained after modeling showed a Pb reductions? revisions to the NSR program concentration for the NAA of 0.14 requirements for the construction and For redesignating a nonattainment mg/m3. This modeled concentration is operation of new and modified major area to attainment, the CAA requires the an order of magnitude lower than the stationary sources located in EPA to determine that the air quality applicable 1978 Pb NAAQS (1.5 mg/m3). nonattainment areas. The CAA requires improvement in the area is due to See 83 FR 13196. Due to the closure of states to amend their SIPs to reflect permanent and enforceable reductions ASARCO, and based on recent modeling these revisions but does not require in emissions resulting from for the NAA, the EPA considers the Pb submittal of this element along with the implementation of the SIP, applicable emission reductions in the NAA to be other SIP elements. The CAA Federal air pollution control permanent and enforceable. established June 30, 1992, as the regulations, and other permanent and submittal date for the revised NSR enforceable reductions (CAA section Criteria (5)—Does the area have a fully programs (Section 189 of the CAA). 107(d)(3)(E)(iii)). The EPA has approved maintenance plan pursuant to Montana has a fully approved determined that Montana has Section 175A of the CAA? nonattainment NSR program, most demonstrated that the observed air For redesignating a nonattainment recently approved on July 18, 1995 (60 quality improvement in the East Helena area to attainment, the CAA requires the FR 36715) at Administrative Rules of NAA is due to permanent and EPA to determine that the area has a Montana (ARM) Subchapter 8. Montana enforceable reductions in emissions. fully approved maintenance plan also has a fully approved PSD program, In the EPA’s June 18, 2001 approval pursuant to section 175A of the CAA. most recently approved on July 18, 1995 of the State of Montana’s attainment See CAA section 107(d)(3)(E)(iv). In (60 FR 36715). Upon the effective date plan (66 FR 32760), three major sources conjunction with its request to of redesignation of an area from of Pb were identified in the East Helena redesignate the East Helena Pb NAA to nonattainment to attainment, the NAA: The ASARCO Smelter complex; attainment for the 1978 Pb NAAQS, requirements of the Part D NSR program re-entrained dust from the roads of East MDEQ submitted a SIP revision to will be replaced by the PSD program Helena; and the American Chemet provide for maintenance of the 1978 Pb and the maintenance area NSR program. Corporation’s copper oxide NAAQS for at least 10 years after the

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effective date of redesignation to maintenance plan update. The state locates within the East Helena NAA and attainment. The EPA believes that this demonstrates attainment of the standard the source modeling indicates that the maintenance plan meets the using the attainment inventory since it Pb impacts are greater than 75 percent requirements for approval under section is based on maximum permitted of the current NAAQS including 175A of the CAA. allowable emissions and Pb emissions background, the source will be required are not expected to increase over the Maintenance Plan Requirements to install appropriate Pb monitoring for maintenance period. As a result of the a period of no less than three years to Section 175A of the CAA sets forth closure of the major source of Pb assure that the current NAAQS are the elements of a maintenance plan for emissions in the NAA, current Pb adequately protected within the NAA. areas seeking redesignation from emissions in the Montana Maintenance Moreover, Montana’s PSD program nonattainment to attainment. Under Plan emission inventory represent less requires that permit applicants conduct section 175A, the plan must than 1 percent of the 1995 control plan preconstruction monitoring to identify demonstrate continued attainment of stationary source emissions. baseline concentrations. Notably, the the applicable NAAQS for at least 10 Further, on March 28, 2018, the EPA applicable NAAQS that a major Pb years after the Administrator approves a approved revisions to the East Helena source be evaluated against, would be redesignation to attainment. Eight years Pb portion of the Montana SIP, for the more stringent and current 2008 after the redesignation, the state must submitted on September 13, 2013, Pb NAAQS of 0.15 mg/m3 as opposed to submit a revised maintenance plan which relied on dispersion modeling. the 1978 NAAQS of 1.5 mg/m3. demonstrating that attainment will Dispersion modeling is a more continue to be maintained for the 10 sophisticated means of demonstrating Contingency Provisions years following the initial 10-year maintenance because it incorporates period. To address the possibility of meteorology, topography, and source The East Helena NAA Pb future NAAQS violations, the characteristics in addition to permitted Maintenance Plan includes the State’s maintenance plan must contain such allowable emissions rates. The EPA commitment to continue to implement contingency measures as the EPA deems reviewed the supplied modeling and enforce measures necessary to necessary to assure prompt correction of analysis and agreed that the maintain the Pb NAAQS. MDEQ’s any future 1978 lead violations. The methodology was done in accordance current operating permit program places Calcagni Memorandum provides further with 40 CFR part 51, Appendix W and limits on Pb emissions from existing guidance on the content of a the EPA’s ‘‘Guideline on Air Quality sources. Should an existing facility maintenance plan, explaining that a Models.’’ The AERMOD modeling (such as Chemet) want to upgrade or maintenance plan should address five analysis, conducted in accordance with increase Pb emissions, the facility requirements: the attainment emissions Appendix W and the Guideline on Air would be subject to the PSD program. inventory; maintenance demonstration; Quality Models, used the emission Should a new facility be constructed in monitoring; verification of continued limits in the SIP, located in Condition the East Helena maintenance area, the attainment; and a contingency plan. As II.A.4.b of the 1995 Board Order, of facility would also be subject to PSD as is discussed more fully below, the EPA 0.007 lb/hr and the results show a required in the Calcagni Memo. If these has preliminarily determined that concentration of 0.14 mg/m3 (which measures prove insufficient to protect Montana’s maintenance plan includes includes background against exceedances of the NAAQS, the all the necessary components and is concentrations).Therefore, East Helena State of Montana has also committed to thus proposing to approve it as a is below the Pb NAAQS threshold for adopt, submit as a SIP revision, and revision to the Montana SIP. the applicable 1978 Pb NAAQS of 1.5 implement expeditiously any and all mg/m3. The submitted modeling analysis measures needed to ensure maintenance Attainment Emission Inventory used background concentrations of lead of the NAAQS. The State of Montana submitted to the based off lead monitoring results that The Calcagni Memo emphasizes the EPA emissions inventories for the East were performed during the three importance of specific contingency Helena NAA as part of their attainment quarters immediately after the ASARCO measures, schedules for adoption, and plan that identified a level of emissions facility ceased operations in April of action levels to trigger implementation in the NAA that would be sufficient to 2001 (See 83 FR 1602). No significant of the contingency plan. Since there are attain the 1978 Pb NAAQS. As noted changes in modeling inputs have no major sources of Pb emissions above, the EPA approved the attainment occurred since the September 11, 2013 remaining in the NAA from the original plan and determined that the area had submittal and none are anticipated 1995 East Helena Pb Attainment SIP, attained the 1978 Pb NAAQS on June through the maintenance period. ambient Pb monitoring was 18, 2001 (66 FR 32760). The controlled Therefore, the EPA finds that Montana discontinued in 2001 when ASARCO emissions inventory for ASARCO and has demonstrated maintenance of the shut down and the State’s contingency American Chemet were 64.7 tons per 1978 Pb NAAQS. plan will focus on new sources or year (tpy) and 0.0615 tpy, respectively. Monitoring Network and Verification of modifications of existing permitted Maintenance Demonstration Continued Attainment sources, we conclude that the State’s commitment satisfactorily addresses the A state may generally demonstrate Following the EPA’s June 18, 2001 CAA provisions. maintenance of the 1.5 mg/m3 standard determination of attainment for the 1978 by either showing that future Pb Pb NAAQS for the East Helena NAA, Since there are neither significant Pb emissions will not exceed the level of and the permanent removal of Pb sources nor ambient Pb monitoring in the attainment inventory, or by emission in the area due to ASARCO’s the East Helena maintenance area, we modeling to show that the future mix of closure, MDEQ discontinued the agree with the State that any new source sources and emission rates will not operation of all Pb monitors in the NAA. planning to locate within the cause a violation of the 1978 Pb MDEQ has confirmed that the State maintenance area or existing source NAAQS. The demonstration should be commits to resume monitoring before proposing a significant increase in Pb for a period of ten years following the any major source of Pb commences to emissions would be subject to redesignation, e.g., until 2028 for the operate. If a new major source of Pb Montana’s SIP-approved major NSR and

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minor source permitting programs.2 not impose additional requirements Authority: 42 U.S.C. 7401 et seq. Thus, we find that MDEQ’s permitting beyond those imposed by state law. For Dated: July 11, 2019. program is sufficient to track future air that reason, this action: Gregory Sopkin, • Is not a ‘‘significant regulatory quality trends and to assure that the East Regional Administrator, EPA Region 8. Helena maintenance area will not action’’ subject to review by the Office [FR Doc. 2019–15107 Filed 7–16–19; 8:45 am] violate the NAAQS. If the State of Management and Budget under identifies the potential for a NAAQS Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P violation through the permitting October 4, 1993) and 13563 (76 FR 3821, process, the State would ascertain what January 21, 2011); ENVIRONMENTAL PROTECTION • Is not an Executive Order 13771 (82 measures would be needed to avoid the AGENCY violation. FR 9339, February 2, 2017) regulatory action because SIP approvals are 40 CFR Part 80 Has the State met transportation and exempted under Executive Order 12866; general conformity requirements? • Does not impose an information [EPA–HQ–OAR–2019–0136; FRL–9996–54– Section 176(c) of the CAA requires collection burden under the provisions OAR] states to establish criteria and of the Paperwork Reduction Act (44 RIN 2060–AU42 procedures to ensure that federally U.S.C. 3501 et seq.); supported or funded projects conform to • Is certified as not having a Renewable Fuel Standard Program: the air quality planning goals in the significant economic impact on a Standards for 2020 and Biomass- applicable SIP. The requirement to substantial number of small entities Based Diesel Volume for 2021, determine conformity applies to under the Regulatory Flexibility Act (5 Response to the Remand of the 2016 transportation plans, programs, and U.S.C. 601 et seq.); Standards, and Other Changes projects that are developed, funded, or • Does not contain any unfunded AGENCY: Environmental Protection approved under title 23 of the United mandate or significantly or uniquely Agency (EPA). States Code (U.S.C.) and the Federal affect small governments, as described Transit Act (transportation conformity) in the Unfunded Mandates Reform Act ACTION: Announcement of public as well as to all other federally of 1995 (Pub. L. 104–4); hearing. • Does not have Federalism supported or funded projects (general SUMMARY: The EPA is announcing a conformity). State transportation implications as specified in Executive public hearing to be held in Ypsilanti, conformity SIP revisions must be Order 13132 (64 FR 43255, August 10, MI on July 31, 2019 for the proposed consistent with Federal conformity 1999); rule ‘‘Renewable Fuel Standard • Is not an economically significant regulations relating to consultation, Program: Standards for 2020 and regulatory action based on health or enforcement, and enforceability that the Biomass-Based Diesel Volume for 2021, safety risks subject to Executive Order EPA promulgated pursuant to its Response to the Remand of the 2016 authority under the CAA. In light of the 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action Standards, and Other Changes.’’ This elimination of lead additives in proposed rule will be published gasoline, transportation conformity does subject to Executive Order 13211 (66 FR 28355, May 22, 2001); separately in the Federal Register. The not apply to the lead NAAQS. See 73 FR • pre-publication version of this proposal 66964 (November 12, 2008). Is not subject to requirements of section 12(d) of the National can be found at https://www.epa.gov/ IV. Proposed Action Technology Transfer and Advancement renewable-fuel-standard-program/ regulations-and-volume-standards- After review and analysis of Act of 1995 (15 U.S.C. 272 note) because under-renewable-fuel-standard. In the Montana’s submittal, the EPA is application of those requirements would separate notice of proposed rulemaking, proposing to take the following actions be inconsistent with the CAA; and • EPA has proposed amendments to the pursuant to section 110 of the CAA: Does not provide EPA with the renewable fuel standard program Redesignate the East Helena, Montana discretionary authority to address, as regulations that would establish annual Pb nonattainment area to attainment for appropriate, disproportionate human percentage standards for cellulosic the 1978 Pb NAAQS; and approve health or environmental effects, using biofuel, biomass-based diesel, advanced Montana’s October 28, 2018 SIP revision practicable and legally permissible biofuel, and renewable fuels that would for continued maintenance and methods, under Executive Order 12898 apply to all gasoline and diesel attainment of the 1978 Pb NAAQS in (59 FR 7629, February 16, 1994). produced in the U.S. or imported in the East Helena, Montana. In addition, the SIP is not approved to apply on any Indian reservation land year 2020. In addition, the separate V. Statutory and Executive Order or in any other area where EPA or an proposal includes a proposed biomass- Reviews Indian tribe has demonstrated that a based diesel applicable volume for Under the CAA, the Administrator is tribe has jurisdiction. In those areas of 2020, a response to the remand of the required to approve a SIP submission Indian country, the proposed rule does 2016 standard-setting rulemaking, and that complies with the provisions of the not have tribal implications and will not several regulatory changes to the Act and applicable Federal regulations. impose substantial direct costs on tribal Renewable Fuel Standard (RFS) 42 U.S.C. 7410(k); 40 CFR 52.02(a). governments or preempt tribal law as program including new pathways, Thus, in reviewing SIP submissions, the specified by Executive Order 13175 (65 flexibilities for regulated parties, and EPA’s role is to approve state choices, FR 67249, November 9, 2000). clarifications of existing regulations. DATES: The public hearing will be held provided that they meet the criteria of List of Subjects in 40 CFR Part 52 the CAA. Accordingly, this action on July 31, 2019 at the location noted merely proposes to approve state law as Environmental protection, Air below under ADDRESSES. The hearing meeting Federal requirements and does pollution control, Incorporation by will begin at 9:00 a.m. and end when all reference, Intergovernmental relations, parties present who wish to speak have 2 ARM Title 17, Chapter 8, Subchapters 7, 8, 9, Lead, Reporting and recordkeeping had an opportunity to do so. Parties and 10. requirements. wishing to testify at the hearing should

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notify the contact person listed under Fuel Standard (RFS) program, including or phone: 202–418–0530 or TTY: 202– FOR FURTHER INFORMATION CONTACT by the notice of proposed rulemaking, at 418–0432. July 25, 2019. Additional information the address given above. Please refer to For detailed instructions for regarding the hearing appears below the notice of proposed rulemaking for submitting comments and additional under SUPPLEMENTARY INFORMATION. detailed information on accessing information on the rulemaking process, ADDRESSES: The hearing will be held at information related to the proposal. see the SUPPLEMENTARY INFORMATION the following location: Ann Arbor Dated: July 3, 2019. section of this document. Marriott Ypsilanti at Eagle Crest, 1275 S. Christopher Grundler, FOR FURTHER INFORMATION CONTACT: Kate Huron St., Ypsilanti, MI 48197 (phone Director, Office of Transportation and Air Dumouchel, Wireline Competition number 734–487–2000). A complete set Quality, Office of Air and Radiation. Bureau, (202) 418–1839 or TTY: (202) of documents related to the proposal [FR Doc. 2019–15223 Filed 7–16–19; 8:45 am] 418–0484. will be available for public inspection BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: This is a through the Federal eRulemaking Portal: summary of the Commission’s Notice of http://www.regulations.gov, Docket ID Proposed Rulemaking (NPRM) in WC No. EPA–HQ–OAR–2019–0136. Docket No. 13–184; FCC 19–58, adopted FEDERAL COMMUNICATIONS Documents can also be viewed at the on June 28, 2019 and released on July COMMISSION EPA Docket Center, located at 1301 9, 2019. The full text of this document Constitution Avenue NW, Room 3334, 47 CFR Part 54 is available for public inspection during Washington, DC between 8:30 a.m. and regular business hours in the FCC 4:30 p.m., Monday through Friday, [WC Docket No. 13–184; FCC 19–58] Reference Center, Room CY–A257, 445 excluding legal holidays. 12th Street SW, Washington, DC 20554 FOR FURTHER INFORMATION CONTACT: Julia Modernizing the E-Rate Program for or at the following internet address: MacAllister, Office of Transportation Schools and Libraries https://www.fcc.gov/document/fcc- and Air Quality, Assessment and AGENCY: Federal Communications aims-speed-deployment-wi-fi-schools- Standards Division, Environmental Commission. and-libraries. Protection Agency, 2000 Traverwood ACTION: Drive, Ann Arbor, MI 48105; telephone Proposed rule. I. Introduction number: (734) 214–4131; Fax number: SUMMARY: In this document, the Federal 1. The Commission’s E-Rate program (734) 214–4816; Email address: RFS- Communications Commission is a vital source of support for [email protected]. (Commission) proposes to make connectivity to—and within—schools SUPPLEMENTARY INFORMATION: The permanent the category two budget and libraries. In particular, the E-Rate proposal for which EPA is holding the approach adopted in 2014 (the program provides funding for internal public hearing will be published ‘‘category two’’ budget approach connections, which are primarily used separately in the Federal Register. The consists of five-year budgets for schools for Wi-Fi, a technology that has enabled pre-publication version can be found at and libraries that provide a maximum schools and libraries to transition from https://www.epa.gov/renewable-fuel- amount of funding to support internal computer labs to one-to-one digital standard-program/regulations-and- connections needed for Wi-Fi within learning. Today, we propose to make volume-standards-under-renewable- school and library buildings). The permanent the approach adopted by the fuel-standard. Commission also seeks comment on Commission in 2014 to fund these Public hearing: The public hearing potential modifications that could internal connections. In so doing, we will provide interested parties the simplify the category two budget seek to ensure that our nation’s students opportunity to present data, views, or approach and decrease the and library patrons have access to high- arguments concerning the proposal administrative burden on schools and speed broadband and further the (which can be found at https:// libraries, as well as how to transition to Commission’s goal of bridging the www.epa.gov/renewable-fuel-standard- a permanent extension of the budget digital divide. program/regulations-and-volume- approach. 2. The 2014 approach, known as the standards-under-renewable-fuel- ‘‘category two’’ budget approach, standard). The EPA may ask clarifying DATES: Comments are due on or before consists of five-year budgets for schools questions during the oral presentations August 16, 2019 and reply comments and libraries that provide a set amount but will not respond to the are due on or before September 3, 2019. of funding to support internal presentations at that time. Written If you anticipate that you will be connections. The Commission also statements and supporting information submitting comments but find it established a five-year test period (from submitted during the comment period difficult to do so within the period of funding year 2015 to funding year 2019) will be considered with the same weight time allowed by this document, you to consider whether the category two as any oral comments and supporting should advise the contact listed below budget approach is effective in ensuring information presented at the public as soon as possible. greater access to E-Rate discounts for hearing. Written comments must be ADDRESSES: You may submit comments, internal connections. received by the last day of the comment identified by WC Docket No. 13–184, by 3. Our experience over the past few period, as specified in the notice of any of the following methods: years suggests that these budgets have proposed rulemaking. • Federal Communications resulted in a broader distribution of Commission’s Website: http:// funding that is more equitable and more How can I get copies of this document, apps.fcc.gov/ecfs/. Follow the predictable for schools and libraries. We the proposed rule, and other related instructions for submitting comments. also see clear improvements in the way information? • People with Disabilities: Contact the in which funding for internal The EPA has established a docket for FCC to request reasonable connections has been administered in this action under Docket ID No. EPA– accommodations (accessible format the five-year period since adoption of HQ–OAR–2019–0136. The EPA has also documents, sign language interpreters, the category two budget approach. developed a website for the Renewable CART, etc.) by email: [email protected] Therefore, we now propose to make the

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category two budget approach applicants, in comparison to the appears to be sufficient for most schools permanent and seek comment on distribution under the two-in-five rules and libraries with approximately half of potential modifications that could approach where funding schools and most libraries having used simplify the budgets, decrease the disproportionately went to urban less than half of their allocated five-year administrative burden of applying for schools. Category two support has been budget and a supermajority of schools category two services, and thereby disbursed in all fifty states and five and libraries having used less than 90% speed the deployment of Wi-Fi in territories and to applicants at all of their budgets. Based on this finding, schools and libraries across the country. discount levels. We seek comment on we propose maintaining the existing these and other findings in the Category budget multipliers for the category two II. Discussion Two Budget Report and on the proposal budget approach. Specifically, over a 4. With the category two budget rules to permanently extend the category two five-year funding cycle, schools would set to begin to expire for some budget approach. be eligible to receive up to $150 (pre- applicants at the end of funding year 7. We also seek comment on the costs discount) per student and libraries are 2019 and for all applicants at the end of and benefits associated with making eligible to receive up to $2.30 or $5.00 funding year 2023, we are faced with a permanent the category two budget (pre-discount) per square foot choice between continuing with the rules. Do the benefits of the category (depending on their Institute for category two budget approach or two budget approach outweigh the Museum and Library Services (IMLS) returning to the two-in-five rules. Given burdens associated with administering locale codes). Entities with low student our experience during the five-year test them? We also seek comment more population or small square footage period and the Bureau’s findings in the generally on the costs associated with would receive a budget floor of $9,200 Category Two Budget Report, we (1) the budgets overall and the appropriate over five funding years. We recognize propose amending our rules to make path forward. that student count, building age, permanent the category two budget 8. We propose extending several geography and other factors vary from approach for all applicants; (2) propose aspects of the current category two entity to entity, and as such, no budget and seek comment on ways to improve budget approach, including maintaining multiplier will perfectly fit the category the category two budget approach; and the eligibility of existing category two two budget needs for every school and (3) seek comment on how best to services and keeping the existing budget library in the country. Nevertheless, we transition from the five-year test period multipliers for schools and libraries. We expect that, on balance, maintaining the to a permanent extension of this also seek comment on other potential existing multipliers will fit the needs of approach. ways to improve the budget approach, the majority of applicants. 5. First and foremost, we propose to including moving to district-wide 11. We seek comment on this permanently extend the category two budgets and simplifying the budget proposal or, in the alternative, whether budget approach and avoid reverting calculations. Finally, we seek general to change these per-student or per- back to the two-in-five rules for all comment on ways to decrease the square foot budget multipliers, applicants. Doing so is consistent with burden of applying for category two particularly for entities that may have the Category Two Budget Report, which services and improve administration of participated at a lower rate or that may generally found that the category two category two budgets for both applicants face higher costs for internal budget approach has provided schools and USAC. connections. For instance, we seek and libraries with more certain and 9. Eligible Services. In 2014, the comment on whether the minimum equitable funding for internal Commission made managed internal budget floor should be increased and, if connections than under the two-in-five broadband services, caching, and basic so, what the appropriate budget floor rules. In addition, making permanent maintenance of internal connections level should be to address the needs of the category two budget approach is also eligible for category two support under smaller entities and increase their supported by the record received in the category two budget approach participation in the program. Would, for response to the September 2017 Public through funding year 2019. For each example, increasing the budget floor to Notice. We, therefore, seek comment on service, the Commission found that the $25,000 as some commenters suggested our proposal to make permanent the budgets allayed concerns about wasteful in response to the 2017 Public Notice be category two budget approach and on spending and provided applicants with a more appropriate budget floor? Based the Bureau’s overall findings in the greater flexibility to determine their on requests from funding years 2015 to Category Two Budget Report. own needs. Consistent with the 2018, schools with an enrollment of 190 6. In particular, the Category Two Commission’s determination in 2014 to students or more participate at an 80% Budget Report found that, under the make certain services eligible for rate, which corresponds to a pre- category two budget approach, category two support given the budgets’ discount budget of approximately applicants have had access to category ability to prevent excessive spending, $30,000, roughly three times the current two funding every year, and no requests we propose extending the eligibility of funding floor, compared with those at have been denied due to insufficient managed internal broadband services, the funding floor, which participate at a funding. By contrast, under the two-in- caching, and basic maintenance of 48% rate. Would raising the budget five rules approach, a small number of internal connections under the floor to correspond with schools that applicants exhausted available funding, permanent category two budget participate at a higher rate be an with most applicants receiving no approach we propose today. We seek appropriate budget floor level? funding. Additionally, 43% of schools comment on this proposal. Further, are 12. Similarly, we seek comment on and 23% of libraries each year now there additional services that we should whether to adjust the budget multipliers receive category two funding as make eligible for category two funding for entities that may experience higher compared to 10% of applicants under or any other issues regarding category costs due to their geographic location. the two-in-five rules. Moreover, the two eligible services we should For example, the current budget category two budget approach has consider? multipliers appear to disadvantage rural generally resulted in a more equitable 10. Budget Levels. In the Category libraries, leaving them with less than distribution of funding that better Two Budget Report, the Bureau found half the category two budget support per approximates the makeup of E-Rate that the category two budget approach square foot than their urban

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counterparts despite often smaller number of applicants that estimate during the five-year budget cycle? Are square footage. Should we maintain the student counts at new schools if the there other issues we should consider, increased budget multiplier for libraries number of students in the district is including any rules or procedures that in urban areas (i.e., $5.00 per square unchanged despite a new school being would need to be modified, under a foot), or should we set a higher budget built. Similarly, would a district-wide district-wide category two budget multiplier for rural libraries, which is budget calculation simplify the approach? currently $2.30 per square foot? application process by eliminating the 17. We also seek comment on whether Commenters should submit specific need for school districts to count part- the same approach is appropriate for data and models to support their time students given that they would library systems. In general, would arguments that additional funding is have the flexibility to allocate funding library systems benefit from a system- necessary, including the relative as they see fit? Moreover, a district-wide wide budget in the same way schools importance of any particular factors calculation should simplify the review might? Our rules also provide two such as rural or remote geography, of applications where there are shared budget multipliers for libraries (i.e., building age, or low student population. services by E-Rate eligible entities. $2.30 or $5.00 per square foot), For example, to the extent that entities Under the current approach, cost depending on the library’s IMLS locale in remote or Tribal areas or allocation between the budgets of the code. Would this require a modification communities face higher category two entities sharing the service is required, in order for all library outlets in a costs, we seek data to assist the adding to the applicant burden. Finally, system to share the same locale code? If Commission in determining the calculating budgets on a district-wide so, what is the best method for appropriate budget multipliers. basis would afford local entities that are determining the locale code for a 13. District-Wide or Library System- familiar with the needs of their schools system? Are there any other Wide Budget Calculations. We seek the opportunity to leverage that administrative issues to consider in comment on moving from a per-school knowledge in making determinations using a system-wide budget for or per-library budget to a per-district or about the efficient and effective libraries? per-system budget for category two allocation of E-Rate funds in fulfillment 18. Finally, if we move to district- services. In 2014, the Commission of the program’s objectives and goals. wide budgets, should we also consider adopted per-entity budgets, requiring We seek comment on each of these easing the equipment transfer rules districts to calculate budgets for each potential benefits and how they would within a district? With the move to school in the district based on the impact applicants. What are the other district-wide discounts and district- number of students in the school, and potential benefits that could be realized wide category two budgets, the original for library systems to calculate budgets in using district-wide budgets? concerns that led to the adoption of a for each of its library outlets based on 15. We also seek comment on the prohibition on equipment transfers for a the square footage of that outlet. costs of moving to district-wide budgets, period of three years after purchase— Stakeholders have consistently including with respect to the allocation namely, that applicants might replace or commented on the administrative and distribution of category two upgrade their equipment more often difficulties associated with managing funding. For instance, under a district- than necessary or to circumvent the these per-entity budgets. For instance, wide budget approach, there is a risk then-existent two-in-five rules—would many school districts have buildings of that fewer entities will receive category no longer be relevant. We note, at the different ages or construction materials, two E-Rate support if school districts same time, that under section 54.516(a) and therefore some entities end up with elect to request funding only for certain of the Commission’s rules, schools, too large of a budget, while others end schools. For example, in some states, libraries, and consortia are required to up with an insufficient budget. As such, charter schools are considered a part of maintain asset and inventory records of stakeholders have recommended a school district, while in others, they equipment purchased and the actual moving to a district-wide or library are independent from the district. For locations of such equipment for a period system-wide budget that is calculated charter school applicants that are of 10 years after purchase. using the total number of students in the subject to school district administration, 19. Budget Calculations. We seek district or all of the buildings in the are there risks that category two E-Rate comment on simplifying the budget library system. Under this approach, a support requested by the school district calculations generally. For example, district would calculate its category two will be unfairly distributed among the should the student count and square budget and then decide how and where schools in the district? We seek footage in the first year of a five-year category two E-Rate support should be comment on these risks and whether cycle be used for all five years to ease directed. any safeguards could be used to ensure administration of the budgets? The 14. There are several potential that funding is available for all eligible ability to obtain additional funding if benefits to this approach. First, as schools. there is a student population increase or commenters contended in response to 16. We also seek comment on how a new library building was designed to the 2017 Public Notice, moving to a district-wide budget approach should be provide flexibility, but applicants have district-wide calculation would administered. For example, how should raised concerns about the difficulty of streamline the application process for applicants and USAC determine which updating this information during the category two services from start to entities are part of a district for purposes application review process. Would finish, simplifying the budget of applying for and setting district-wide having a set pre-discount budget for five calculations, the FCC Form 471 category two budgets? In particular, years make the review process easier application, the PIA reviews of those some parochial schools and charter because applicants would only have to applications, and the FCC Form 500 schools apply as a group for purposes of verify this information once? Or are cancellation process. Such a calculation calculating a district-wide discount rate there significant advantages to having could also simplify some of the more under the Commission’s rules. Should the budgets rise (or fall) depending on complicated issues that applicants face we consider using a similar approach student population or square footage when seeking E-Rate support. For when setting district-wide budgets for each year? If so, are there other ways to example, a district-wide budget these entities? Further, what would ease the review process for verifying calculation could largely eliminate the happen if districts combine or separate student counts and square footage if we

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keep entity-level budgets on an annual year 2016, the school’s budget would be wasteful spending at the end of a fixed basis? Should we establish a $151,500, minus the pre-discount cycle by requesting funds solely because presumption that the student counts amount of any funding received in the funds are scheduled to expire? What verified in one of the last four funding funding year 2015. In funding year are the other costs and benefits of years are still accurate for the purposes 2017, the budget would be $153,469.50, rolling and fixed budget cycles? We seek of setting a category two budget, absent minus the pre-discount amount of any comment on these approaches and any an effort by the applicant to increase the funding received in funding years 2015 alternatives. student count? Such a presumption and 2016, and so forth through funding 25. If we were to use a rolling budget could result in waste of funding if a year 2019. If not for the five-year test approach, should we consider school’s student population dropped period established in the 2014 Second modifying the rolling budgets to smooth significantly, for example, due to E-Rate Order, 80 FR 5961 (February 4, the amount of support available over a migration of students to a new school. 2015), in funding year 2020, the school’s five-year cycle by providing some How could such an outcome be avoided budget would be the student count funding each funding year? For if we were to adopt such a presumption? multiplied by the funding year 2020 instance, should we consider a system 20. Similarly, we propose to codify budget multiplier, minus the pre- where an additional 20% is added to the rounding the inflation calculation to discount amount of any funding applicant budget each year while still two decimals for the category two received in funding years 2016, 2017, having a maximum budgeted amount multipliers in funding year 2020. This 2018, and 2019; funding received in that can be spent each year? Continuing approach will simplify the calculation funding year 2015 would not count with the illustration above of a school for USAC and applicants and is against the school’s budget in funding with 1,000 students, in the first year the consistent with other Commission rules year 2020. In this manner, the budgets school received funding, its budget that establish rounding. We seek were designed to be rolling, and an would be $150,000. In the following comment on this proposal. Recognizing applicant could determine its budget by year, the school’s budget would be that applicants do not always know the looking to its current student count, the $151,500, minus the pre-discount inflation adjustment before the filing current inflation-adjusted per-student amount of any funding received in the window, we also seek comment on budget multiplier, and the amount of prior funding year, plus $30,300, which whether there is a better way to adjust funding received in the prior four is 20% of the school’s $151,500 budget. for inflation, such as adjusting the funding years. The goal of this rolling Under this additive approach, a school budgets just once every five years. approach is to provide applicants with would be able to roll unused funding 21. Application and Administration. greater certainty about whether funding from year to year; however, applicants We also seek comment on other ways to would be available after the end of a would not be permitted to request more make the application process for five-year budget cycle and thus prevent than $150 per student (adjusted for category two services and the unnecessary spikes in spending in the inflation) in any given funding year. administration of category two budgets last year of such a cycle. This approach would both allow simpler and more efficient. What 23. The five-year test period adopted applicants to either seek funding each administrative changes would have the in 2014, however, makes it such that no year or carry the budget forward to the greatest impact on applicants and applicant is able to request funding in next year, and ensure that applicants USAC? For example, we seek comment a sixth year under the category two always have access to at least some on whether there are ways to simplify budget approach, and thus although the funding in every year. Because student how applicants request category two budgets were designed to be rolling, in counts can fluctuate, an applicant that services on the FCC Form 471 and on practice they are not. We seek comment sees a large decline in student whether the Commission should on using rolling budgets as originally population in one funding year could provide guidance on using master intended. Under this approach, in have a much smaller category two contracts for category two services. funding year 2020, applicants would budget than previously anticipated. Additionally, are there changes to the calculate their five-year budgets based Using this additive approach of FCC Form 500 cancellation process that on their student counts, inflation- providing some portion of funding to would simplify the category two budget adjusted per-student budget multipliers, the school each funding year could process? and any funding committed in in smooth that fluctuation. However, it 22. We seek comment on the five-year funding years 2016, 2017, 2018, and could make tracking budgets more budget cycles and how best to transition 2019 (but not funding year 2015). What challenging. Specifically, under the from the existing category two budget are the other benefits of this rolling current system, applicants calculate rules following the five-year test period. approach? What are the costs of this budgets using three variables (i.e., their The category two budget rules currently approach? For example, is it current student count, the inflation- contemplate rolling budgets; that is, administratively burdensome to adjusted per-student budget multiplier, each year applicants calculate the pre- calculate budgets in this way? and the amount of funding received in discount budget based on the current 24. As an alternative to a rolling five- the prior four funding years) while funding year student counts and budget year cycle approach, we seek comment applicants would have to track the multipliers, and then subtract the pre- on moving to a fixed five-year cycle added 20% each year, adding a fourth discount amounts on the commitments from funding year 2020 through funding variable to their calculations each year. received in the prior four funding years. year 2024, with a new fixed five-year We seek comment on this additive For instance, assume a hypothetical budget starting for all applicants every approach, its costs and benefits, and any school with 1,000 students that first five years. Would a fixed five-year cycle alternatives to smooth out the amount of received category two funding in be a more efficient and/or an easier-to- support available under a rolling five- funding year 2015; its budget in funding administer system than a rolling five- year budget approach while minimizing year 2015 would be $150,000. If there is year cycle approach? How can administrative burdens on applicants no change in student count, in funding applicants be incentivized to avoid and USAC.

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26. Further, we seek comment on how provide for simplified administration of eliminate confusion over how to apply to transition from the existing category the category two budgets as we move for category two services which provide two budget rules to any modified beyond funding year 2019? We seek connectivity within schools and category two budget rules. As described comment on other alternatives that libraries and include internal above, if we simply extend the current would afford a smooth and effective connections, basic maintenance of rules, in funding year 2020, an transition to the category two rules we internal connections, and managed applicant’s budget calculation would adopt in the context of this proceeding. internal broadband services. We seek take into account funding requested in III. Procedural Matters comment on our proposals as well as funding years 2016 through 2019. For comments on other ways to lessen the administrative efficiency, however, we 28. Initial Regulatory Flexibility administrative burden on participating seek comment on starting fresh in Analysis. As required by the Regulatory schools and libraries within the funding year 2020 and resetting all Flexibility Act of 1980, as amended framework of the category two budget applicant budgets, to allow applicants a (RFA), the Commission has prepared approach. new opportunity to track their category this Initial Regulatory Flexibility 31. The proposed action is authorized two budgets and ease the transition’s Analysis (IRFA) of the possible pursuant to sections 1 through 4, 201– impact on all E-Rate program significant economic impact on a 205, 254, 303(r), and 403 of the stakeholders. We recognize, however, substantial number of small entities by Communications Act of 1934, as that some applicants have not requested the policies and rules proposed in this amended by the Telecommunications all of their category two budgets from Notice of Proposed Rulemaking (NPRM). Act of 1996, 47 U.S.C. 151 through 154, funding year 2015 through 2019, while Written comments are requested on this 201 through 205, 254, 303(r), and 403. IRFA. Comments must be identified as others will have used all of their 32. The RFA directs agencies to responses to the IRFA and must be filed budgets for those years. We, therefore, provide a description of and, where by the deadlines for comments on the also seek comment on whether there is feasible, an estimate of the number of NPRM. The Commission will send a an administratively feasible way to take small entities that may be affected by copy of the NPRM, including this IRFA, previous category two funding the proposed rules, if adopted. The RFA to the Chief Counsel for Advocacy of the commitments into account when generally defines the term ‘‘small Small Business Administration (SBA). transitioning all applicants in funding entity’’ as having the same meaning as In addition, the NPRM and IRFA (or year 2020. the terms ‘‘small business,’’ ‘‘small summaries thereof) will be published in 27. Alternatively, depending on the the Federal Register. organization,’’ and ‘‘small governmental timing of the new rules and the extent 29. The Commission is required by jurisdiction.’’ In addition, the term of the changes, should we consider Section 254 of the Communications Act ‘‘small business’’ has the same meaning using funding year 2020 as a bridge to of 1934, as amended, to promulgate as the term ‘‘small business concern’’ transition to the final rules we adopt in rules to implement the universal service under the Small Business Act. A small this proceeding? For example, should provisions of Section 254. On May 8, business concern is one that: (1) Is we consider extending the existing rules 1997, the Commission adopted rules to independently owned and operated; (2) for one funding year without any reform its system of universal service is not dominant in its field of operation; modifications? This approach could support mechanisms so that universal and (3) satisfies any additional criteria allow applicants that received support service is preserved and advanced as established by the Small Business in funding year 2015 and have markets move toward competition. Administration (SBA). completed the five-year cycle, or Specifically, under the schools and 33. Small Businesses, Small applicants still within their five-year libraries universal service support Organizations, Small Governmental cycles with funds remaining in their mechanism, also known as the E-Rate Jurisdictions. Our actions, over time, budgets, to request support and allow program, eligible schools, libraries, and may affect small entities that are not for a smoother transition to the new consortia that include eligible schools easily categorized at present. We rules. Should we permit applicants who and libraries may receive discounts for therefore describe here, at the outset, have completed a five-year cycle to eligible telecommunications services, three broad groups of small entities that nevertheless access any unused funds in internet access, and internal could be directly affected herein. First, funding year 2020, in what would be a connections. while there are industry specific size sixth year? Similarly, should any 30. Taking steps to close the digital standards for small businesses that are particular restrictions apply to divide is a top priority for the used in the regulatory flexibility applicants that did not receive category Commission. The E-Rate program analysis, according to data from the two support in funding year 2015 provides a vital source of support to SBA’s Office of Advocacy, in general a through 2019? Should we further schools and libraries, ensuring that small business is an independent provide some additional category two students and library patrons across the business having fewer than 500 support to the existing five-year nation have access to high-speed employees. These types of small budgets, for example, $30 per student or broadband and essential businesses represent 99.9% of all 20% of the library budget of $2.30 or communications services. The rules we businesses in the United States which $5.00? Commenters supporting this propose in the NPRM seek to make translates to 28.8 million businesses. alternative are encouraged to also permanent the category two budget 34. Next, the type of small entity address what category two funding approach for all E-Rate applicants described as a ‘‘small organization’’ is opportunities, if any, should be made beyond funding year 2019. We seek generally ‘‘any not-for-profit enterprise for those E-Rate eligible entities who comment in the NPRM on streamlining which is independently owned and have already depleted their respective and simplifying the administration of operated and is not dominant in its category two budgets. Or should we the E-Rate program for applicants, field.’’ Nationwide, as of August 2016, consider having a second, later filing service providers, and the Universal there were approximately 356,494 small window for category two service Service Administrative Company. In organizations based on registration and requests in funding year 2020? How can addition, the rules that we propose or tax data filed by nonprofits with the we best reduce applicant confusion and seek comment on in the NPRM would Internal Revenue Service (IRS).

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35. Finally, the small entity described funding under the schools and libraries year. Of that number, 3,083 operated as a ‘‘small governmental jurisdiction’’ universal service mechanism. Although with fewer than 1,000 employees. is defined generally as ‘‘governments of we are unable to estimate with precision According to internally developed cities, counties, towns, townships, the number of these entities that would Commission data, 359 companies villages, school districts, or special qualify as small entities under SBA’s reported that that their primary districts, with a population of less than size standard, we estimate that fewer telecommunications service activity was fifty thousand.’’ U.S. Census Bureau than 104,500 schools and 11,490 the provision of interexchange services. data from the 2012 Census of libraries might be affected annually by Of this total, an estimated 317 have Governments indicate that there were our action, under current operation of 1,500 or fewer employees. 90,056 local governmental jurisdictions the program. Consequently, the Commission consisting of general purpose 37. Incumbent Local Exchange estimates that the majority of governments and special purpose Carriers (LECs). Neither the Commission interexchange service providers are governments in the United States. Of nor the SBA has developed a size small entities. this number there were 37,132 General standard for small incumbent local 40. Competitive Access Providers purpose governments (county, exchange carriers. The closest (CAPs). Neither the Commission nor the municipal and town or township) with applicable NAICS Code category is SBA has developed a definition of small populations of less than 50,000 and Wired Telecommunications Carriers. entities specifically applicable to CAPs. 12,184 Special purpose governments Under the applicable SBA size standard, The closest applicable definition under (independent school districts and such a business is small if it has 1,500 the SBA rules is for Wired special districts) with populations of or fewer employees. U.S. Census Bureau Telecommunications Carriers. Under less than 50,000. The 2012 U.S. Census data for 2012 indicate that 3,117 firms the SBA size standard, a Wired Bureau data for most types of operated the entire year. Of this total, Telecommunications Carrier is a small governments in the local government 3,083 operated with fewer than 1,000 entity if it employs no more than 1,500 category show that the majority of these employees. Consequently, the employees. U.S. Census Bureau data for governments have populations of less Commission estimates that most 2012 show that 3,117 firms operated than 50,000. Based on this data we providers of incumbent local exchange during that year. Of that number, 3,083 estimate that at least 49,316 local service are small businesses that may be operated with fewer than 1,000 government jurisdictions fall in the affected by our actions. According to employees. According to Commission category of ‘‘small governmental Commission data, one thousand three data, 1,442 CAPs and competitive local jurisdictions.’’ hundred and seven (1,307) Incumbent exchange carriers (competitive LECs) Local Exchange Carriers reported that reported that they were engaged in the 36. As noted, a ‘‘small entity’’ they were incumbent local exchange provision of competitive local exchange includes non-profit and small services. Of this total 1,307 an estimated services. Of these 1,442 CAPs and government entities. Under the schools 1,006 have 1,500 or fewer employees competitive LECs, an estimated 1,256 and libraries universal service support and 301 have more than 1,500 have 1,500 or fewer employees and 186 mechanism, which provides support for employees. Thus, using the SBA’s size have more than 1,500 employees. elementary and secondary schools and standard the majority of incumbent Consequently, the Commission libraries, an elementary school is LECs can be considered small entities. estimates that most providers of generally ‘‘a non-profit institutional day 38. We have included small competitive exchange services are small or residential school that provides incumbent LECs in this RFA analysis. A businesses. elementary education, as determined ‘‘small business’’ under the RFA is one 41. Wireless Telecommunications under state law.’’ A secondary school is that, inter alia, meets the pertinent Carriers (except Satellite). This industry generally defined as ‘‘a non-profit small business size standard (e.g., a comprises establishments engaged in institutional day or residential school telephone communications business operating and maintaining switching that provides secondary education, as having 1,500 or fewer employees), and and transmission facilities to provide determined under state law,’’ and not ‘‘is not dominant in its field of communications via the airwaves. offering education beyond grade 12. A operation.’’ The SBA’s Office of Establishments in this industry have library includes ‘‘(1) a public library, (2) Advocacy contends that, for RFA spectrum licenses and provide services a public elementary school or secondary purposes, small incumbent LECs are not using that spectrum, such as cellular school library, (3) an academic library, dominant in their field of operation services, paging services, wireless (4) a research library, and (5) a private because any such dominance is not internet access, and wireless video library, but only if the state in which ‘‘national’’ in scope. We have, therefore, services. The appropriate size standard such private library is located included small incumbent carriers in under SBA rules is that such a business determines that the library should be this RFA analysis, although we is small if it has 1,500 or fewer considered a library for the purposes of emphasize that this RFA action has no employees. For this industry, U.S. this definition.’’ For-profit schools and effect on the Commission’s analyses and Census Bureau data for 2012 show that libraries, and schools and libraries with determinations in other, non-RFA there were 967 firms that operated for endowments in excess of $50,000,000, contexts. the entire year. Of this total, 955 firms are not eligible to receive discounts 39. Interexchange Carriers (IXCs). had employment of 999 or fewer under the program, nor are libraries Neither the Commission nor the SBA employees and 12 had employment of whose budgets are not completely has developed a definition of small 1000 employees or more. Thus, under separate from any schools. Certain other entities specifically applicable to IXCs. this category and the associated size statutory definitions apply as well. The The closest NAICS Code category is standard, the Commission estimates that SBA has defined for-profit, elementary Wired Telecommunications Carriers. the majority of wireless and secondary schools and libraries The applicable size standard under SBA telecommunications carriers (except having $6 million or less in annual rules is that such a business is small if satellite) are small entities. receipts as small entities. In funding it has 1,500 or fewer employees. U.S. 42. Wireless Telephony. Wireless year 2017, approximately 104,500 Census Bureau data for 2012 indicate telephony includes cellular, personal schools and 11,490 libraries received that 3,117 firms operated for the entire communications services, and

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specialized mobile radio telephony 2012 shows that there were 1,442 firms standard, the majority of firms can be carriers. The closest applicable SBA that operated for the entire year. Of considered small. category is Wireless these firms, a total of 1,400 had gross 47. Radio and Television Telecommunications Carriers (except annual receipts of less than $25 million. Broadcasting and Wireless Satellite). Under the SBA small business Consequently, under this size standard Communications Equipment size standard, a business is small if it a majority of firms in this industry can Manufacturing. This industry comprises has 1,500 or fewer employees. For this be considered small. establishments primarily engaged in industry, U.S. Census Bureau data for 45. Vendors of Infrastructure manufacturing radio and television 2012 show that there were 967 firms Development or ‘‘Network Buildout.’’ broadcast and wireless communications that operated for the entire year. Of this The Commission has not developed a equipment. Examples of products made total, 955 firms had fewer than 1,000 small business size standard specifically by these establishments are: employees and 12 firms had 1,000 directed toward manufacturers of Transmitting and receiving antennas, employees or more. Thus, under this network facilities. There are two cable television equipment, GPS category and the associated size applicable SBA categories in which equipment, pagers, cellular phones, standard, the Commission estimates that manufacturers of network facilities mobile communications equipment, and a majority of these entities can be could fall and each have different size radio and television studio and considered small. According to standards under the SBA rules. The broadcasting equipment. The SBA has Commission data, 413 carriers reported SBA categories are ‘‘Radio and established a small business size that they were engaged in wireless Television Broadcasting and Wireless standard for this industry of 1,250 telephony. Of these, an estimated 261 Communications Equipment’’ with a employees or less. U.S. Census Bureau have 1,500 or fewer employees and 152 size standard of 1,250 employees or less data for 2012 show that 841 have more than 1,500 employees. and ‘‘Other Communications Equipment establishments operated in this industry Therefore, more than half of these Manufacturing’’ with a size standard of in that year. Of that number, 828 entities can be considered small. 750 employees or less.’’ U.S. Census establishments operated with fewer than 43. Internet Service Providers Bureau data for 2012 show that for 1,000 employees, 7 establishments (Broadband). Broadband internet Radio and Television Broadcasting and operated with between 1,000 and 2,499 service providers include wired (e.g., Wireless Communications Equipment employees and 6 establishments cable, DSL) and VoIP service providers firms 841 establishments operated for operated with 2,500 or more employees. Based on this data, we conclude that a using their own operated wired the entire year. Of that number, 828 telecommunications infrastructure fall majority of manufacturers in this establishments operated with fewer than in the category of Wired industry are small. 1,000 employees, 7 establishments Telecommunication Carriers. Wired 48. The proposals under operated with between 1,000 and 2,499 Telecommunications Carriers are consideration in the NPRM, if adopted, employees and 6 establishments comprised of establishments primarily may result in new and/or modified operated with 2,500 or more employees. engaged in operating and/or providing reporting, recordkeeping and other For Other Communications Equipment access to transmission facilities and compliance requirements for both small Manufacturing, U.S. Census Bureau data infrastructure that they own and/or and large entities. At this time, the for 2012 shows that 383 establishments lease for the transmission of voice, data, Commission cannot quantify the cost of operated for the year. Of that number text, sound, and video using wired compliance with the potential rule telecommunications networks. 379 operated with fewer than 500 changes in the NPRM, but we anticipate Transmission facilities may be based on employees and 4 had 500 to 999 that the result of any rule changes will a single technology or a combination of employees. Based on this data, we produce requirements that are equal to technologies. The SBA size standard for conclude that the majority of Vendors of or less than existing requirements, and this category classifies a business as Infrastructure Development or ‘‘Network we do not believe small entities will small if it has 1,500 or fewer employees. Buildout’’ are small. have to hire attorneys, engineers, U.S. Census Bureau data for 2012 show 46. Telephone Apparatus consultants, or other professionals in that there were 3,117 firms that operated Manufacturing. This industry comprises order to comply. Moving from a per- that year. Of this total, 3,083 operated establishments primarily engaged in school or per-library budget to a per- with fewer than 1,000 employees. manufacturing wire telephone and data district or per-system budget for Consequently, under this size standard communications equipment. These category two services, for example, the majority of firms in this industry can products may be standalone or board- would streamline the application be considered small. level components of a larger system. process for category two services from 44. Internet Service Providers (Non- Examples of products made by these start to finish, simplifying the Broadband). Internet access service establishments are central office calculation, the FCC Form 471 providers such as Dial-up internet switching equipment, cordless application, Program Integrity service providers, VoIP service telephones (except cellular), PBX Assurance (PIA) reviews, and the FCC providers using client-supplied equipment, telephones, telephone Form 500 cancellation process. telecommunications connections and answering machines, LAN modems, Moreover, adopting this approach may internet service providers using client- multi-user modems, and other data also simplify some of the more supplied telecommunications communications equipment, such as complicated issues that applicants face connections (e.g., dial-up ISPs) fall in bridges, routers, and gateways.’’ The when seeking E-Rate support. the category of All Other SBA size standard for Telephone Additionally, to find other ways to Telecommunications. The SBA has Apparatus Manufacturing is all such reduce any administrative processes developed a small business size firms having 1,250 or fewer employees. which could impact compliance costs, standard for All Other U.S. Census Bureau data for 2012 show we have sought comment on how the Telecommunications which consists of that there were 266 establishments that application process for category two all such firms with gross annual receipts operated for the entire year. Of this services can be made simpler and more of $32.5 million or less. For this total, 262 operated with fewer than efficient. Regarding our proposal to category, U.S. Census Bureau data for 1,000 employees. Thus, under this size amend our rules to make permanent the

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category two budget approach beyond the review of comments filed in electronic comment filing system funding year 2019 in five-year funding response to the NPRM. available for that proceeding, and must cycle increments, we have sought 51. Federal Rules that May Duplicate, be filed in their native format (e.g., .doc, comment on whether the benefits Overlap, or Conflict with the Proposed .xml, .ppt, searchable .pdf). Participants associated with making permanent the Rules. None. in this proceeding should familiarize category two budget rules outweigh the 52. Paperwork Reduction Act. The themselves with the Commission’s ex cost of compliance associated with NPRM may result in revised information parte rules. collection requirements. If the administering them. 54. Filing Procedures. Pursuant to Commission adopts any revised 49. The RFA requires an agency to sections 1.415 and 1.419 of the information collection requirement, the describe any significant, specifically Commission’s rules, 47 CFR 1.415, Commission will publish a notice in the small business, alternatives that it has 1.419, interested parties may file Federal Register inviting the public to considered in reaching its proposed comments and reply comments on or comment on the requirement, as approach, which may include the before the dates indicated on the first following four alternatives (among required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 page of this document. Comments and others): ‘‘(1) the establishment of reply comments may be filed using the differing compliance or reporting U.S.C. 3501–3520). In addition, pursuant to the Small Business Commission’s Electronic Comment requirements or timetables that take into Filing System (ECFS). See Electronic account the resources available to small Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4), Filing of Documents in Rulemaking entities; (2) the clarification, Proceedings, 63 FR 24121 (1998). consolidation, or simplification of the Commission seeks specific comment • Electronic Filers: Comments may be compliance and reporting requirements on how it might ‘‘further reduce the information collection burden for small filed electronically using the internet by under the rule for such small entities; business concerns with fewer than 25 accessing the ECFS: http://apps.fcc.gov/ (3) the use of performance rather than employees.’’ ecfs/. design standards; and (4) an exemption 53. Ex Parte Rules. This proceeding • Paper Filers: Parties who choose to from coverage of the rule, or any part shall be treated as a ‘‘permit-but- thereof, for such small entities.’’ file by paper must file an original and disclose’’ proceeding in accordance one copy of each filing. 50. In the NPRM, we have taken steps with the Commission’s ex parte rules. to minimize the economic impact on Persons making ex parte presentations If more than one docket or rulemaking small entities with the rule changes that must file a copy of any written number appears in the caption of this we have proposed. Under the current E- presentation or a memorandum proceeding, filers must submit two Rate program, the category two budget summarizing any oral presentation additional copies for each additional rules will begin to sunset in funding within two business days after the docket or rulemaking number. Filings year 2020. Absent a rule change, presentation (unless a different deadline can be sent by hand or messenger applicants seeking category two services applicable to the Sunshine period delivery, by commercial overnight will have to navigate two sets of rules applies). Persons making oral ex parte courier, or by first-class or overnight until funding year 2024. We have presentations are reminded that U.S. Postal Service mail. All filings therefore proposed amending the rules memoranda summarizing the must be addressed to the Commission’s to make permanent the category two presentation must (1) list all persons Secretary, Office of the Secretary, budget approach for all applicants attending or otherwise participating in Federal Communications Commission. beyond funding year 2019, which, if the meeting at which the ex parte • All hand-delivered or messenger- adopted, will remove the burden and presentation was made, and (2) delivered paper filings for the the cost to small entities of having to summarize all data presented and Commission’s Secretary must be navigate and comply with two different arguments made during the delivered to FCC Headquarters at 445 sets of rules. This proposal will also presentation. If the presentation 12th St. SW, Room TW–A325, lessen the reporting requirements on consisted in whole or in part of the Washington, DC 20554. The filing hours small entities thereby lessening their presentation of data or arguments are 8:00 a.m. to 7:00 p.m. All hand administrative costs for report already reflected in the presenter’s deliveries must be held together with preparation. To further reduce the written comments, memoranda, or other rubber bands or fasteners. Any reporting and administrative filings in the proceeding, the presenter envelopes and boxes must be disposed requirements for small entities, we seek may provide citations to such data or of before entering the building. comment on moving to a district-wide arguments in his or her prior comments, • Commercial overnight mail (other or system-wide budget, rather than a memoranda, or other filings (specifying than U.S. Postal Service Express Mail school entity or library entity budget. the relevant page and/or paragraph and Priority Mail) must be sent to 9050 We anticipate that permitting school numbers where such data or arguments Junction Drive, Annapolis Junction, MD districts and library systems to calculate can be found) in lieu of summarizing 20701. a district-wide budget, rather than them in the memorandum. Documents • maintaining records and allocating costs shown or given to Commission staff U.S. Postal Service first-class, between budgets for each school and during ex parte meetings are deemed to Express, and Priority mail must be library, may simplify the current be written ex parte presentations and addressed to 445 12th Street SW, application process by reducing the must be filed consistent with rule Washington, DC 20554. number of applications filed, reducing 1.1206(b). In proceedings governed by 55. People with Disabilities: To the paperwork burden for reporting rule 1.49(f) or for which the request materials in accessible formats student counts, and reducing the Commission has made available a for people with disabilities (braille, complexity of the budgets overall. The method of electronic filing, written ex large print, electronic files, audio Commission expects to more fully parte presentations and memoranda format), send an email to [email protected] consider ways to minimize the summarizing oral ex parte or call the Consumer & Governmental economic impact and explore presentations, and all attachments Affairs Bureau at 202–418–0530 (voice), alternatives for small entities following thereto, must be filed through the 202–418–0432 (tty).

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IV. Ordering Clauses two support committed prior to funding foot (adjusted for inflation since funding 56. Accordingly, it is ordered that, year 2020, each school or library shall year 2015) over a five-year funding pursuant to the authority found in be eligible for the total available budget cycle. Applicants shall provide the total sections 1 through 4, 201–202, 254, and less the pre-discount amount of category area for all floors, in square feet, of each 303(r) of the Communications Act of two services commitments in the prior library outlet separately, including all 1934, as amended, 47 U.S.C. 151 four funding years. The category two areas enclosed by the outer walls of the through 154, 201 through 202, 254, and budget levels and the funding floor shall library outlet and occupied by the 303(r), this Notice of Proposed be adjusted for inflation annually in library, including those areas off-limits Rulemaking is adopted. accordance with § 54.507(a)(2). to the public. 57. It is further ordered that the Beginning in funding year 2020, the (4) Funding floor. Each eligible school Commission’s Consumer and dollar amount shall be rounded to two and library will be eligible for support Governmental Affairs Bureau, Reference decimal points. The increase shall be for category two services up to at least Information Center, shall send a copy of rounded to the nearest 0.01 by rounding a pre-discount price of $9,200 (adjusted this Notice of Proposed Rulemaking, 0.005 and above to the next higher 0.01 for inflation since funding year 2015) including the Initial Regulatory and otherwise rounding to the next over a five-year funding cycle. lower 0.01. Flexibility Analysis, to the Chief (5) Requests. Applicants shall request (2) School budget. Each eligible Counsel for Advocacy of the Small support for category two services for school shall be eligible for support for Business Administration. each school or library based on the category two services up to a pre- Federal Communications Commission. number of students per school building discount price of $150 per student or square footage per library building. Marlene Dortch, (adjusted for inflation since funding Category two funding for a school or Secretary. year 2015) over a five-year funding library may not be used for another cycle. Applicants shall calculate the Proposed Rule school or library. If an applicant student count per district at the time the For the reason discussed in the requests less than the maximum discount is calculated each funding preamble, the Federal Communications budgeted category two support available year. New schools may estimate the Commission proposes to amend 47 CFR for a school or library, the applicant number of students but shall repay any part 54 as follows: may request the remaining balance in a support provided in excess of the school’s or library’s category two budget maximum budget based on student PART 54—UNIVERSAL SERVICE in subsequent funding years of the five- enrollment the following funding year. year funding cycle. The costs for ■ 1. The authority citation continues to (3) Library budget. Each eligible category two services shared by read as follows: library located within the Institute of multiple eligible entities shall be Museum and Library Services locale Authority: 47 U.S.C. 151, 154(i), 155, 201, divided reasonably between each of the codes of ‘‘11—City, Large,’’ defined as a 205, 214, 219, 220, 254, 303(r), 403, and entities for which support is sought in 1302, unless otherwise noted. territory inside an urbanized area and that funding year. ■ inside a principal city with a population 2. Amend § 54.502 by revising (6) Non-instructional buildings. paragraph (b), removing paragraph (c) of 250,000 or more, ‘‘12—City, Midsize,’’ defined as a territory inside Support is not available for category two and redesignating paragraph (d) as services provided to or within non- paragraph (c) to read as follows: an urbanized area and inside a principal city with a population less than 250,000 instructional school buildings or § 54.502 Eligible Services. and greater than or equal to 100,000, or separate library administrative buildings * * * * * ‘‘21—Suburb, Large,’’ defined as a unless those category two services are (b) Category Two Budgets. Libraries, territory outside a principal city and essential for the effective transport of schools, or school districts with schools inside an urbanized area with information to or within one or more that receive funding for category two population of 250,000 or more, shall be instructional buildings of a school or services pursuant to paragraphs (b)(1) eligible for support for category two non-administrative library building, or through (6) of this section. services, up to a pre-discount price of the Commission has found that the use (1) Five-year budget. Each eligible $5.00 per square foot (adjusted for of those services meets the definition of school or library shall be eligible for a inflation since funding year 2015) over educational purpose, as defined in budgeted amount of support for category a five-year funding cycle. All other § 54.500. two services over a five-year funding eligible libraries shall be eligible for * * * * * cycle beginning the first funding year support for category two services, up to [FR Doc. 2019–15164 Filed 7–16–19; 8:45 am] support is received. Excluding category a pre-discount price of $2.30 per square BILLING CODE 6712–01–P

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Notices Federal Register Vol. 84, No. 137

Wednesday, July 17, 2019

This section of the FEDERAL REGISTER 3A–03.8, 4700 River Road, Unit 118, Anoplophora glabripennis contains documents other than rules or Riverdale, MD 20737–1238. (Motschulsky), are destructive proposed rules that are applicable to the Supporting documents and any polyphagous wood boring pests and are public. Notices of hearings and investigations, comments we receive on this docket quarantine pests for the United States. committee meetings, agency decisions and may be viewed at http:// In 2012, the European Commission rulings, delegations of authority, filing of petitions and applications and agency www.regulations.gov/#!docketDetail; (EC) asked APHIS to recognize pest statements of organization and functions are D=APHIS-2018-0074 or in our reading freedom from CLB and ALB in European examples of documents appearing in this room, which is located in Room 1141 of Union (EU) Member States based on section. the USDA South Building, 14th Street equivalence and provided APHIS with and Independence Avenue SW, supporting information that included Washington, DC. Normal reading room new regulatory requirements, DEPARTMENT OF AGRICULTURE hours are 8 a.m. to 4:30 p.m., Monday emergency control measures, and through Friday, except holidays. To be movement control for both species.2 In Animal and Plant Health Inspection sure someone is there to help you, 2015, the EC revised their regulated CLB Service please call (202) 799–7039 before and ALB host list to include all the host [Docket No. APHIS–2018–0074] coming. genera of concern to APHIS. FOR FURTHER INFORMATION CONTACT: Ms. Based on information provided by the Recognition of Freedom From Citrus Rosemarie Rodriguez-Yanes, Regulatory EC, we prepared a commodity import Longhorned Beetle and Asian Policy Specialist, PHP, PPQ, APHIS, evaluation document (CIED). In the Longhorned Beetle in Certain 4700 River Road, Unit 137, Riverdale, CIED, we concluded that in accordance 3 European Union Countries MD 20737; (301) 851–2313; with international provisions for [email protected]. recognition of pest free areas and areas AGENCY: Animal and Plant Health of low prevalence, we would recognize SUPPLEMENTARY INFORMATION: Under the Inspection Service, USDA. specific EU Member States that are regulations in ‘‘Subpart H—Plants for ACTION: Notice. either free from both CLB and ALB or Planting’’ (7 CFR 319.37–1 through as having eradicated an infestation of 319.37–23, referred to below as the SUMMARY: We are notifying the public these pests at least 3 years ago. regulations), the Animal and Plant that we propose to update the U.S. Accordingly, we propose to update Health Inspection Service (APHIS) of Department of Agriculture Plants for the USDA Plants for Planting Manual by the U.S. Department of Agriculture Planting Manual by recognizing 22 removing 22 EU Member States from the (USDA) prohibits or restricts the European Union Member States as being list of countries where CLB and ALB are importation of plants for planting free from citrus longhorned beetle (CLB) present. However, although these (including living plants, plant parts, and Asian longhorned beetle (ALB) and countries are free of CLB and ALB, we seeds, and plant cuttings) to prevent the removing them from the list of countries note that this action changes the import introduction of quarantine pests into the where CLB and ALB are present. We requirements for host plants for these United States. Quarantine pest is would also change the entry conditions pests for only four of these countries: defined in § 319.37–2 as a plant pest or in the manual for imports of certain host Belgium, Denmark, the Netherlands, noxious weed that is of potential plant taxa of CLB and ALB from four of and the United Kingdom.4 These are the economic importance to the United these countries (Belgium, Denmark, the only EU countries that have previously States and not yet present in the United Netherlands, and the United Kingdom) approved CLB and ALB host genera that States, or present but not widely because they have previously approved are currently exempt from the category distributed and being officially genera exempted from the category of of plants Not Authorized Pending Pest controlled. In accordance with § 319.37– plants Not Authorized Pending Pest Risk Analysis, or NAPPRA.5 Risk Analysis. These changes would 20, APHIS may impose quarantines and other restrictions on the importation of relieve certain restrictions on host 2 See ‘‘Commission Implementing Decision 2015/ plants of CLB and ALB from Belgium, specific types of plants for planting. 893 for A. glabripennis (http://eur-lex.europa.eu/ Denmark, the Netherlands, and the These restrictions are listed in the legal-content/EN/TXT/uri=CELEX:32015D0893), United Kingdom while continuing to USDA Plants for Planting Manual.1 and Commission Implementing Decision 2012/138 Under § 319.37–20, if APHIS determines for A. chinensis’’ http://eur-lex.europa.eu/legal- mitigate the risk of introducing content/EN/TXT/qid=1524250924966&uri= quarantine pests into the United States. it is necessary to add, change, or remove CELEX:32012D0138. DATES: We will consider all comments restrictions on the importation of a 3 ISPM 29: Recognition of pest free areas and specific type of plant for planting, we areas of low pest prevalence. International Plant that we receive on or before September Protection Convention, 2017: https://www.ippc.int/ 16, 2019. will publish in the Federal Register a _ notice that announces the proposed static/media/files/publication/en/2017/05/ISPM ADDRESSES: You may submit comments 29_2007_En_2017-05-25_PostCPM12_InkAm.pdf. change to the manual and invites public 4 by either of the following methods: Country and individual host taxa are listed in • comment. Table 3–3 of the USDA Plants for Planting Manual. Federal eRulemaking Portal: Go to The citrus longhorned beetle (CLB), Import requirements for countries referenced in http://www.regulations.gov/#!docket Anoplophora chinensis (Forster), and Table 3–3 and that are free of both CLB and ALB are located in Table 3–8. Detail;D=APHIS-2018-0074. the Asian longhorned beetle (ALB), • Postal Mail/Commercial Delivery: 5 When a plant is NAPPRA it means that the plant cannot be imported until a pest risk analysis is Send your comment to Docket No. 1 https://www.aphis.usda.gov/import_export/ requested and completed for that plant. APHIS APHIS–2018–0074, Regulatory Analysis plants/manuals/ports/downloads/plants_for_ exempts imports of plants that are hosts of and Development, PPD, APHIS, Station planting.pdf. quarantine pests from the NAPPRA requirements

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NAPPRA-exempt host taxa of CLB DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: and ALB from Belgium, Denmark, the Title: Importation of Live Poultry, Netherlands, and the United Kingdom Animal and Plant Health Inspection Poultry Meat, and Other Poultry would be admissible with the current Service Products From Specified Regions. OMB Control Number: 0579–0228. import permit requirements with a stem [Docket No. APHIS–2019–0033] or root collar diameter greater than 10 Type of Request: Revision to and mm (0.4 inches). The NAPPRA-exempt Notice of Request for Revision to and extension of approval of an information taxa from these four EU countries Extension of Approval of an collection. affected by the proposed changes are: Information Collection; Importation of Abstract: Under the authority of the • Malus spp. from Belgium; Live Poultry, Poultry Meat, and Other Animal Health Protection Act (7 U.S.C. • Hibiscus spp. and Rosa spp. from Poultry Products From Specified 8301 et seq.), the Animal and Plant Denmark; Regions Health Inspection Service (APHIS) of • Non-variegated Acer japonicum, the United States Department of Non Variegated Acer palmatum, Aralia AGENCY: Animal and Plant Health Agriculture is authorized, among other spp., Carpinus spp., Cercidiphyllum Inspection Service, USDA. things, to prohibit or restrict the spp., Cercis spp., Cornus spp., Corylus ACTION: Revision to and extension of importation and interstate movement of spp., Cotoneaster spp., Fagus spp., Ficus approval of an information collection; animals and animal products to prevent spp., Hedera spp., Ilex spp., Malus spp., comment request. the introduction into and dissemination Prunus spp., Robinia spp., Rosa spp., within the United States of livestock SUMMARY: In accordance with the diseases and pests. To carry out the and Styrax spp. from the Netherlands; Paperwork Reduction Act of 1995, this and mission, APHIS regulates the • notice announces the Animal and Plant importation of animals and animal Rosa spp. and Rubus spp. from the Health Inspection Service’s intention to United Kingdom. products into the United States based on request a revision to and extension of regulations contained in 9 CFR parts 92 Furthermore, these host taxa must approval of an information collection also meet the following criteria for entry through 98. associated with regulations for the Disease prevention is the most into the United States: importation of live poultry, poultry • The host plants were grown solely effective method for maintaining a meat, and other poultry products from healthy animal population and for on mother stock from Belgium, specified regions. Denmark, the Netherlands, and the enhancing the United States’ ability to DATES: United Kingdom; and We will consider all comments compete in the world market of animal • The host plants have never been that we receive on or before September and animal product trade. APHIS’ grown in a country from which their 16, 2019. Veterinary Services administers importation would be prohibited ADDRESSES: You may submit comments regulations intended to prevent the by either of the following methods: introduction of animal diseases into the NAPPRA as listed in the USDA Plants • for Planting Manual. Federal eRulemaking Portal: Go to United States. The regulations in parts We are only recognizing EU Member http://www.regulations.gov/#!docket 93 and 94 place certain restrictions on States that are free from both pests, or Detail;D=APHIS-2019-0033. the importation of live poultry, poultry • Postal Mail/Commercial Delivery: that eradicated an infestation at least 3 meat, and other poultry products to Send your comment to Docket No. years ago. In our updated list, the EU prevent the introduction of highly APHIS–2019–0033, Regulatory Analysis Member States that would continue to pathogenic avian influenza (HPAI), and Development, PPD, APHIS, Station be listed as countries where ALB and/ Newcastle disease, and other exotic 3A–03.8, 4700 River Road Unit 118, or CLB are present are: Austria, Croatia, poultry diseases into the United States. Riverdale, MD 20737–1238. To ensure live poultry, poultry meat, Finland, France, Germany, and Italy. Supporting documents and any After we review public comments on and other poultry products do not pose comments we receive on this docket a risk of introducing HPAI, Newcastle our proposed changes to the USDA may be viewed at http:// Plants for Planting Manual, we will disease, or other exotic poultry diseases www.regulations.gov/#!docketDetail; into the United States, APHIS requires publish a second notice to affirm our D=APHIS-2019-0033 or in our reading proposed changes or to inform persons the following information collection room, which is located in Room 1141 of activities: Applications for import or in- of any additional changes with respect the USDA South Building, 14th Street to the importation of host plants of CLB transit permits; import or in-transit and Independence Avenue SW, permit customs declarations; reports of and ALB from Belgium, Denmark, the Washington, DC. Normal reading room Netherlands, and the United Kingdom. animals, poultry, or hatching eggs hours are 8 a.m. to 4:30 p.m., Monday offered for importation; health Authority: 7 U.S.C. 1633, 7701–7772, and through Friday, except holidays. To be certificates; certificates of origin; 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR sure someone is there to help you, maintenance of records; cooperative 2.22, 2.80, and 371.3. please call (202) 799–7039 before service agreements; and certificates for coming. Done in Washington, DC, this 11th day of shipment back to the United States. July 2019. FOR FURTHER INFORMATION CONTACT: For We are asking the Office of Kevin Shea, information about the importation of Management and Budget (OMB) to Administrator, Animal and Plant Health live poultry, poultry meat, and other approve our use of these information Inspection Service. poultry products from specified regions, collection activities, as described, for an [FR Doc. 2019–15185 Filed 7–16–19; 8:45 am] contact Dr. Magde Elshafie, Senior Staff additional 3 years. BILLING CODE 3410–34–P Veterinarian, VS, APHIS, 4700 River The purpose of this notice is to solicit Road, Unit 40, Riverdale, MD 20737; comments from the public (as well as when there is significant trade of that plant between (301) 851–3300. For more detailed affected agencies) concerning our the exporting country and the United States. We information on the information information collection. These comments continue to allow such importation based on our experience with importing these plants for planting collection, contact Ms. Kimberly Hardy, will help us: and our findings, through inspection, that they are APHIS’ Information Collection (1) Evaluate whether the collection of generally pest free. Coordinator, at (301) 851–2483. information is necessary for the proper

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performance of the functions of the SUMMARY: NRCS announces its intent to subpart H, section 610.134. As Agency, including whether the adopt the FEIS, titled ‘‘Feral Swine described in the FEIS, the APHIS project information will have practical utility; Damage Management: A National area includes all the United States and (2) Evaluate the accuracy of our Approach EIS’’, prepared by the U.S. its Territories where feral swine exist or estimate of the burden of the collection Department of Agriculture’s Animal and may occur. The APHIS Wildlife Services of information, including the validity of Plant Health Inspection Service (APHIS–WS) program currently works the methodology and assumptions used; (APHIS), under the Environmental with federal, state, territorial, and local (3) Enhance the quality, utility, and Impact Statement (EIS) adoption agencies; tribes; organizations; and clarity of the information to be provisions of the Council on private individuals to address specific collected; and Environmental Quality (CEQ). localized feral swine damage problems. (4) Minimize the burden of the DATES: Comment date: NRCS will accept As NRCS collaborates with farmers, collection of information on those who comments that are received or ranchers, and non-industrial private are to respond, through use, as postmarked by August 16, 2019. forest landowners to address natural appropriate, of automated, electronic, ADDRESSES: You may submit comments resource management objectives on mechanical, and other collection concerning the adoption of the FEIS private land throughout the United technologies; e.g., permitting electronic titled, ‘‘Feral Swine Damage States and its Territories, NRCS is able submission of responses. Management: A National Approach to implement actions that complement Estimate of burden: The public EIS,’’ or submit comments on actions those of APHIS with NRCS’ burden for this collection of information being proposed by NRCS regarding this constituency. Feral swine are a threat is estimated to average 1 hour per matter to the Federal eRulemaking nationwide; private lands currently or response. Portal at www.regulations.gov. Follow will soon face growing threats from feral Respondents: Federal animal health the online instructions for submitting swine. Therefore, section 2408 of the authorities of certain regions that export comments. 2018 Farm Bill requires that APHIS and live poultry, poultry meat, and other The FEIS can be accessed here: NRCS cooperate in this effort. poultry products; importers; pet bird https://www.aphis.usda.gov/aphis/ The FEIS states that APHIS would owners; and zoological facilities. ourfocus/wildlifedamage/programs/ serve as the lead agency in a nationally Estimated annual number of nepa/sa_environmental_ coordinated cooperative effort with respondents: 24. assessments+%28ea%29/sa_ws_ other agency partners, tribes, Estimated annual number of environmental_assessments_state/ct_ organizations, and local entities. NRCS responses per respondent: 2. united_states. was a participating agency, but not a Estimated annual number of The associated NRCS Announcement cooperating agency, in the preparation responses: 56. of Program Funding can be accessed on of the Feral Swine Damage Estimated total annual burden on grants.gov. Management: A National Approach— respondents: 57 hours. (Due to Final Environmental Impact Statement FOR FURTHER INFORMATION CONTACT: averaging, the total annual burden hours when it was finalized in 2015. As Martin Lowenfish, Branch Chief for may not equal the product of the annual required in the 2018 Farm Bill, NRCS, Areawide Planning, Natural Resources number of responses multiplied by the through this pilot program, will Conservation Service, at reporting burden per response.) cooperate with APHIS nationally and [email protected] or (202) All responses to this notice will be will serve as the lead agency for 690–4979. summarized and included in the request implementing the complementary NRCS for OMB approval. All comments will SUPPLEMENTARY INFORMATION: NRCS action. also become a matter of public record. announces its intent to adopt the FEIS The FEIS states that the proposed titled, ‘‘Feral Swine Damage action is needed to: Done in Washington, DC, this 11th day of Management: A National Approach July 2019. 1. Expand feral swine management EIS’’, prepared by the U.S. Department Kevin Shea, programs nationwide to stabilize and of Agriculture’s Animal and Plant eventually reduce the national feral Administrator, Animal and Plant Health Health Inspection Service (APHIS) Inspection Service. swine population and associated threats under the EIS adoption provisions of the to agriculture, natural resources, [FR Doc. 2019–15186 Filed 7–16–19; 8:45 am] Council on Environmental Quality property, animal health, and human BILLING CODE 3410–34–P (CEQ) regulations (40 CFR 1506.3). health; NRCS is proposing this action to 2. Further develop cooperative address the mandates in section 2408 of DEPARTMENT OF AGRICULTURE partnerships with other pertinent the Agriculture Improvement Act of federal, state, territorial, tribal, and local Natural Resources Conservation 2018 (2018 Farm Bill, Pub. L. 115–334) agencies, and private organizations Service to provide financial assistance for a working to reduce impacts of feral Feral Swine Eradication and Control swine; [Docket No. NRCS–2019–0010] Pilot Program in collaboration with 3. Expand feral swine disease APHIS. monitoring to protect agriculture and Adoption of Another Agency’s Final Prior to proposing adoption, NRCS human health; Environmental Impact Statement To reviewed the FEIS and determined that 4. Develop and improve tools and Implement the Feral Swine Eradication it adequately addresses the alternatives methods to manage feral swine and Control Pilot Program and environmental impacts related to populations, predictive models to assess AGENCY: Natural Resources reducing feral swine damage to feral swine population expansion and Conservation Service (NRCS), U.S. agriculture, natural resources, property, economic impacts, and risk analyses for Department of Agriculture (USDA). animal health, and human health and feral swine impacts to agriculture, safety on private lands per NRCS’s Title ACTION: Notice of intent (NOI) to adopt animal health, and human health; 190—National Environmental 5. Develop outreach materials and a Final Environmental Impact Statement Compliance Handbook, part 610, activities to educate the public about (FEIS). subpart F, section 610.83(D), and feral swine damage and related

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activities to prevent or reduce damage; Further, the FEIS evaluated five metallic substances from the Republic of and alternatives, incorporated mitigation Korea. Products subject to the order are 6. Coordinate with Canada and into those alternatives, and included a currently classified in the Harmonized Mexico to establish a collaborative plan comprehensive evaluation of Tariff Schedule of the United States to address the feral swine threat along environmental impacts. Given this, (HTSUS) under item numbers: the common borders. NRCS has determined the FEIS 7208.40.3030, 7208.40.3060, The NRCS actions under section 2408 adequately covers NRCS’ proposed 7208.51.0030, 7208.51.0045, of the 2018 Farm Bill are narrower than action, as encompassed by section 2408 7208.51.0060, 7208.52.0000, the scope of the larger APHIS effort of the 2018 Farm Bill, and has, 7211.13.0000, 7211.14.0030, defined in the FEIS and are limited to therefore, proposed its adoption. An 7211.14.0045, 7225.40.1110, providing financial assistance associated decision will not be made 7225.40.1180, 7225.40.3005, specifically for outreach, training, earlier than 30 days following the 7225.40.3050, 7226.20.0000, and equipment, and operations for feral publication of this notice in the Federal 7226.91.5000. Although the HTSUS swine trapping, consistent with APHIS Register. subheadings are provided for technical standards. Subsequent actions, NRCS requests feedback from the convenience and customs purposes, the including disposal, are the public, other agencies, tribes, and other written description of the merchandise responsibility of those carrying out the interested parties on the proposal to subject to this scope is dispositive.1 trapping activities, and must occur adopt the APHIS FEIS, the FEIS itself, SUPPLEMENTARY INFORMATION: consistent with all associated federal, and any associated issues and concerns. state, and local laws. These actions are Background fully covered by the FEIS Alternative 2, Kevin Norton, On July 12, 2018, based on a timely which was considered by APHIS to be Acting Associate Chief, Natural Resources request for review, in accordance with the environmentally preferable and Conservation Service. 19 CFR 351.221(c)(1)(i), we initiated an preferred alternative. NRCS has [FR Doc. 2019–15211 Filed 7–16–19; 8:45 am] administrative review on certain carbon determined that these actions are BILLING CODE 3410–16–P and alloy steel cut-to-length plate from substantially the same those analyzed in the Republic of Korea for fourteen the 2015 Feral Swine Damage companies.2 We selected POSCO/ Management: A National Approach— DEPARTMENT OF COMMERCE POSCO Daewoo Corporation as the Final Environmental Impact Statement, mandatory respondent because it was and is circulating the statement in Final International Trade Administration the only company under review that form. For its proposed action, NRCS had entries of subject merchandise also has determined that Alternative 2 [A–580–887] during the POR.3 In December 2018, we would be environmentally preferable Carbon and Alloy Steel Cut-to-Length extended the preliminary results of this and preferred. 4 Plate From the Republic of Korea: review to no later than May 1, 2019. Section 2408 of the 2018 Farm Bill Commerce exercised its discretion to requires that NRCS establish this effort Preliminary Results of Antidumping Duty Administrative Review; 2016– toll all deadlines affected by the partial as a pilot program. The specific federal government closure from 2018 locations chosen by NRCS for this pilot December 22, 2018 through the are based on the severity of damage. AGENCY: Enforcement and Compliance, resumption of operations on January 29, NRCS has determined that 11 states, International Trade Administration, 2019.5 In June 2019, we extended the where APHIS has determined feral Department of Commerce. preliminary results of this review to no swine population densities and 6 SUMMARY: The Department of Commerce later than July 10, 2019. For a complete corresponding associated damages are (Commerce) preliminarily determines highest, will be the target of the initial 1 that the POSCO single entity and eleven For a full description of the scope of the order NRCS pilot effort. These 11 states are: see Memorandum, ‘‘Decision Memorandum for the Alabama, Arkansas, California,1 Florida, non-examined companies made sales of Preliminary Results of the 2016–2018 Administrative Review: Certain Carbon and Alloy Georgia, Louisiana, Mississippi, North subject merchandise at less than normal value (NV) during the period of review Steel Cut-To-Length Plate from the Republic of Carolina, Oklahoma, South Carolina, Korea,’’ dated concurrently with, and hereby and Texas. NRCS may consider (POR) November 14, 2016 through April adopted by, this notice (Preliminary Decision 30, 2018. Interested parties are invited Memorandum). expanding beyond these 11 pilot states, 2 consistent with the nationwide scope of to comment on these preliminary results See Initiation of Antidumping and of review. Countervailing Duty Administrative Reviews, 83 FR the FEIS. NRCS and APHIS will 32273 (July 12, 2018). collaborate through State technical DATES: Applicable July 17, 2019. 3 See Memorandum, ‘‘Administrative Review of committees to identify projects under FOR FURTHER INFORMATION CONTACT: Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea: Respondent Selection’’ dated the pilot program and will do so in a Michael Bowen or William Horn, AD/ October 4, 2018. way that places a priority where feral CVD Operations, Office VIII, 4 See Memorandum, ‘‘Carbon and Alloy Steel Cut- swine are a significant threat to Enforcement and Compliance, To-Length Plate from the Republic of Korea: agriculture, native ecosystems, or International Trade Administration, Extension of the Deadline for Preliminary Results of the Antidumping Duty Administrative Review; human or animal health. U.S. Department of Commerce, 1401 2016–2018,’’ dated December 17, 2018. Prior to recommending adoption, Constitution Avenue NW, Washington, 5 See Memorandum to the Record from Gary NRCS completed an internal checklist, DC 20230; telephone: (202) 482–0768 or Taverman, Deputy Assistant Secretary for titled ‘‘NEPA Supplementation Review (202) 482–4868, respectively. Antidumping and Countervailing Duty Operations, and Documentation Checklist,’’ as performing the non-exclusive functions and duties Scope of the Order of the Assistant Secretary for Enforcement and required by its National Environmental Compliance, ‘‘Deadlines Affected by the Partial Compliance Handbook. It was The products covered by the order are Shutdown of the Federal Government,’’ dated determined that the FEIS does not need certain carbon and alloy steel hot-rolled January 28, 2019. All deadlines in this segment of or forged flat plate products not in coils, the proceeding have been extended by 40 days. to be supplemented prior to adoption. 6 See Memorandum, ‘‘Carbon and Alloy Steel Cut- whether or not painted, varnished, or To-Length Plate from the Republic of Korea: 1 California chose not to participate at this time. coated with plastics or other non- Continued

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description of the events that followed Weighted- entirety by ACCESS by 5 p.m. Eastern the initiation of this review, see the average Time on the established deadline. Preliminary Decision Memorandum. Exporter/producer dumping Commerce intends to issue the final margin results of this administrative review, Methodology (percent) including the results of its analysis of Commerce is conducting this review Buma Ce Co., Ltd...... 20.09 issues raised in any written briefs, not in accordance with section 751(a)(1)(B) Dong Yang Steel Pipe Co., Ltd. 20.09 later than 120 days after the date of and (2) of the Tariff Act of 1930, as Dongkuk Steel Mill Co., Ltd...... 20.09 publication of this notice, unless amended (the Act). Export price and Expeditors Korea Ltd...... 20.09 otherwise extended.17 constructed export price are calculated Haem Co., Ltd...... 20.09 in accordance with section 772 of the Hyundai Glovis Co., Ltd...... 20.09 Assessment Rates Act. NV is calculated in accordance Hyundai Steel Company ...... 20.09 Upon publication of the final results with section 773 of the Act. J.I. Sea & Air Express Co., Ltd. 20.09 of this administrative review, Commerce Maxpeed Co., Ltd...... 20.09 For a full description of the shall determine, and U.S. Customs and methodology underlying our Rames Logistics Co., Ltd...... 20.09 Sumitomo Corp. Korea Ltd...... 20.09 Border Protection (CBP) shall assess, conclusions, see the Preliminary antidumping duties on all appropriate Decision Memorandum. The 18 Disclosure and Public Comment entries covered by this review. Preliminary Decision Memorandum is a Pursuant to 19 CFR 351.212(b)(1), public document and is on file Commerce intends to disclose the where the respondents reported the electronically via Enforcement and calculations performed in connection entered value of its U.S. sales, we will Compliance’s Antidumping and with these preliminary results to calculate importer-specific ad valorem Countervailing Duty Centralized interested parties within five days of the duty assessment rates based on the ratio 10 Electronic Service System (ACCESS). date of publication of this notice. of the total amount of dumping ACCESS is available to registered users Interested parties may submit case briefs calculated for the examined sales to the at https://access.trade.gov and it is to Commerce no later than 30 days after total entered value of such sales. Where 11 available to all parties in the Central the date of publication of this notice. the respondent did not report entered Records Unit, Room B8024 of the main Rebuttal briefs, limited to issues raised value, we will calculate importer- Commerce building. In addition, a in the case briefs, may be filed not later specific assessment rates on the basis of complete version of the Preliminary than five days after the date for filing the ratio of the total amount of dumping 12 Decision Memorandum can be accessed case briefs. Parties who submit case calculated for the importer’s examined directly at https:// briefs or rebuttal briefs in this sales and the total quantity of those enforcement.trade.gov/frn/index.htm. proceeding are encouraged to submit sales, in accordance with 19 CFR The signed and electronic versions of with each argument: (1) A statement of 351.212(b)(1).19 We will also calculate the Preliminary Decision Memorandum the issue; (2) a brief summary of the (estimated) ad valorem importer- are identical in content. A list of the argument; and (3) a table of specific assessment rates with which to 13 topics discussed in the Preliminary authorities. Case and rebuttal briefs assess whether the per-unit assessment 14 Decision Memorandum is attached as an should be filed using ACCESS. rate is de minimis. We will instruct CBP Appendix to this notice. Pursuant to 19 CFR 351.310(c), to assess antidumping duties on all interested parties who wish to request a Preliminary Results of the Review appropriate entries covered by this hearing must submit a written request to review when the importer-specific ad As a result of this review, Commerce the Assistant Secretary for Enforcement preliminarily determines that the valorem assessment rate calculated in and Compliance, U.S. Department of the final results of this review is not following weighted-average dumping Commerce, filed electronically via margin exists for the period November zero or de minimis. Where either the ACCESS within 30 days after the date of respondent’s ad valorem weighted- 14, 2016 through April 30, 2018: 7 15 publication of this notice. Hearing average dumping margin is zero or de requests should contain: (1) The party’s Weighted- minimis, or an importer-specific ad average name, address, and telephone number; valorem assessment rate is zero or de Exporter or producer dumping (2) the number of participants; and (3) minimis,20 we will instruct CBP to margin a list of issues to be discussed. Issues (percent) liquidate the appropriate entries raised in the hearing will be limited to without regard to antidumping duties. issues raised in the briefs. If a request POSCO single entity 8 ...... 20.09 We intend to instruct CBP to take into for a hearing is made, parties will be account the ‘‘provisional measures Review-Specific Average Rate notified of the time and date for the deposit cap,’’ in accordance with 19 Applicable to the Following hearing to be held at the U.S. CFR 351.212(d). Companies: 9 Department of Commerce, 1401 For the companies which were not Constitution Avenue NW, Washington, selected for individual review, we will 16 Extension of the Deadline for Preliminary Results DC 20230. assign an assessment rate based on the of the Antidumping Duty Administrative Review; An electronically-filed document weighted-average dumping margin 2016–2018,’’ dated June 3, 2019. must be received successfully in its calculated for the POSCO single entity. 7 See Preliminary Decision Memorandum 8 Commerce is preliminarily determining that review, excluding rates that are zero, de minimis or 17 See section 751(a)(3)(A) of the Act. POSCO, POSCO Daewoo Corporation, POSCO based entirely on facts available. See section 18 Processing and Service Co., Ltd. and certain 735(c)(5)(A) of the Act. See 19 CFR 351.212(b)(1). 19 distributors and service centers are affiliated 10 See 19 CFR 351.224(b). In these preliminary results, Commerce applied pursuant to section 771(33)(E) of the Act, and the assessment rate calculation method adopted in 11 See 19 CFR 351.309(c)(1)(ii). further that these companies should be treated as Antidumping Proceedings: Calculation of the 12 a single entity (collectively, the POSCO single See 19 CFR 351.309(d). Weighted-Average Dumping Margin and entity) pursuant to 19 CFR 351.401(f). See 13 See 19 CFR 351.309(c)(2) and (d)(2). Assessment Rate in Certain Antidumping Preliminary Decision Memorandum. 14 See 19 CFR 351.303. Proceedings: Final Modification, 77 FR 8101 9 This rate is based on the rates for the 15 See 19 CFR 351.310(c). (February 14, 2012). respondents that were selected for individual 16 See 19 CFR 351.310(d). 20 See 19 CFR 351.106(c)(2).

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The final results of this review shall be These deposit requirements, when DATES: Applicable July 17, 2019. the basis for the assessment of imposed, shall remain in effect until FOR FURTHER INFORMATION CONTACT: antidumping duties on entries of further notice. Alice Maldonado or David Crespo, AD/ merchandise covered by the final results Notification to Importers CVD Operations, Office II, Enforcement of this review and for future deposits of and Compliance, International Trade estimated duties, where applicable. This notice serves as a preliminary Administration, U.S. Department of Commerce’s ‘‘reseller policy’’ will reminder to importers of their Commerce, 1401 Constitution Avenue apply to entries of subject merchandise responsibility under 19 CFR NW, Washington, DC 20230; telephone: during the POR produced by the POSCO 351.402(f)(2) to file a certificate (202) 482–4682 or (202) 482–3693, single entity for which the POSCO regarding the reimbursement of respectively. single entity did not know that the antidumping duties prior to liquidation Scope of the Order merchandise it sold to the intermediary of the relevant entries during this (e.g., a reseller, trading company, or review period. Failure to comply with The products covered by the order are exporter) was destined for the United this requirement could result in certain carbon and alloy steel hot-rolled States. In such instances, we will Commerce’s presumption that or forged flat plate products not in coils, instruct CBP to liquidate unreviewed reimbursement of antidumping duties whether or not painted, varnished, or entries at the all-others rate if there is no occurred and the subsequent assessment coated with plastics or other non- rate for the intermediate company(ies) of double antidumping duties. metallic substances from Italy. Products 21 subject to the order are currently involved in the transaction. Notification to Interested Parties We intend to issue instructions to classified in the Harmonized Tariff CBP 15 days after the date of We are issuing and publishing these Schedule of the United States (HTSUS) publication of the final results of this preliminary results in accordance with under item numbers: 7208.40.3030, review. sections 751(a)(1) and 777(i)(1) of the 7208.40.3060, 7208.51.0030, Act. 7208.51.0045, 7208.51.0060, Cash Deposit Requirements Dated: July 10, 2019. 7208.52.0000, 7211.13.0000, The following deposit requirements Jeffrey I. Kessler, 7211.14.0030, 7211.14.0045, will be effective for all shipments of the Assistant Secretary for Enforcement and 7225.40.1110, 7225.40.1180, subject merchandise entered, or Compliance. 7225.40.3005, 7225.40.3050, withdrawn from warehouse, for 7226.20.0000, and 7226.91.5000. consumption on or after the publication Appendix Although the HTSUS subheadings are date of the final results of this List of Topics Discussed in the Preliminary provided for convenience and customs administrative review, as provided by Decision Memorandum purposes, the written description of the section 751(a)(2)(C) of the Act: (1) The I. Summary merchandise subject to this scope is cash deposit rate for the POSCO single II. Background dispositive.1 entity and all other companies subject to III. Scope of the Order SUPPLEMENTARY INFORMATION: this review will be equal to the IV. Companies Not Selected for Individual Background weighted-average dumping margin Examination established in the final results of this V. Affiliation and Collapsing On July 12, 2018, based on timely review, except if the rate is less than VI. Discussion of the Methodology requests for review, in accordance with VII. Currency Conversion 19 CFR 351.221(c)(1)(i), we initiated an 0.50 percent and, therefore, de minimis VIII. Recommendation within the meaning of 19 CFR administrative review on certain carbon 351.106(c)(1), in which case the cash [FR Doc. 2019–15196 Filed 7–16–19; 8:45 a.m.] and alloy steel cut-to-length plate from deposit rate will be zero; (2) for BILLING CODE 3510–DS–P Italy.2 This review covers 10 producers companies not participating in this and exporters of the subject review, the cash deposit rate will merchandise. Commerce selected two DEPARTMENT OF COMMERCE continue to be the company-specific companies, NLMK Verona SpA (NVR) and Officine Tecnosider s.r.l. (OTS), for cash deposit rate published for the most International Trade Administration recently completed segment; (3) if the individual examination. The producers exporter is not a firm covered in this [A–475–834] and or exporters not selected for review, or the original less-than-fair- individual examination are listed in the value (LTFV) investigation, but the Certain Carbon and Alloy Steel Cut-to- ‘‘Preliminary Results of the Review’’ producer is, the cash deposit rate will be Length Plate From Italy: Preliminary section of this notice. the cash deposit rate established for the Results of Antidumping Duty Commerce exercised its discretion to most recently completed segment for the Administrative Review; 2016–2018 toll all deadlines affected by the partial federal government closure from producer of the merchandise; and (4) AGENCY: Enforcement and Compliance, December 22, 2018 through the the cash deposit rate for all other International Trade Administration, producers or exporters will continue to Department of Commerce. be 7.39 percent, the all-others rate 1 For a full description of the scope of the order, SUMMARY: The Department of Commerce see Memorandum, ‘‘Decision Memorandum for the established in the LTFV investigation.22 (Commerce) preliminarily determines Preliminary Results of the 2016–2018 that the producers/exporters subject to Administrative Review of the Antidumping Duty 21 For a full discussion of this practice, see Order on Certain Carbon and Alloy Steel Cut-To- Antidumping and Countervailing Duty Proceedings: this administrative review made sales of Length Plate from Italy,’’ dated concurrently with, Assessment of Antidumping Duties, 68 FR 23954 subject merchandise at less than normal and hereby adopted by, this notice (Preliminary (May 6, 2003). value (NV). Interested parties are invited Decision Memorandum). 22 See Certain Carbon and Alloy Steel Cut-To- to comment on these preliminary results 2 See Initiation of Antidumping and Length Plate from Austria, Belgium, France, the Countervailing Duty Administrative Reviews, 83 FR Federal Republic of Germany, Italy, Japan, the of review. 32270 (July 12, 2018), as corrected by Initiation of Republic of Korea, and Taiwan: Amended Final Antidumping and Countervailing Duty Affirmative Antidumping Determinations for Republic of Korea and Taiwan, and Antidumping Administrative Reviews, 83 FR 45596 (September France, the Federal Republic of Germany, the Duty Orders, 82 FR 24096, 24098 (May 25, 2017). 10, 2018).

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resumption of operations on January 28, Weighted- (2) the number of participants; and (3) 2019.3 On February 28, 2019, Commerce average a list of issues to be discussed. Issues extended the preliminary results of this Exporter/producer dumping raised in the hearing will be limited to 4 margin review by 120 days, until July 10, 2019. (percent) issues raised in the briefs. If a request For a complete description of the events for a hearing is made, parties will be that followed the initiation of this NLMK Verona SpA ...... 1.26 notified of the time and date for the review, see the Preliminary Decision Officine Tecnosider s.r.l ...... 1.63 hearing to be held at the U.S. Memorandum. Department of Commerce, 1401 Review-Specific Average Rate Constitution Avenue NW, Washington, Methodology Applicable to the Following DC 20230.12 Companies: 5 An electronically-filed document Commerce is conducting this review must be received successfully in its in accordance with section 751(a)(1)(B) Weighted- entirety by ACCESS by 5 p.m. Eastern and (2) of the Tariff Act of 1930, as average Exporter/producer dumping Time on the established deadline. amended (the Act). Export price and margin Commerce intends to issue the final constructed export price are calculated (percent) results of this administrative review, in accordance with section 772 of the including the results of its analysis of Act. NV is calculated in accordance Euroflex SpA ...... 1.52 issues raised in any written briefs, not with section 773 of the Act. Evraz Palini e Bertoli SpA ...... 1.52 Ilva SpA ...... 1.52 later than 120 days after the date of For a full description of the Metalcam SpA ...... 1.52 publication of this notice, unless methodology underlying our Modelleria di Modini Renato ...... 1.52 otherwise extended.13 conclusions, see the Preliminary Ondulit Italiana SpA ...... 1.52 Assessment Rates Decision Memorandum. The Padana Tubi e Profilati Acciaio SpA ...... 1.52 Upon completion of the Preliminary Decision Memorandum is a Riva Fire SpA ...... 1.52 administrative review, Commerce shall public document and is on file determine, and U.S. Customs and electronically via Enforcement and Disclosure and Public Comment Border Protection (CBP) shall assess, Compliance’s Antidumping and Commerce intends to disclose the antidumping duties on all appropriate Countervailing Duty Centralized 14 calculations performed in connection entries. Electronic Service System (ACCESS). with these preliminary results to Where the respondent did not report ACCESS is available to registered users interested parties within five days after entered value or reported amounts at https://access.trade.gov, and to all the date of publication of this notice.6 based on average data, we calculated the parties in the Central Records Unit, Interested parties may submit case briefs entered value in order to calculate the Room B8024 of the main Commerce to Commerce no later than 30 days after assessment rate. Where either the building. In addition, a complete the date of publication of this notice or respondent’s weighted-average dumping version of the Preliminary Decision seven days after the date on which the margin is zero or de minimis within the Memorandum can be accessed directly final verification report is issued in this meaning of 19 CFR 351.106(c)(1), or an at https://enforcement.trade.gov/frn/ proceeding.7 Rebuttal briefs, limited to importer-specific rate is zero or de summary/italy/italy-fr.htm. The signed issues raised in the case briefs, may be minimis, we will instruct CBP to and electronic versions of the filed no later than five days after the liquidate the appropriate entries Preliminary Decision Memorandum are time limit for filing case briefs.8 Parties without regard to antidumping duties. identical in content. A list of the topics who submit case briefs or rebuttal briefs We intend to instruct CBP to take into discussed in the Preliminary Decision in this proceeding are encouraged to account the ‘‘provisional measures Memorandum is attached as an submit with each argument: (1) A deposit cap,’’ in accordance with 19 Appendix to this notice. statement of the issue; (2) a brief CFR 351.212(d). summary of the argument; and (3) a For the companies which were not Preliminary Results of the Review table of authorities.9 Case and rebuttal selected for individual review, we will briefs should be filed using ACCESS.10 assign an assessment rate based on the As a result of this review, we Pursuant to 19 CFR 351.310(c), average 15 of the cash deposit rates preliminarily determine that the interested parties who wish to request a calculated for NVR and OTS, excluding following weighted-average dumping hearing must submit a written request to any which are zero or de minimis or margins exist for the respondents for the the Assistant Secretary for Enforcement determined entirely based on adverse period November 14, 2016 through and Compliance, U.S. Department of facts available. The final results of this April 30, 2018: Commerce, filed electronically via review shall be the basis for the ACCESS within 30 days after the date of assessment of antidumping duties on publication of this notice.11 Hearing entries of merchandise covered by the 3 See Memorandum to the Record from Gary requests should contain: (1) The party’s final results of this review and for future Taverman, Deputy Assistant Secretary for name, address, and telephone number; deposits of estimated duties, where Antidumping and Countervailing Duty Operations, applicable. performing the non-exclusive functions and duties 5 This rate is based on the rates for the Commerce’s ‘‘reseller policy’’ will of the Assistant Secretary for Enforcement and respondents that were selected for individual apply to entries of subject merchandise Compliance, ‘‘Deadlines Affected by the Partial review, excluding rates that are zero, de minimis or Shutdown of the Federal Government,’’ dated based entirely on facts available. See section during the POR produced by companies January 28, 2019. All deadlines in this segment of 735(c)(5)(A) of the Act. included in these final results of review the proceeding have been extended by 40 days. 6 See 19 CFR 351.224(b). 4 See Memorandum, ‘‘Carbon and Alloy Steel Cut- 7 See 19 CFR 351.309(c). 12 See 19 CFR 351.310(d). to-Length Plate from Italy: Extension of Deadline for 8 See 19 CFR 351.309(d). 13 See Section 751(a)(3)(A) of the Act. Preliminary Results of 2016 -2018 Antidumping 9 See 19 CFR 351.309(c)(2) and (d)(2). 14 See 19 CFR 351.212(b). Duty Administrative Review,’’ dated February 28, 10 See 19 CFR 351.303. 15 This rate was calculated as discussed in 2019. 11 See 19 CFR 351.310(c). footnote 5, above.

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for which the reviewed companies did antidumping duties prior to liquidation Scope of the Order not know that the merchandise they of the relevant entries during this The products covered by the order are sold to the intermediary (e.g., a reseller, review period. Failure to comply with certain carbon and alloy steel hot-rolled trading company, or exporter) was this requirement could result in or forged flat plate products not in coils, destined for the United States. In such Commerce’s presumption that whether or not painted, varnished, or instances, we will instruct CBP to reimbursement of antidumping duties coated with plastics or other non- liquidate unreviewed entries at the all- occurred and the subsequent assessment metallic substances from the Republic of others rate if there is no rate for the of double antidumping duties. Korea. Products subject to the order are intermediate company(ies) involved in 16 Notification to Interested Parties currently classified in the Harmonized the transaction. Tariff Schedule of the United States We intend to issue liquidation We are issuing and publishing these (HTSUS) under item numbers: instructions to CBP 15 days after results in accordance with sections 7208.40.3030, 7208.40.3060, publication of the final results of this 751(a)(1) and 777(i)(1) of the Act. 7208.51.0030, 7208.51.0045, review. Dated: July 10, 2019. 7208.51.0060, 7208.52.0000, Cash Deposit Requirements Jeffrey I. Kessler, 7211.13.0000, 7211.14.0030, The following deposit requirements Assistant Secretary for Enforcement and 7211.14.0045, 7225.40.1110, will be effective for all shipments of the Compliance. 7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and subject merchandise entered, or Appendix withdrawn from warehouse, for 7226.91.5000. Although the HTSUS consumption on or after the publication List of Topics Discussed in the Preliminary subheadings are provided for date of the final results of this Decision Memorandum convenience and customs purposes, the administrative review, as provided by I. Summary written description of the merchandise section 751(a)(2)(C) of the Act: (1) The II. Background subject to this scope is dispositive.1 III. Scope of the Order cash deposit rate for the exporters listed SUPPLEMENTARY INFORMATION: IV. Companies Not Selected for Individual above will be equal to the weighted- Examination Background average dumping margin established in V. Discussion of the Methodology the final results of this review, except if VI. Currency Conversion On July 12, 2018, Commerce the rate is less than 0.50 percent and, VII. Recommendation published a notice of initiation of an administrative review of the therefore, de minimis within the [FR Doc. 2019–15203 Filed 7–16–19; 8:45 am] countervailing duty (CVD) order on meaning of 19 CFR 351.106(c)(1), in BILLING CODE 3510–DS–P which case the cash deposit rate will be certain carbon and alloy steel cut-to- zero; (2) for companies not participating length plate from Korea.2 On December in this review, the cash deposit rate will DEPARTMENT OF COMMERCE 17, 2018, Commerce extended the continue to be the company-specific deadline for the preliminary results of cash deposit rate published for the most International Trade Administration this review to no later than May 31, recently completed segment; (3) if the 2019.3 Commerce exercised its exporter is not a firm covered in this [C–580–888] discretion to toll all deadlines affected review, or the original less-than-fair- by the partial federal government Certain Carbon and Alloy Steel Cut-to- closure from December 22, 2018 through value (LTFV) investigation, but the Length Plate From the Republic of producer is, the cash deposit rate will be the resumption of operations on January Korea: Preliminary Results of 29, 2019.4 Accordingly, the revised the cash deposit rate established for the Countervailing Duty Administrative most recently completed segment for the deadline for the preliminary results of Review and Intent To Rescind the this review is now July 10, 2019. For a producer of the merchandise; and (4) Review, in Part; 2017 the cash deposit rate for all other complete description of the events that producers or exporters will continue to AGENCY: Enforcement and Compliance, be 6.08 percent, the all-others rate International Trade Administration, 1 For a full description of the scope of the order 17 see Memorandum, ‘‘Decision Memorandum for the established in the LTFV investigation. U.S. Department of Commerce. Preliminary Results of the Countervailing Duty These deposit requirements, when SUMMARY: The Department of Commerce Administrative Review, 2017: Certain Carbon and imposed, shall remain in effect until (Commerce) preliminarily determines Alloy Steel Cut-to-Length Plate from the Republic further notice. of Korea,’’ dated concurrently with, and hereby that POSCO, a producer/exporter of adopted by, this notice (Preliminary Decision Notification to Importers certain carbon and alloy steel cut-to- Memorandum). length plate from the Republic of Korea 2 See Initiation of Antidumping and This notice serves as a preliminary (Korea), received countervailable Countervailing Duty Administrative Reviews, 83 FR reminder to importers of their 32278 (July 12, 2018); see also Initiation of subsidies during the period of review Antidumping and Countervailing Duty responsibility under 19 CFR (POR), April 4, 2017 through December 351.402(f)(2) to file a certificate Administrative Reviews, 83 FR 39688, 39690 n.10 31, 2017. We invite interested parties to (Correcting the POR for this review.). regarding the reimbursement of comment on these preliminary results. 3 See Memorandum, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of 16 For a full discussion of this practice, see DATES: Applicable July 17, 2019. Korea: Extension of Deadline for Preliminary Antidumping and Countervailing Duty Proceedings: FOR FURTHER INFORMATION CONTACT: Bob Results of Countervailing Duty Administrative Assessment of Antidumping Duties, 68 FR 23954 Palmer or Jinny Ahn, AD/CVD Review,’’ dated December 17, 2018. (May 6, 2003). 4 See Memorandum to the Record from Gary 17 See Certain Carbon and Alloy Steel Cut-To- Operations, Office VIII, Enforcement Taverman, Deputy Assistant Secretary for Length Plate from Austria, Belgium, France, the and Compliance, International Trade Antidumping and Countervailing Duty Operations, Federal Republic of Germany, Italy, Japan, the Administration, U.S. Department of performing the non-exclusive functions and duties Republic of Korea, and Taiwan: Amended Final Commerce, 1401 Constitution Avenue of the Assistant Secretary for Enforcement and Affirmative Antidumping Determinations for Compliance, ‘‘Deadlines Affected by the Partial France, the Federal Republic of Germany, the NW, Washington, DC 20230; telephone: Shutdown of the Federal Government,’’ dated Republic of Korea, and Taiwan, and Antidumping (202) 482–9068 and (202) 482–0339, January 28, 2019. All deadlines in this segment of Duty Orders, 82 FR 24096, 24098 (May 25, 2017). respectively. the proceeding have been extended by 40 days.

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followed the initiation of this review, Companies Not Selected for Individual Disclosure and Public Comment see the Preliminary Decision Review We will disclose to parties to this Memorandum.5 A list of topics proceeding the calculations performed discussed in the Preliminary Decision Commerce calculated an individual estimated net countervailable subsidy in reaching the preliminary results Memorandum is included at the within five days of the date of rate for POSCO, the only individually Appendix to this notice. The publication of these preliminary examined exporter/producer in this Preliminary Decision Memorandum is a results.11 investigation. Because the only public document and is on file Commerce will establish a deadline individually calculated rate is not zero, electronically via Enforcement and for interested parties to submit written de minimis, or based entirely under comments (case briefs) and rebuttal Compliance’s Antidumping and section 776 of the Act, the estimated net Countervailing Duty Centralized comments (rebuttal briefs) at a later countervailiable subsidy rate calculated date.12 Pursuant to 19 CFR Electronic Service System (ACCESS). for POSCO is the rate assigned to all- ACCESS is available to registered users 351.309(d)(2), rebuttal briefs must be other producers and exporters not limited to issues raised in the case at http://access.trade.gov and is selected for individual review. This is available to all parties in the Central briefs. Parties who submit arguments are consistent with the methodology that requested to submit with the argument: Records Unit, Room B8024 of the main we would use in an investigation to (1) A statement of the issue; (2) a brief Commerce building. In addition, a 9 establish the all-others rate. summary of the argument; and (3) a complete version of the Preliminary 13 Preliminary Results of Review table of authorities. Decision Memorandum can be accessed Interested parties who wish to request directly at http://enforcement.trade.gov/ In accordance with 19 CFR a hearing must do so within 30 days of frn/. The signed and electronic versions 351.224(b)(4)(i), we calculated an publication of these preliminary results of the Preliminary Decision individual net countervailable subsidy by submitting a written request to the Memorandum are identical in content. rate for POSCO. For the POR, we Assistant Secretary for Enforcement and Compliance using Enforcement and Methodology preliminarily determine that the net countervailable subsidy rates for the Compliance’s ACCESS system.14 Commerce is conducting this review producers/exporters under review to be Requests should contain the party’s in accordance with section 751(a)(l)(A) as follows: name, address, and telephone number, of the Tariff Act of 1930, as amended the number of participants, whether any (the Act). For each of the subsidy Net participant is a foreign national, and a list of the issues to be discussed. If a programs found countervailable, we countervailable Company subsidy rate request for a hearing is made, Commerce preliminarily determine that there is a (percent will inform parties of the scheduled ad valorem) subsidy, i.e., a government-provided date of the hearing which will be held financial contribution that gives rise to POSCO 10 ...... 0.56 at the U.S. Department of Commerce, a benefit to the recipient, and that the 1401 Constitution Avenue NW, subsidy is specific.6 For a full BDP International ...... 0.56 Blue Track Equipment ...... 0.56 Washington, DC 20230, at a time and description of the methodology 15 Boxco ...... 0.56 date to be determined. Issues underlying our conclusions, see the Bukook Steel Co., Ltd ...... 0.56 addressed during the hearing will be 16 accompanying Preliminary Decision Buma CE Co., Ltd ...... 0.56 limited to those raised in the briefs. Memorandum. Daelim Industrial Co., Ltd ..... 0.56 Parties should confirm by telephone the date, time, and location of the hearing Intent To Rescind Administrative Daesam Industrial Co., Ltd .. 0.56 two days before the scheduled date. Review, in Part Daesin Lighting Co., Ltd ...... 0.56 Daewoo International Corp .. 0.56 Parties are reminded that all briefs On August 7, 2018, we received a Dong Yang Steel Pipe ...... 0.56 and hearing requests must be filed timely filed a no-shipments certification Dongkuk Industries Co., Ltd 0.56 electronically using ACCESS and received successfully in their entirety by from Hyundai Steel Company Dongkuk Steel Mill Co., Ltd 0.56 7 Dongbu Steel Co., Ltd ...... 0.56 5 p.m. Eastern Time on the due date. (Hyundai). U.S. Customs and Border Unless the deadline is extended Protection (CBP) did not provide EAE Automotive Equipment 0.56 EEW KHPC Co., Ltd ...... 0.56 pursuant to section 751(a)(3)(A) of the Commerce with any contradictory Act, Commerce intends to issue the final information.8 Because there is no Eplus Expo Inc ...... 0.56 GS Global Corp ...... 0.56 results of this administrative review, evidence on the record to indicate that Haem Co., Ltd ...... 0.56 including the results of our analysis of Hyundai had entries, exports, or sales of Han Young Industries ...... 0.56 the issues raised by the parties in their subject merchandise to the United Hyosung Corp ...... 0.56 comments, within 120 days after States during the POR, pursuant to 19 Hyundai Steel Co ...... 0.56 publication of these preliminary results. CFR 351.213(d)(3), we intend to rescind Jinmyung Frictech Co., Ltd .. 0.56 the review with respect to Hyundai. Korean Iron and Steel Co., 10 As discussed in the Preliminary Decision Ltd ...... 0.56 Memorandum, Commerce has found the following companies to be cross-owned with POSCO: POSCO 5 See Preliminary Decision Memorandum. Kyoungil Precision Co., Ltd .. 0.56 Chemtech, POSCO Nippon RHF Joint Venture Co., 6 See sections 771(5)(B) and (D) of the Act Samsun C&T Corp ...... 0.56 Ltd., POSCO Processing & Service, Pohang Scrap regarding financial contribution; section 771(5)(E) SK Netwoks Co., Ltd ...... 0.56 Recycling Distribution Center, and POSCO M-Tech. of the Act regarding benefit; and section 771(5A) of Steel N People Ltd ...... 0.56 11 See 19 CFR 224(b). the Act regarding specificity. 12 Summit Industry ...... 0.56 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); 7 See Hyundai’s Letter, ‘‘Carbon and Alloy Steel see also 19 CFR 351.303 (for general filing Cut-To-Length Plate from Korea: Notice of No Sungjin Co., Ltd ...... 0.56 requirements). Sales,’’ dated August 7, 2018. Young Sun Steel ...... 0.56 13 See 19 CFR 351.309(c)(2) and 351.309(d)(2). 8 See Memorandum,‘‘Certain carbon and alloy 14 See 19 CFR 351.310(c). steel cut-to-length plate from the Republic of Korea 15 See 19 CFR 351.310. (C–580–888),’’ dated August 16, 2018. 9 See section 705(c)(5)(A). 16 See 19 CFR 351.310(c).

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Assessment Rate DEPARTMENT OF COMMERCE written description of the merchandise 1 Consistent with section 751(a)(1) of subject to this scope is dispositive. the Act, upon issuance of the final International Trade Administration SUPPLEMENTARY INFORMATION: results, Commerce shall determine, and Background CBP shall assess, countervailing duties [A–427–828] on all appropriate entries covered by On July 12, 2018, based on a timely this review. We intend to issue Certain Carbon and Alloy Steel Cut-to- request for review, in accordance with instructions to CBP 15 days after Length Plate From France: Preliminary 19 CFR 351.221(c)(1)(i), we initiated an publication of the final results of this Results of the Antidumping Duty administrative review on certain carbon review. Administrative Review; 2016–2018 and alloy steel cut-to-length plate from France for one company, Industeel Cash Deposit Rate AGENCY: Enforcement and Compliance, France S.A.S (Industeel).2 In November Pursuant to section 751(a)(2)(C) of the International Trade Administration, 2018, we extended the preliminary Act, Commerce intends to instruct CBP Department of Commerce. results of this review to no later than to collect cash deposits of estimated May 31, 2019.3 Commerce exercised its SUMMARY: The Department of Commerce countervailing duties in the amount discretion to toll all deadlines affected (Commerce) preliminarily determines indicated above with regard to by the partial federal government that the producer/exporter subject to shipments of subject merchandise closure from December 22, 2018 through this administrative review made sales of entered, or withdrawn from warehouse, the resumption of operations on January subject merchandise at less than normal for consumption on or after the date of 28, 2019.4 Accordingly, the revised value (NV). Interested parties are invited publication of the final results of this deadline for the preliminary results of to comment on these preliminary results review. For all non-reviewed firms, we this review is now July 10, 2019. For a of review. will instruct CBP to continue to collect complete description of the events that cash deposits of estimated DATES: Applicable July 17, 2019. followed the initiation of this review, countervailing duties at the most recent see the Preliminary Decision FOR FURTHER INFORMATION CONTACT: company-specific or all-others rate Memorandum. applicable to the company. These cash Rebecca Janz or Terre Keaton Stefanova, Methodology deposit instructions, when imposed, AD/CVD Operations, Office II, shall remain in effect until further Enforcement and Compliance, Commerce is conducting this review notice. International Trade Administration, in accordance with section 751(a)(1)(B) U.S. Department of Commerce, 1401 and (a)(2) of the Tariff Act of 1930, as Notification to Interested Parties Constitution Avenue NW, Washington, amended (the Act). Export price is These preliminary results of review DC 20230; telephone: (202) 482–2972 or calculated in accordance with section are issued and published in accordance (202) 482–1280, respectively. 772 of the Act. NV is calculated in with sections 751(a)(1) and 777(i)(1) of Scope of the Order accordance with section 773 of the Act. the Act and 19 CFR 351.213. 1 Dated: July 10, 2019. The products covered by the order are For a full description of the scope of the order, see Memorandum, ‘‘Decision Memorandum for the Jeffrey I. Kessler, certain carbon and alloy steel hot-rolled or forged flat plate products not in coils, Preliminary Results of the 2016–2018 Assistant Secretary for Enforcement and Administrative Review of the Antidumping Duty Compliance. whether or not painted, varnished, or Order on Certain Carbon and Alloy Steel Cut-To- coated with plastics or other non- Appendix Length Plate from France,’’ dated concurrently metallic substances from France. with, and hereby adopted by, this notice List of Topics Discussed in the Preliminary Products subject to the order are (Preliminary Decision Memorandum). Decision Memorandum currently classified in the Harmonized 2 See Initiation of Antidumping and I. Summary Tariff Schedule of the United States Countervailing Duty Administrative Reviews, 83 FR II. Background (HTSUS) under item numbers: 32270 (July 12, 2018). 3 III. Period of Review 7208.40.3030, 7208.40.3060, See Memorandum, ‘‘Certain Carbon and Alloy IV. Intent to Rescind, In Part, the Steel Cut-To-Length Plate from France: Extension of 7208.51.0030, 7208.51.0045, the Deadline for Preliminary Results of the 2016– Administrative Review 7208.51.0060, 7208.52.0000, V. Scope of the Order 2018 Antidumping Duty Administrative Review,’’ VI. Rate for Non-Examined Companies 7211.13.0000, 7211.14.0030, dated November 30, 2018. VII. Subsidies Valuation Information 7211.14.0045, 7225.40.1110, 4 See Memorandum to the Record from Gary VIII. Use of Facts Otherwise Available 7225.40.1180, 7225.40.3005, Taverman, Deputy Assistant Secretary for IX. Analysis of Programs 7225.40.3050, 7226.20.0000, and Antidumping and Countervailing Duty Operations, X. Recommendation 7226.91.5000. Although the HTSUS performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and [FR Doc. 2019–15190 Filed 7–16–19; 8:45 am] subheadings are provided for Compliance, ‘‘Deadlines Affected by the Partial BILLING CODE 3510–DS–P convenience and customs purposes, the Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days.

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For a full description of the requests should contain: (1) The party’s if there is no rate for the intermediate methodology underlying our name, address, and telephone number; company(ies) involved in the conclusions, see the Preliminary (2) the number of participants; and (3) transaction.14 Decision Memorandum. The a list of issues to be discussed. Issues We intend to issue liquidation Preliminary Decision Memorandum is a raised in the hearing will be limited to instructions to CBP 15 days after public document and is on file issues raised in the briefs. If a request publication of the final results of this electronically via Enforcement and for a hearing is made, parties will be review. Compliance’s Antidumping and notified of the time and date for the Countervailing Duty Centralized hearing to be held at the U.S. Cash Deposit Requirements Electronic Service System (ACCESS). Department of Commerce, 1401 The following deposit requirements ACCESS is available to registered users Constitution Avenue NW, Washington, will be effective for all shipments of the at https://access.trade.gov and to all DC 20230.11 subject merchandise entered, or parties in the Central Records Unit, An electronically-filed document withdrawn from warehouse, for Room B8024 of the main Commerce must be received successfully in its consumption on or after the publication building. In addition, a complete entirety by ACCESS by 5 p.m. Eastern date of the final results of this version of the Preliminary Decision Time on the established deadline. administrative review, as provided by Memorandum can be accessed directly Commerce intends to issue the final section 751(a)(2)(C) of the Act: (1) The at https://enforcement.trade.gov/frn/ results of this administrative review, cash deposit rate for Industeel will be summary/france/france-fr.htm. The including the results of its analysis of equal to the weighted-average dumping signed and electronic versions of the issues raised in any written briefs, not margin established in the final results of Preliminary Decision Memorandum are later than 120 days after the date of this review, except if the rate is less identical in content. A list of the topics publication of this notice, unless than 0.50 percent and, therefore, de 12 discussed in the Preliminary Decision otherwise extended. minimis within the meaning of 19 CFR Memorandum is attached as an Assessment Rates 351.106(c)(1), in which case the cash Appendix to this notice. Upon completion of the deposit rate will be zero; (2) for Preliminary Results of the Review administrative review, Commerce shall companies not participating in this determine, and U.S. Customs and review, the cash deposit rate will As a result of this review, we continue to be the company-specific preliminarily determine that a Border Protection (CBP) shall assess, antidumping duties on all appropriate cash deposit rate published for the most weighted-average dumping margin of recently completed segment; (3) if the 5.29 percent exists for Industeel for the entries.13 Pursuant to 19 CFR 351.212(b)(1), we exporter is not a firm covered in this period November 14, 2016 through review, or the original less-than-fair- April 30, 2018. calculated importer-specific ad valorem duty assessment rates based on the ratio value (LTFV) investigation, but the Disclosure and Public Comment of the total amount of dumping producer is, the cash deposit rate will be the cash deposit rate established for the Commerce intends to disclose the calculated for the examined sales to the total entered value of the sales for which most recently completed segment for the calculations performed in connection producer of the merchandise; and (4) with these preliminary results to entered value was reported. Where either the respondent’s weighted- the cash deposit rate for all other interested parties within five days after producers or exporters will continue to the date of publication of this notice.5 average dumping margin is zero or de minimis within the meaning of 19 CFR be 6.15 percent, the all-others rate Interested parties may submit case briefs 15 351.106(c)(1), or an importer-specific established in the LTFV investigation. to Commerce no later than 30 days after These deposit requirements, when the date of publication of this notice.6 rate is zero or de minimis, we will instruct CBP to liquidate the appropriate imposed, shall remain in effect until Rebuttal briefs, limited to issues raised further notice. in the case briefs, may be filed no later entries without regard to antidumping than five days after the time limit for duties. We intend to instruct CBP to Notification to Importers 7 take into account the ‘‘provisional filing case briefs. Parties who submit This notice serves as a preliminary case briefs or rebuttal briefs in this measures deposit cap,’’ in accordance with 19 CFR 351.212(d). The final reminder to importers of their proceeding are encouraged to submit responsibility under 19 CFR 351.402(f) with each argument: (1) A statement of results of this review shall be the basis for the assessment of antidumping to file a certificate regarding the the issue; (2) a brief summary of the reimbursement of antidumping duties argument; and (3) a table of authorities.8 duties on entries of merchandise covered by the final results of this prior to liquidation of the relevant Case and rebuttal briefs should be filed entries during this review period. using ACCESS.9 review and for future deposits of estimated duties, where applicable. Failure to comply with this requirement Pursuant to 19 CFR 351.310(c), could result in Commerce’s interested parties who wish to request a Commerce’s ‘‘reseller policy’’ will apply to entries of subject merchandise presumption that reimbursement of hearing must submit a written request to antidumping duties occurred and the the Assistant Secretary for Enforcement during the period of review produced by and Compliance, U.S. Department of Industeel for which Industeel did not 14 For a full discussion of this practice, see Commerce, filed electronically via know that the merchandise it sold to the intermediary (e.g., a reseller, trading Antidumping and Countervailing Duty Proceedings: ACCESS within 30 days after the date of Assessment of Antidumping Duties, 68 FR 23954 publication of this notice.10 Hearing company, or exporter) was destined for (May 6, 2003). the United States. In such instances, we 15 See Certain Carbon and Alloy Steel Cut-To- 5 See 19 CFR 351.224(b). will instruct CBP to liquidate Length Plate from Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, the 6 See 19 CFR 351.309(c). unreviewed entries at the all-others rate Republic of Korea, and Taiwan: Amended Final 7 See 19 CFR 351.309(d). Affirmative Antidumping Determinations for 8 See 19 CFR 351.309(c)(2) and (d)(2). 11 See 19 CFR 351.310(d). France, the Federal Republic of Germany, the 9 See 19 CFR 351.303. 12 See section 751(a)(3)(A) of the Act. Republic of Korea, and Taiwan, and Antidumping 10 See 19 CFR 351.310(c). 13 See 19 CFR 351.212(b). Duty Orders, 82 FR 24096, 24098 (May 25, 2017).

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subsequent assessment of double Tariff Schedule of the United States in accordance with section 773 of the antidumping duties. (HTSUS) under item numbers: Act. 7208.40.3030, 7208.40.3060, For a full description of the Notification to Interested Parties 7208.51.0030, 7208.51.0045, methodology underlying our We are issuing and publishing these 7208.51.0060, 7208.52.0000, conclusions, see the Preliminary results in accordance with sections 7211.13.0000, 7211.14.0030, Decision Memorandum. The 751(a)(1) and 777(i)(1) of the Act. 7211.14.0045, 7225.40.1110, Preliminary Decision Memorandum is a Dated: July 10, 2019. 7225.40.1180, 7225.40.3005, public document and is on file electronically via Enforcement and Jeffrey I. Kessler, 7225.40.3050, 7226.20.0000, and 7226.91.5000. Although the HTSUS Compliance’s Antidumping and Assistant Secretary for Enforcement and Countervailing Duty Centralized Compliance. subheadings are provided for convenience and customs purposes, the Electronic Service System (ACCESS). Appendix written description of the merchandise ACCESS is available to registered users List of Topics Discussed in the Preliminary subject to this scope is dispositive.1 at https://access.trade.gov and to all Decision Memorandum SUPPLEMENTARY INFORMATION: parties in the Central Records Unit, Room B8024 of the main Commerce I. Summary Background building. In addition, a complete II. Background III. Scope of the Order On July 12, 2018, based on timely version of the Preliminary Decision IV. Discussion of the Methodology requests for review, in accordance with Memorandum can be accessed directly V. Currency Conversion 19 CFR 351.221(c)(1)(i), we initiated an at https://enforcement.trade.gov/frn/ VI. Recommendation administrative review on certain carbon summary/taiwan/taiwan-fr.htm. The [FR Doc. 2019–15197 Filed 7–16–19; 8:45 am] and alloy steel cut-to-length plate from signed and electronic versions of the 2 BILLING CODE 3510–DS–P Taiwan. This review covers 19 Preliminary Decision Memorandum are producers and/or exporters of subject identical in content. A list of the topics merchandise. In November 2018, we discussed in the Preliminary Decision DEPARTMENT OF COMMERCE extended the preliminary results of this Memorandum is attached as an review to no later than May 31, 2019.3 Appendix to this notice. International Trade Administration Commerce exercised its discretion to Preliminary Determination of No [A–583–858] toll all deadlines affected by the partial Shipments federal government closure from Among the companies under review,5 December 22, 2018 through the Certain Carbon and Alloy Steel Cut-to- China Steel Corporation (CSC), Chun resumption of operations on January 28, Length Plate From Taiwan: Preliminary Chi Grating Co., Ltd. (Chun Chi), and 2019.4 Accordingly, the revised Results of the Antidumping Duty Product Depot International Corp. deadline for the preliminary results of Administrative Review and Preliminary (Product Depot) properly filed this review is now July 10, 2019. For a Determination of No Shipments; 2016– statements that they had no shipments complete description of the events that 2018 of subject merchandise to the United followed the initiation of this review, States during the POR.6 Based on their AGENCY: Enforcement and Compliance, see the Preliminary Decision certifications and our analysis of U.S. International Trade Administration, Memorandum. Department of Commerce. Customs and Border Protection (CBP) Methodology information, we preliminarily determine SUMMARY: The Department of Commerce that CSC, Chun Chi, and Product Depot (Commerce) preliminarily determines Commerce is conducting this review in accordance with section 751(a) of the had no reviewable transactions during that producers and/or exporters subject the POR. Consistent with our practice, to this administrative review made sales Tariff Act of 1930, as amended (the Act). Export price and constructed export we are not preliminarily rescinding the of subject merchandise at less than review with respect to CSC, Chun Chi, normal value (NV). Interested parties are price are calculated in accordance with section 772 of the Act. NV is calculated or Product Depot, but, rather, we will invited to comment on these complete the review for these preliminary results of review. 1 companies and issue appropriate DATES: For a full description of the scope of the order Applicable July 17, 2019. see Memorandum, ‘‘Decision Memorandum for the instructions to CBP based on the final FOR FURTHER INFORMATION CONTACT: Preliminary Results of the 2016–2018 results of this review.7 Joshua Tucker or Ajay Menon, AD/CVD Administrative Review of the Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To- 5 Commerce also received a properly-filed no Operations, Office II, Enforcement and Length Plate from Taiwan,’’ dated concurrently Compliance, International Trade shipments statement from an additional company, with, and hereby adopted by, this notice Pat & Jeff Enterprise Co., Ltd. However, because we Administration, U.S. Department of (Preliminary Decision Memorandum). received no request for an administrative review for Commerce, 1401 Constitution Avenue 2 See Initiation of Antidumping and this company, we have not considered this no NW, Washington, DC 20230; telephone: Countervailing Duty Administrative Reviews, 83 FR shipments statement in this segment of the 32270 (July 12, 2018). (202) 482–2044 or (202) 482–1993, proceeding. 3 See Memorandum, ‘‘Certain Carbon and Alloy 6 See CSC’s Letter, ‘‘Administrative Review of the respectively. Steel Cut-To-Length Plate from Taiwan: Extension Antidumping Order on Carbon and Alloy Steel Cut- of the Deadline for Preliminary Results of the 2016– to-Length Plate from Taiwan for the 2016–18 Scope of the Order 2018 Antidumping Duty Administrative Review,’’ Review Period—No Shipments Letter’’ dated July The products covered by the order are dated November 30, 2018. 25, 2018; Product Depot’s Letter, ‘‘Carbon and Alloy 4 See Memorandum to the Record from Gary Steel Cut-to-Length Plate from Taiwan—No Sales certain carbon and alloy steel hot-rolled Taverman, Deputy Assistant Secretary for Letter,’’ dated July 24, 2018; and Chun Chi’s Letter, or forged flat plate products not in coils, Antidumping and Countervailing Duty Operations, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate whether or not painted, varnished, or performing the non-exclusive functions and duties from Taiwan Request to Amend Administrative coated with plastics or other non- of the Assistant Secretary for Enforcement and Protective Order—Request to Remove,’’ dated June metallic substances from Taiwan. Compliance, ‘‘Deadlines Affected by the Partial 28, 2019. Shutdown of the Federal Government,’’ dated 7 See, e.g., Certain Frozen Warmwater Shrimp Products subject to the order are January 28, 2019. All deadlines in this segment of from Thailand; Preliminary Results of Antidumping currently classified in the Harmonized the proceeding have been extended by 40 days. Continued

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Preliminary Results of the Review authorities.12 Case and rebuttal briefs final results of this review shall be the 13 As a result of this review, we should be filed using ACCESS. basis for the assessment of antidumping preliminarily determine the following Pursuant to 19 CFR 351.310(c), duties on entries of merchandise weighted-average dumping margin interested parties who wish to request a covered by the final results of this exists for the period November 14, 2016 hearing must submit a written request to review and for future deposits of through April 30, 2018: the Assistant Secretary for Enforcement estimated duties, where applicable. and Compliance, U.S. Department of Commerce’s ‘‘reseller policy’’ will Weighted- Commerce, filed electronically via apply to entries of subject merchandise average ACCESS within 30 days after the date of during the POR produced by SCS for Exporter/producer dumping publication of this notice.14 Hearing which SCS did not know that the margin requests should contain: (1) The party’s merchandise it sold to the intermediary (percent) name, address, and telephone number; (e.g., a reseller, trading company, or Shang Chen Steel Co., Ltd ...... 2.59 (2) the number of participants; and (3) exporter) was destined for the United a list of the issues to be discussed. States. In such instances, we will Review-Specific Rate Applicable to Issues raised in the hearing will be instruct CBP to liquidate unreviewed the Following Companies: 8 limited to issues raised in the briefs. If entries at the all-others rate if there is no a request for a hearing is made, parties rate for the intermediate company(ies) Dumping will be notified of the time and date for involved in the transaction.18 Exporter/producer margin the hearing to be held at the U.S. We intend to issue liquidation (percent) Department of Commerce, 1401 instructions to CBP 15 days after Broad Hand Enterprise Co., Ltd 2.59 Constitution Avenue NW, Washington, publication of the final results of this 15 C.H. Robinson Freight Services 2.59 DC 20230. review. An electronically-filed document Eci Taiwan Co., Ltd ...... 2.59 Cash Deposit Requirements Locksure Inc ...... 2.59 must be received successfully in its Nan Hoang Traffic Instrument entirety by ACCESS by 5 p.m. Eastern The following cash deposit Co ...... 2.59 Time on the established deadline. requirements will be effective for all New Marine Consolidator Co., Commerce intends to issue the final shipments of the subject merchandise Ltd ...... 2.59 results of this administrative review, entered, or withdrawn from warehouse, North America Mining Group including the results of its analysis of for consumption on or after the Co., Ltd ...... 2.59 issues raised in any written briefs, not publication date of the final results of Oriental Power Logistics Co., Ltd 2.59 Scanwell Logistics (Taiwan) ...... 2.59 later than 120 days after the date of this administrative review, as provided Shin Yang Steel Co., Ltd ...... 2.59 publication of this notice, unless by section 751(a)(2)(C) of the Act: (1) Shye Yao Steel Co., Ltd ...... 2.59 otherwise extended.16 The cash deposit rate for each specific Speedmark Consolidation ...... 2.59 company listed above will be equal to Sumeeko Industries Co., Ltd ...... 2.59 Assessment Rates the weighted-average dumping margin Triple Merits Ltd ...... 2.59 Upon completion of the established in the final results of this UKI Enterprise Co., Ltd ...... 2.59 administrative review, Commerce shall review, except if the rate is less than determine, and CBP shall assess, 0.50 percent and, therefore, de minimis Disclosure and Public Comment antidumping duties on all appropriate within the meaning of 19 CFR Commerce intends to disclose the entries. 351.106(c)(1), in which case the cash calculations performed in connection Pursuant to 19 CFR 351.212(b)(1), we deposit rate will be zero; (2) for with these preliminary results to calculated importer-specific ad valorem companies not participating in this interested parties within five days of the duty assessment rates based on the ratio review, the cash deposit rate will date of publication of this notice.9 of the total amount of dumping continue to be the company-specific Interested parties may submit case briefs calculated for the examined sales to the cash deposit rate published for the most to Commerce no later than 30 days after total entered value of the sales for which recently completed segment; (3) if the the date of publication of this notice.10 entered value was reported. Where exporter is not a firm covered in this Rebuttal briefs, limited to issues raised either the respondent’s weighted- review, or the original less-than-fair- in the case briefs, may be filed no later average dumping margin is zero or de value (LTFV) investigation, but the than five days after the time limit for minimis within the meaning of 19 CFR producer is, the cash deposit rate will be filing case briefs.11 Parties who submit 351.106(c)(1), or an importer-specific the cash deposit rate established for the case briefs or rebuttal briefs in this rate is zero or de minimis, we will most recently completed segment for the proceeding are encouraged to submit instruct CBP to liquidate the appropriate producer of the merchandise; and (4) with each argument: (1) A statement of entries without regard to antidumping the cash deposit rate for all other the issue; (2) a brief summary of the duties. We intend to instruct CBP to producers or exporters will continue to argument; and (3) a table of take into account the ‘‘provisional be 39.52 percent, the all-others rate measures deposit cap,’’ in accordance established in the LTFV investigation.19 with 19 CFR 351.212(d). For the Duty Administrative Review, Partial Rescission of These deposit requirements, when Review, Preliminary Determination of No companies which were not selected for Shipments; 2012–2013, 79 FR 15951, 15952 (March individual review, we will assign an 18 For a full discussion of this practice, see 24, 2014), unchanged in Certain Frozen Warmwater assessment rate based on the cash Antidumping and Countervailing Duty Proceedings: Shrimp from Thailand: Final Results of deposit rate calculated for SCS.17 The Assessment of Antidumping Duties, 68 FR 23954 Antidumping Duty Administrative Review, Final (May 6, 2003). Determination of No Shipments, and Partial 19 See Certain Carbon and Alloy Steel Cut-To- Rescission of Review; 2012–2013, 79 FR 51306, 12 See 19 CFR 351.309(c)(2) and (d)(2). Length Plate from Austria, Belgium, France, the 51307 (August 28, 2014). 13 See 19 CFR 351.303. Federal Republic of Germany, Italy, Japan, the 8 14 This rate is the rate calculated for SCS. See See 19 CFR 351.310(c). Republic of Korea, and Taiwan: Amended Final section 735(c)(5)(A) of the Act. 15 See 19 CFR 351.310(d). Affirmative Antidumping Determinations for 9 See 19 CFR 351.224(b). 16 See section 751(a)(3)(A) of the Act. France, the Federal Republic of Germany, the 10 See 19 CFR 351.309(c). 17 This rate was calculated as discussed in Republic of Korea and Taiwan, and Antidumping 11 See 19 CFR 351.309(d). footnote 8, above. Duty Orders, 82 FR 24096 (May 25, 2017).

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imposed, shall remain in effect until Operations, Office II, Enforcement and resumption of operations on January 28, further notice. Compliance, International Trade 2019.3 On February 28, 2019, Commerce Administration, U.S. Department of Notification to Importers extended the preliminary results of this Commerce, 1401 Constitution Avenue review by 120 days, until July 10, 2019.4 This notice serves as a preliminary NW, Washington, DC 20230; telephone: For a complete description of the events reminder to importers of their (202) 482–1959 or (202) 482–3860, that followed the initiation of this responsibility under 19 CFR respectively. review, see the Preliminary Decision 351.402(f)(2) to file a certificate Memorandum. regarding the reimbursement of Scope of the Order antidumping duties prior to liquidation The products covered by the order are Methodology of the relevant entries during this certain carbon and alloy steel hot-rolled review period. Failure to comply with or forged flat plate products not in coils, Commerce is conducting this review this requirement could result in whether or not painted, varnished, or in accordance with section 751(a)(1)(B) Commerce’s presumption that coated with plastics or other non- and (2) of the Tariff Act of 1930, as reimbursement of antidumping duties metallic substances from Belgium. amended (the Act). Export price and occurred and the subsequent assessment Products subject to the order are constructed export price are calculated of double antidumping duties. currently classified in the Harmonized in accordance with section 772 of the Tariff Schedule of the United States Act. NV is calculated in accordance Notification to Interested Parties (HTSUS) under item numbers: with section 773 of the Act. We are issuing and publishing these 7208.40.3030, 7208.40.3060, For a full description of the results in accordance with sections 7208.51.0030, 7208.51.0045, 751(a)(1) and 777(i)(1) of the Act. methodology underlying our 7208.51.0060, 7208.52.0000, conclusions, see the Preliminary 7211.13.0000, 7211.14.0030, Dated: July 10, 2019. Decision Memorandum. The 7211.14.0045, 7225.40.1110, Jeffrey I. Kessler, Preliminary Decision Memorandum is a 7225.40.1180, 7225.40.3005, Assistant Secretary for Enforcement and public document and is on file Compliance. 7225.40.3050, 7226.20.0000, and 7226.91.5000. Although the HTSUS electronically via Enforcement and Appendix subheadings are provided for Compliance’s Antidumping and Countervailing Duty Centralized List of Topics Discussed in the Preliminary convenience and customs purposes, the Decision Memorandum written description of the merchandise Electronic Service System (ACCESS). 1 ACCESS is available to registered users I. Summary subject to this scope is dispositive. II. Background SUPPLEMENTARY INFORMATION: at https://access.trade.gov, and to all III. Scope of the Order parties in the Central Records Unit, IV. Preliminary Determination of No Background Room B8024 of the main Commerce Shipments On July 12, 2018, based on timely building. In addition, a complete V. Companies Not Selected for Individual requests for review, in accordance with version of the Preliminary Decision Examination 19 CFR 351.221(c)(1)(i), we initiated an Memorandum can be accessed directly VI. Discussion of the Methodology administrative review on certain carbon VII. Currency Conversion at https://enforcement.trade.gov/frn/ VIII. Recommendation and alloy steel cut-to-length plate from summary/belgium/belgium-fr.htm. The Belgium.2 This review covers eight [FR Doc. 2019–15195 Filed 7–16–19; 8:45 am] signed and electronic versions of the producers and exporters of the subject Preliminary Decision Memorandum are BILLING CODE 3510–DS–P merchandise. Commerce selected two identical in content. A list of the topics companies, Industeel Belgium S.A. discussed in the Preliminary Decision DEPARTMENT OF COMMERCE (Industeel) and NLMK Clabecq S.A./ Memorandum is attached as an NLMK Plate Sales S.A./NLMK Sales Appendix to this notice. International Trade Administration Europe S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A. (NLMK Preliminary Results of the Review [A–423–812] Belgium), for individual examination. The producers and or exporters not As a result of this review, we Certain Carbon and Alloy Steel Cut-To- selected for individual examination are preliminarily determine that weighted- Length Plate From Belgium: listed in the ‘‘Preliminary Results of the average dumping margins exist for the Preliminary Results of Antidumping Review’’ section of this notice. respondents for the period November Duty Administrative Review; 2016– Commerce exercised its discretion to 14, 2016 through April 30, 2018, as 2018 toll all deadlines affected by the partial follows: AGENCY: Enforcement and Compliance, federal government closure from International Trade Administration, December 22, 2018 through the Department of Commerce. 3 See Memorandum to the Record from Gary 1 Taverman, Deputy Assistant Secretary for SUMMARY: The Department of Commerce For a full description of the scope of the order, see Memorandum, ‘‘Decision Memorandum for the Antidumping and Countervailing Duty Operations, (Commerce) preliminarily determines Preliminary Results of the 2016–2018 performing the non-exclusive functions and duties that the producers/exporters subject to Administrative Review of the Antidumping Duty of the Assistant Secretary for Enforcement and this administrative review made sales of Order on Certain Carbon and Alloy Steel Cut-To- Compliance, ‘‘Deadlines Affected by the Partial subject merchandise at less than normal Length Plate from Belgium,’’ dated concurrently Shutdown of the Federal Government,’’ dated with, and hereby adopted by, this notice January 28, 2019. All deadlines in this segment of value (NV). Interested parties are invited (Preliminary Decision Memorandum). the proceeding have been extended by 40 days. to comment on these preliminary results 2 See Initiation of Antidumping and 4 of review. Countervailing Duty Administrative Reviews, 83 FR See Memorandum, ‘‘Carbon and Alloy Steel Cut- to-Length Plate from Belgium: Extension of DATES: Applicable July 17, 2019. 32270 (July 12, 2018), as corrected by Initiation of Antidumping and Countervailing Duty Deadline for Preliminary Results of 2016 -2018 FOR FURTHER INFORMATION CONTACT: Alex Administrative Reviews, 83 FR 45596 (September Antidumping Duty Administrative Review,’’ dated Wood or Brittany Bauer, AD/CVD 10, 2018). February 28, 2019.

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Weighted- requests should contain: (1) The party’s duties on entries of merchandise average name, address, and telephone number; covered by the final results of this Exporter/producer dumping (2) the number of participants; and (3) review and for future deposits of margin (percent) a list of issues to be discussed. Issues estimated duties, where applicable. raised in the hearing will be limited to Commerce’s ‘‘reseller policy’’ will Industeel Belgium S.A ...... 4.91 issues raised in the briefs. If a request apply to entries of subject merchandise NLMK Clabecq S.A./NLMK Plate for a hearing is made, parties will be during the POR produced by companies Sales S.A./NLMK Sales Eu- notified of the time and date for the included in these final results of review rope S.A./NLMK Manage Steel hearing to be held at the U.S. for which the reviewed companies did Center S.A./NLMK La Louvire Department of Commerce, 1401 not know that the merchandise they S.A ...... 13.27 Constitution Avenue NW, Washington, sold to the intermediary (e.g., a reseller, DC 20230.12 Review-Specific Average Rate trading company, or exporter) was An electronically-filed document Applicable to the Following destined for the United States. In such must be received successfully in its Companies: 5 instances, we will instruct CBP to entirety by ACCESS by 5 p.m. Eastern liquidate unreviewed entries at the all- Weighted- Time on the established deadline. others rate if there is no rate for the average Commerce intends to issue the final intermediate company(ies) involved in Exporter/producer dumping results of this administrative review, the transaction.15 margin including the results of its analysis of (percent) We intend to issue liquidation issues raised in any written briefs, not instructions to CBP 15 days after Hengelhoef Concrete Joints NV 11.36 later than 120 days after the date of publication of the final results of this Sarens NV ...... 11.36 publication of this notice, unless review. Thyssenkrupp Materials Belgium otherwise extended.13 N.V ...... 11.36 Cash Deposit Requirements Universal Eisen und Stahl GmbH 11.36 Assessment Rates The following deposit requirements Valvan Baling Systems ...... 11.36 Upon completion of the Voestalpine Belgium NV ...... 11.36 will be effective for all shipments of the administrative review, Commerce shall subject merchandise entered, or determine, and U.S. Customs and Disclosure and Public Comment withdrawn from warehouse, for Border Protection (CBP) shall assess, consumption on or after the publication Commerce intends to disclose the antidumping duties on all appropriate date of the final results of this calculations performed in connection entries. administrative review, as provided by Pursuant to 19 CFR 351.212(b)(1), with these preliminary results to section 751(a)(2)(C) of the Act: (1) The where the respondents reported the interested parties within five days after cash deposit rate for the exporters listed 6 entered value of their U.S. sales, we the date of publication of this notice. above will be equal to the weighted- calculated importer-specific ad valorem Interested parties may submit case briefs average dumping margin established in duty assessment rates based on the ratio to Commerce no later than 30 days after the final results of this review, except if of the total amount of dumping the date of publication of this notice or the rate is less than 0.50 percent and, calculated for the examined sales to the seven days after the date on which the therefore, de minimis within the total entered value of the sales for which final verification report is issued in this meaning of 19 CFR 351.106(c)(1), in 7 entered value was reported. Where the proceeding. Rebuttal briefs, limited to which case the cash deposit rate will be respondents did not report entered issues raised in the case briefs, may be zero; (2) for companies not participating value, we calculated the entered value filed no later than five days after the in this review, the cash deposit rate will 8 in order to calculate the assessment rate. time limit for filing case briefs. Parties continue to be the company-specific who submit case briefs or rebuttal briefs Where either the respondent’s weighted- cash deposit rate published for the most in this proceeding are encouraged to average dumping margin is zero or de recently completed segment; (3) if the submit with each argument: (1) A minimis within the meaning of 19 CFR exporter is not a firm covered in this statement of the issue; (2) a brief 351.106(c)(1), or an importer-specific review, or the original less-than-fair- summary of the argument; and (3) a rate is zero or de minimis, we will value (LTFV) investigation, but the table of authorities.9 Case and rebuttal instruct CBP to liquidate the appropriate producer is, the cash deposit rate will be briefs should be filed using ACCESS.10 entries without regard to antidumping the cash deposit rate established for the Pursuant to 19 CFR 351.310(c), duties. We intend to instruct CBP to most recently completed segment for the interested parties who wish to request a take into account the ‘‘provisional producer of the merchandise; and (4) hearing must submit a written request to measures deposit cap,’’ in accordance the cash deposit rate for all other the Assistant Secretary for Enforcement with 19 CFR 351.212(d). producers or exporters will continue to and Compliance, U.S. Department of For the companies which were not be 5.40 percent, the all-others rate Commerce, filed electronically via selected for individual review, we will established in the LTFV investigation.16 ACCESS within 30 days after the date of assign an assessment rate based on the These deposit requirements, when publication of this notice.11 Hearing average 14 of the cash deposit rates calculated for Industeel and NLMK 15 5 This rate is based on the rates for the Belgium, excluding any which are zero, For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: respondents that were selected for individual de minimis or determined entirely based review, excluding rates that are zero, de minimis or Assessment of Antidumping Duties, 68 FR 23954 based entirely on facts available. See section on adverse facts available. The final (May 6, 2003). 735(c)(5)(A) of the Act. results of this review shall be the basis 16 See Certain Carbon and Alloy Steel Cut-To- 6 See 19 CFR 351.224(b). for the assessment of antidumping Length Plate from Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, the 7 See 19 CFR 351.309(c). Republic of Korea, and Taiwan: Amended Final 8 See 19 CFR 351.309(d). 12 See 19 CFR 351.310(d). Affirmative Antidumping Determinations for 9 See 19 CFR 351.309(c)(2) and (d)(2). 13 See Section 751(a)(3)(A) of the Act. France, the Federal Republic of Germany, the 10 See 19 CFR 351.303. 14 This rate was calculated as discussed in Republic of Korea and Taiwan, and Antidumping 11 See 19 CFR 351.310(c). footnote 5, above. Duty Orders, 82 FR 24096, 24098 (May 25, 2017).

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imposed, shall remain in effect until DATES: Applicable July 17, 2019. deadline for the preliminary results of further notice. FOR FURTHER INFORMATION CONTACT: Ian this review is now July 10, 2019. For a complete description of the events that Notification to Importers Hamilton, AD/CVD Operations, Office II, Enforcement and Compliance, followed the initiation of this review, This notice serves as a preliminary International Trade Administration, see the Preliminary Decision reminder to importers of their U.S. Department of Commerce, 1401 Memorandum. responsibility under 19 CFR Constitution Avenue NW, Washington, Methodology 351.402(f)(2) to file a certificate DC 20230; telephone: (202) 482–4798. regarding the reimbursement of Commerce is conducting this review antidumping duties prior to liquidation Scope of the Order in accordance with sections 751(a)(1)(B) of the relevant entries during this The products covered by the order are and (2) of the Tariff Act of 1930, as review period. Failure to comply with flat-rolled, cold-reduced steel products, amended (the Act). Export price is this requirement could result in regardless of chemistry, whether or not calculated in accordance with section Commerce’s presumption that in coils, either plated or coated with 772 of the Act. NV is calculated in reimbursement of antidumping duties nickel or nickel-based alloys and accordance with section 773 of the Act. occurred and the subsequent assessment subsequently annealed (i.e., ‘‘diffusion For a full description of the of double antidumping duties. annealed’’), whether or not painted, methodology underlying our Notification to Interested Parties varnished or coated with plastics or conclusions, see the Preliminary other metallic or nonmetallic substances Decision Memorandum. The We are issuing and publishing these from Japan. Products subject to the Preliminary Decision Memorandum is a results in accordance with sections order are currently classified in the public document and is on file 751(a)(1) and 777(i)(1) of the Act. Harmonized Tariff Schedule of the electronically via Enforcement and Dated: July 10, 2019. United States (HTSUS) subheadings Compliance’s Antidumping and Jeffrey I. Kessler, 7212.50.0000 and 7210.90.6000. Countervailing Duty Centralized Assistant Secretary for Enforcement and Although the HTSUS subheadings are Electronic Service System (ACCESS). Compliance. provided for convenience and customs ACCESS is available to registered users Appendix purposes, the written description of the at https://access.trade.gov and to all merchandise subject to this scope is parties in the Central Records Unit, List of Topics Discussed in the Preliminary dispositive.1 Room B8024 of the main Commerce Decision Memorandum SUPPLEMENTARY INFORMATION: building. In addition, a complete I. Summary version of the Preliminary Decision II. Background Background Memorandum can be accessed directly III. Scope of the Order On July 12, 2018, based on a timely at https://enforcement.trade.gov/frn/ IV. Companies Not Selected for Individual summary/japan/japan-fr.htm. The Examination request for review, in accordance with V. Discussion of the Methodology 19 CFR 351.221(c)(1)(i), we initiated an signed and electronic versions of the VI. Currency Conversion administrative review on diffusion- Preliminary Decision Memorandum are VII. Recommendation annealed, nickel-plated, flat-rolled steel identical in content. A list of the topics 2 [FR Doc. 2019–15198 Filed 7–16–19; 8:45 am] products from Japan. This review discussed in the Preliminary Decision Memorandum is attached as an BILLING CODE 3510–DS–P covers two producers and exporters of the subject merchandise. In November Appendix to this notice. 2018, we extended the preliminary Preliminary Determination of No DEPARTMENT OF COMMERCE results of this review to no later than Shipments May 31, 2019.3 Commerce exercised its International Trade Administration discretion to toll all deadlines affected Nippon Steel & Sumitomo Metal Corporation (Nippon Steel) properly [A–588–869] by the partial federal government closure from December 22, 2018 through filed its certification that it had no Diffusion-Annealed, Nickel-Plated Flat- the resumption of operations on January shipments of subject merchandise to the Rolled Steel Products From Japan: 28, 2019.4 Accordingly, the revised United States during the POR.5 There is Preliminary Results of the no information on the record which Antidumping Duty Administrative 1 For a full description of the scope of the order, contradicts Nippon Steel’s no shipment Review and Preliminary Determination see Memorandum, ‘‘Decision Memorandum for the certification. Therefore, based on the Preliminary Results of the 2017–2018 evidence on the record, we of No Shipments; 2017–2018 Administrative Review of the Antidumping Duty Order on Diffusion-Annealed, Nickel-Plated Flat- preliminarily determine that Nippon AGENCY: Enforcement and Compliance, Rolled Steel Products from Japan,’’ dated Steel had no shipments of subject International Trade Administration, concurrently with, and hereby adopted by, this merchandise to the United States during Department of Commerce. notice (Preliminary Decision Memorandum). the POR. Consistent with our practice, 2 SUMMARY: See Initiation of Antidumping and The Department of Commerce Countervailing Duty Administrative Reviews, 83 FR we are not preliminarily rescinding the (Commerce) preliminarily determines 32270 (July 12, 2018). review with respect to Nippon Steel, that one of the producers/exporters 3 See Memorandum, ‘‘Diffusion-Annealed, but, rather, we will complete the review subject to this administrative review did Nickel-Plated Flat-Rolled Steel Products from for this company and issue appropriate not make sales of subject merchandise at Japan: Extension of the Deadline for Preliminary instructions to U.S. Customs and Border Results of the 2017–2018 Antidumping Duty less than normal value (NV) and the Administrative Review,’’ dated November 30, 2018. other made no sales of subject 4 See Memorandum to the Record from Gary January 28, 2019. All deadlines in this segment of merchandise during the period of Taverman, Deputy Assistant Secretary for the proceeding have been extended by 40 days. review (POR) May 1, 2017 through April Antidumping and Countervailing Duty Operations, 5 See Nippon Steel’s Letter, ‘‘Diffusion-Annealed performing the non-exclusive functions and duties Nickel-Plated Flat-Rolled Steel Products from 30, 2018. Interested parties are invited of the Assistant Secretary for Enforcement and Japan: Certification of No U.S. Sales During to comment on these preliminary results Compliance, ‘‘Deadlines Affected by the Partial Administrative Review Period,’’ dated August 20, of review. Shutdown of the Federal Government,’’ dated 2018.

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Protection (CBP) based on the final entirety by ACCESS by 5 p.m. Eastern that established in the final results of results of this review.6 Time on the established deadline. this review, except if the rate is less Commerce intends to issue the final Preliminary Results of the Review than 0.50 percent and, therefore, de results of this administrative review, minimis within the meaning of 19 CFR As a result of this review, we including the results of its analysis of 351.106(c)(1), in which case the cash preliminarily determine that a issues raised in any written briefs, not deposit rate will be zero; (2) for weighted-average dumping margin of later than 120 days after the date of companies not participating in this 0.00 percent exists for Toyo Kohan Co., publication of this notice, unless review, the cash deposit rate will Ltd. (Toyo Kohan) for the period May 1, 14 otherwise extended. continue to be the company-specific 2017 through April 30, 2018. Assessment Rates cash deposit rate published for the most Disclosure and Public Comment Upon completion of the recently completed segment; (3) if the Commerce intends to disclose the administrative review, Commerce shall exporter is not a firm covered in this or calculations performed in connection determine, and CBP shall assess, a previous administrative review, or the with these preliminary results to antidumping duties on all appropriate original less-than-fair-value (LTFV) interested parties within five days after entries. investigation, but the producer is, the the date of publication of this notice.7 Pursuant to 19 CFR 351.212(b)(1), we cash deposit rate will be the cash Interested parties may submit case briefs calculated importer-specific ad valorem deposit rate established for the most to Commerce no later than 30 days after duty assessment rates based on the ratio recent segment for the producer of the the date of publication of this notice.8 of the total amount of dumping merchandise; and (4) the cash deposit Rebuttal briefs, limited to issues raised calculated for the examined sales to the rate for all other producers or exporters in the case briefs, may be filed no later total entered value of the sales for which will continue to be 45.42 percent, the than five days after the time limit for entered value was reported. Where all-others rate established in the LTFV filing case briefs.9 Parties who submit either the respondent’s weighted- investigation.16 These deposit case briefs or rebuttal briefs in this average dumping margin is zero or de requirements, when imposed, shall proceeding are encouraged to submit minimis within the meaning of 19 CFR remain in effect until further notice. with each argument: (1) A statement of 351.106(c)(1), or an importer-specific the issue; (2) a brief summary of the rate is zero or de minimis, we will Notification to Importers argument; and (3) a table of instruct CBP to liquidate the appropriate This notice serves as a preliminary authorities.10 Case and rebuttal briefs entries without regard to antidumping should be filed using ACCESS.11 duties. The final results of this review reminder to importers of their Pursuant to 19 CFR 351.310(c), shall be the basis for the assessment of responsibility under 19 CFR interested parties who wish to request a antidumping duties on entries of 351.402(f)(2) to file a certificate hearing must submit a written request to merchandise covered by the final results regarding the reimbursement of the Assistant Secretary for Enforcement of this review and for future deposits of antidumping duties prior to liquidation and Compliance, U.S. Department of estimated duties, where applicable. of the relevant entries during this Commerce, filed electronically via Commerce’s ‘‘reseller policy’’ will review period. Failure to comply with ACCESS within 30 days after the date of apply to entries of subject merchandise this requirement could result in the publication of this notice.12 Hearing during the POR produced by Toyo Secretary’s presumption that requests should contain: (1) The party’s Kohan for which Toyo Kohan did not reimbursement of antidumping duties name, address, and telephone number; know that the merchandise it sold to the occurred and the subsequent assessment (2) the number of participants; and (3) intermediary (e.g., a reseller, trading of double antidumping duties. a list of issues to be discussed. Issues company, or exporter) was destined for Notification to Interested Parties raised in the hearing will be limited to the United States. In such instances, we issues raised in the briefs. If a request will instruct CBP to liquidate We are issuing and publishing these for a hearing is made, parties will be unreviewed entries at the all-others rate results in accordance with sections notified of the time and date for the if there is no rate for the intermediate 751(a)(1) and 777(i)(1) of the Act. hearing to be held at the U.S. company(ies) involved in the Department of Commerce, 1401 transaction.15 Dated: July 10, 2019. Constitution Avenue NW, Washington, We intend to issue liquidation Jeffrey I. Kessler, DC 20230.13 instructions to CBP 15 days after Assistant Secretary for Enforcement and An electronically-filed document publication of the final results of this Compliance. must be received successfully in its review. Appendix—List of Topics Discussed in 6 See, e.g., Certain Frozen Warmwater Shrimp Cash Deposit Requirements the Preliminary Decision Memorandum from Thailand; Preliminary Results of Antidumping The following deposit requirements Duty Administrative Review, Partial Rescission of I. Summary Review, Preliminary Determination of No will be effective for all shipments of the II. Background Shipments; 2012–2013, 79 FR 15951, 15952 (March subject merchandise entered, or III. Scope of the Order 24, 2014), unchanged in Certain Frozen Warmwater withdrawn from warehouse, for IV. Preliminary Determination of No Shrimp from Thailand: Final Results of consumption on or after the publication Antidumping Duty Administrative Review, Final Shipments Determination of No Shipments, and Partial date of the final results of this V. Discussion of the Methodology Rescission of Review; 2012–2013, 79 FR 51306, administrative review, as provided by VI. Currency Conversion 51307 (August 28, 2014). section 751(a)(2)(C) of the Act: (1) The VII. Recommendation 7 See 19 CFR 351.224(b). cash deposit rate for Toyo Kohan will be [FR Doc. 2019–15192 Filed 7–16–19; 8:45 am] 8 See 19 CFR 351.309(c). 9 BILLING CODE 3510–DS–P See 19 CFR 351.309(d). 14 See section 751(a)(3)(A) of the Act. 10 See 19 CFR 351.309(c)(2) and (d)(2). 15 For a full discussion of this practice, see 11 See 19 CFR 351.303. Antidumping and Countervailing Duty Proceedings: 16 See Diffusion-Annealed, Nickel-Plated Flat- 12 See 19 CFR 351.310(c). Assessment of Antidumping Duties, 68 FR 23954 Rolled Steel Products from Japan: Antidumping 13 See 19 CFR 351.310(d). (May 6, 2003). Duty Order, 79 FR 30816 (May 29, 2014).

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DEPARTMENT OF COMMERCE selected to participate in the program. they also will become a matter of public Once educators are selected and record. National Oceanic and Atmospheric participate on a cruise, they write a Sheleen Dumas, Administration report detailing the events of the cruise and ideas for classroom activities based Departmental Lead PRA Officer, Office of the Proposed Information Collection; Chief Information Officer, Commerce on what they learned while at sea. Department. Comment Request; NOAA’s Teacher at These materials are then made available Sea Program to other educators so they may benefit [FR Doc. 2019–15181 Filed 7–16–19; 8:45 am] BILLING CODE 3510–22–P AGENCY: National Oceanic and from the experience, without actually Atmospheric Administration (NOAA), going to sea themselves. NOAA does not Commerce. collect information from this universe of DEPARTMENT OF COMMERCE respondents for any other purpose. ACTION: Notice. II. Method of Collection National Oceanic and Atmospheric SUMMARY: The Department of Administration Commerce, as part of its continuing Forms can be completed online and effort to reduce paperwork and submitted electronically, and/or printed Proposed Information Collection; respondent burden, invites the general and mailed. Comment Request; Survey To Develop public and other Federal agencies to Estimates of Marine-Related Economic III. Data take this opportunity to comment on Activity in the United States proposed and/or continuing information OMB Control Number: 0648–0283. AGENCY: National Oceanic and collections, as required by the Form Number: None. Atmospheric Administration (NOAA), Paperwork Reduction Act of 1995. Commerce. DATES: Written comments must be Type of Review: Regular submission ACTION: Notice. submitted on or before September 16, (extension of a current information 2019. collection). SUMMARY: The Department of ADDRESSES: Direct all written comments Affected Public: Individuals or Commerce, as part of its continuing to Adrienne Thomas, Government households. effort to reduce paperwork and Information Specialist, NOAA, 151 Estimated Number of Respondents: respondent burden, invites the general Patton Avenue, Room 159, Asheville, 375. public and other Federal agencies to NC 28801 (or via the internet at take this opportunity to comment on Estimated Time per Response: 45 proposed and/or continuing information [email protected]). All comments minutes to read and complete received are part of the public record. collections, as required by the application, 15 minutes to complete a Paperwork Reduction Act of 1995. All Personally Identifiable Information Health Services Questionnaire, 15 (for example, name and address) minutes to deliver and discuss DATES: Written comments must be voluntarily submitted by the commenter recommendation forms to persons from submitted on or before September 16, may be publicly accessible. Do not whom recommendations are being 2019. submit Confidential Business requested, 15 minutes for those persons ADDRESSES: Direct all written comments Information or otherwise sensitive or to complete a recommendation form, to Adrienne Thomas, Government protected information. and 2 hours for a follow-up report. Information Specialist, NOAA, 151 FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden Patton Avenue, Room 159, Asheville, Requests for additional information or Hours: 309. NC 28801 (or via the internet at copies of the information collection [email protected]). All comments instrument and instructions should be Estimated Total Annual Cost to received are part of the public record. directed to Jennifer Hammond, (301) Public: $221. All Personally Identifiable Information 427–8039, or jennifer.hammond@ IV. Request for Comments (for example, name and address) noaa.gov. voluntarily submitted by the commenter Comments are invited on: (a) Whether SUPPLEMENTARY INFORMATION: may be publicly accessible. Do not the proposed collection of information submit Confidential Business I. Abstract is necessary for the proper performance Information or otherwise sensitive or This request is for extension of a of the functions of the agency, including protected information. current information collection. whether the information shall have FOR FURTHER INFORMATION CONTACT: NOAA provides educators an practical utility; (b) the accuracy of the Requests for additional information or opportunity to gain first-hand agency’s estimate of the burden copies of the information collection experience with field research activities (including hours and cost) of the instrument and instructions should be through the NOAA Teacher at Sea proposed collection of information; (c) directed to Kate Quigley, Office for Program. Through this program, ways to enhance the quality, utility, and Coastal Management, 2234 S Hobson educators spend up to 4 weeks at sea on clarity of the information to be Avenue, Charleston, SC 29405–2413; a NOAA research vessel, participating collected; and (d) ways to minimize the telephone: 843–740–1155; email: in an on-going research project with burden of the collection of information [email protected]. on respondents, including through the NOAA scientists. The application SUPPLEMENTARY INFORMATION: solicits information from interested use of automated collection techniques educators: Basic personal information, or other forms of information I. Abstract teaching experience, and ideas for technology. This is a request for a new collection applying program experience in their Comments submitted in response to of information. classrooms, plus two recommendations this notice will be summarized and/or The objective of the survey is to and a NOAA Health Services included in the request for OMB collect information from manufacturers Questionnaire required of anyone approval of this information collection; of technology used in marine related

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businesses. This data collection is Type of Review: Regular submission (ADOT&PF) for authorization to take needed for use by the National Oceanic (new information collection). marine mammals incidental to two and Atmospheric Administration Affected Public: Business or other for- years of activity related to ferry berth (NOAA) to describe the group of profit organizations. improvements and construction in businesses that comprise the marine Estimated Number of Respondents: Tongass Narrows, near Ketchikan, AK. technology sector of the economy. 1,000. Pursuant to the Marine Mammal NOAA describes the marine economy of Estimated Time per Response: 8 Protection Act (MMPA), NMFS is the United States and this information minutes. requesting comments on its proposal to is used by decision-makers to make Estimated Total Annual Burden issue two consecutive incidental policy decisions. NOAA’s mission is to Hours: 133 hours. harassment authorizations (IHAs) to understand and predict changes in Estimated Total Annual Cost to incidentally take marine mammals climate, weather, oceans, and coasts, to Public: $0 in reporting/recordkeeping. during the specified activities. The share that knowledge and information IV. Request for Comments marine construction associated with the with others, and to conserve and proposed activities will occur during manage coastal and marine ecosystems Comments are invited on: (a) Whether two distinct year-long phases, and and resources. NOAA is authorized to the proposed collection of information incidental take associated with these engage in estimation of the ocean is necessary for the proper performance phases would be authorized in separate, economy under the Coastal Zone of the functions of the agency, including consecutive IHAs. NMFS is also Management Act, 16 U.S.C. 1456c. whether the information shall have requesting comments on a possible one- NOAA is responsible for measuring the practical utility; (b) the accuracy of the year renewal for each IHA that could be size of the ocean economy, including agency’s estimate of the burden issued under certain circumstances and developing metrics for the number of (including hours and cost) of the if all requirements are met, as described establishments, number of employees, proposed collection of information; (c) in Request for Public Comments at the wages, and GDP for six economic ways to enhance the quality, utility, and end of this notice. NMFS will consider sectors within the ocean economy: clarity of the information to be public comments prior to making any Living Resources, Marine Construction, collected; and (d) ways to minimize the final decision on the issuance of the Marine Transportation, Offshore burden of the collection of information requested MMPA authorizations and Mineral Resources, Ship and Boat on respondents, including through the agency responses will be summarized in Building, and Tourism and Recreation. use of automated collection techniques the final notice of our decision. NOAA publishes these metrics as part of or other forms of information DATES: Comments and information must the Economics: National Ocean Watch technology. be received no later than August 16, (ENOW) dataset on the Digital Coast Comments submitted in response to 2019. this notice will be summarized and/or website. ADDRESSES: Comments should be The information collected from included in the request for OMB addressed to Jolie Harrison, Chief, manufacturers of technology used in approval of this information collection; Permits and Conservation Division, marine related businesses will include they also will become a matter of public Office of Protected Resources, National (1) total revenue, (2) the proportion of record. Marine Fisheries Service. Physical revenue derived from marine related Sheleen Dumas, comments should be sent to 1315 East- products and services and (3) Departmental Lead PRA Officer, Office of the West Highway, Silver Spring, MD 20910 information about sales going to Chief Information Officer, Commerce and electronic comments should be sent consumers, businesses, and government. Department. to [email protected]. This information will be used to better [FR Doc. 2019–15215 Filed 7–16–19; 8:45 am] Instructions: NMFS is not responsible understand marine related production BILLING CODE 3510–JE–P for comments sent by any other method, of products and services by different to any other address or individual, or manufacturers of technology used in received after the end of the comment marine related businesses. This DEPARTMENT OF COMMERCE period. Comments received information will be used to inform electronically, including all National Oceanic and Atmospheric NOAA’s understanding about this group attachments, must not exceed a 25- Administration of businesses that comprise the marine megabyte file size. Attachments to technology sector as part of NOAA’s RIN 0648–XG907 electronic comments will be accepted in estimation of the ocean economy. Microsoft Word or Excel or Adobe PDF II. Method of Collection Takes of Marine Mammals Incidental to file formats only. All comments Specified Activities; Taking Marine received are a part of the public record The primary data collection vehicle Mammals Incidental to Ferry Berth will be an internet-based, survey and will generally be posted online at Improvements in Tongass Narrows, https://www.fisheries.noaa.gov/permit/ distributed to manufacturers of Alaska technology used in marine related incidental-take-authorizations-under- businesses. Respondents will volunteer AGENCY: National Marine Fisheries marine-mammal-protection-act without to participate in the survey and choose Service (NMFS), National Oceanic and change. All personal identifying which questions to answer. Telephone Atmospheric Administration (NOAA), information (e.g., name, address) and personal interview may be Commerce. voluntarily submitted by the commenter may be publicly accessible. Do not employed to supplement and verify ACTION: Notice; two proposed incidental submit confidential business survey responses. All responses will be harassment authorizations; request for information or otherwise sensitive or kept confidential in accordance with comments on proposed authorizations protected information. government confidentiality procedures. and possible renewals. FOR FURTHER INFORMATION CONTACT: Rob III. Data SUMMARY: NMFS has received a request Pauline, Office of Protected Resources, OMB Control Number: 0648–XXXX. from the Alaska Department of NMFS, (301) 427–8401. Electronic Form Number(s): None. Transportation and Public Facilities copies of the application and supporting

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documents, as well as a list of the the quality of the human environment will provide redundant ferry berths to references cited in this document, may and for which we have not identified increase reliability. Ketchikan is be obtained online at: https:// any extraordinary circumstances that Alaska’s fifth largest city, with a www.fisheries.noaa.gov/permit/ would preclude this categorical population of approximately 8,125, and incidental-take-authorizations-under- exclusion. Accordingly, NMFS has numerous marine facilities including marine-mammal-protection-act. In case preliminarily determined that the fishing infrastructure, cruise and ferry of problems accessing these documents, issuance of the two proposed IHAs terminals, and shipyards. please call the contact listed above. qualifies to be categorically excluded Planned construction includes the SUPPLEMENTARY INFORMATION: from further NEPA review. installation of new ferry facilities and We will review all comments the renovation of existing structures. Background submitted in response to this notice The marine construction associated The MMPA prohibits the ‘‘take’’ of prior to concluding our NEPA process with the proposed activities will occur marine mammals, with certain or making a final decision on the IHA during two distinct year-long phases, exceptions. Sections 101(a)(5)(A) and requests. and take associated with these phases (D) of the MMPA (16 U.S.C. 1361 et would be authorized in separate, seq.) direct the Secretary of Commerce Summary of Request consecutive IHAs. Phase 1, which (as delegated to NMFS) to allow, upon On September 11, 2018, NMFS primarily includes both improvement of request, the incidental, but not received a request from ADOT&PF for existing facilities and construction of intentional, taking of small numbers of two consecutive IHAs to take marine new facilities on both islands, is marine mammals by U.S. citizens who mammals incidental to ferry berth planned to occur between March, 2020 engage in a specified activity (other than improvements and construction in to February, 2021, and Phase 2, which commercial fishing) within a specified Tongass Narrows, near Ketchikan, includes the improvement/refurbishing geographical region if certain findings Alaska. The application was deemed of existing facilities on both islands, is are made and either regulations are adequate and complete on March 20, planned to occur from March, 2021, to issued or, if the taking is limited to 2019. ADOT&PF’s request is for take of February, 2022. harassment, a notice of a proposed a small number of eight species of Section 101(a)(5)(D) specifies that incidental take authorization may be marine mammals, by Level B ‘‘the Secretary shall authorize provided to the public for review. harassment. Of those eight species, three [incidental take by harassment] for Authorization for incidental takings (harbor seal (Phoca vitulina richardii), periods of not more than 1 year.’’ In this shall be granted if NMFS finds that the harbor porpoise (Phocoena phocoena), case, the ADOT&PF knows at this time taking will have a negligible impact on and Dall’s porpoise (Phocoenoides dalli) that it will take two years to complete the species or stock(s) and will not have may also be taken by Level A the entire project, knows which an unmitigable adverse impact on the harassment. Neither ADOT&PF nor activities would be conducted in each of availability of the species or stock(s) for NMFS expects serious injury or the two years, and has submitted the taking for subsistence uses (where mortality to result from this activity entire two-year project to NMFS. NMFS relevant). Further, NMFS must prescribe and, therefore, IHAs are appropriate. has sufficient information to determine the permissible methods of taking and The proposed IHAs would each cover which species would be affected, the other ‘‘means of effecting the least one year of the two year project. estimated amount and type of take that practicable adverse impact’’ on the would result from the activities, and the affected species or stocks and their Description of Proposed Activity estimated impacts to subsistence use habitat, paying particular attention to Overview from ADOT&PF’s activities over each of rookeries, mating grounds, and areas of the two years of the project. Thus NMFS similar significance, and on the The ADOT&PF plans to make is able to determine at this time whether availability of such species or stocks for improvements to existing ferry berths the proposed activities meet all taking for certain subsistence uses and construct new ferry berths on statutory requirements and can develop (referred to as ‘‘mitigation’’); and Gravina Island and Revilla Island in appropriate mitigation, monitoring, and requirements pertaining to the Tongass Narrows, near Ketchikan in reporting requirements for both years. It mitigation, monitoring and reporting of southeast Alaska (Figure 1–1 of the is therefore appropriate for NMFS to such takings are set forth. application). These ferry facilities publish notice in the Federal Register, provide the only public access between and seek public comment on, proposed National Environmental Policy Act the city of Ketchikan, AK on Revilla IHAs for each of the two consecutive To comply with the National Island, and the Ketchikan International years of the project at this time. Environmental Policy Act of 1969 Airport on Gravina Island (see Figure 1– (NEPA; 42 U.S.C. 4321 et seq.) and 2 in application). The project’s proposed Dates and Duration NOAA Administrative Order (NAO) activities that have the potential to take In-water construction of Phase 1 is 216–6A, NMFS must review our marine mammals, by Level A scheduled to begin in March 2020 and proposed action (i.e., the issuance of an harassment and Level B harassment, continue through February 2021. In- incidental harassment authorization) include vibratory and impact pile water construction of Phase 2 is with respect to potential impacts on the driving, drilling operations for pile scheduled to begin in March 2021 and human environment. installation (rock socket and tension continue through February 2022. This action is consistent with anchor drilling), and vibratory pile Construction activities such as out-of- categories of activities identified in removal. water work or in-water work that will Categorical Exclusion B4 (incidental Improvement and construction of not result in take may occur at multiple harassment authorizations with no facilities is important to provide reliable sites simultaneously; however, in-water anticipated serious injury or mortality) access to the airport and facilitate pile installation/removal (including of the Companion Manual for NOAA growth and development in the region. drilling) will not occur simultaneously Administrative Order 216–6A, which do Some of the existing ferry facilities are at one or more component sites. Pile not individually or cumulatively have aging and periodically out-of-service for installation will occur intermittently the potential for significant impacts on repairs or maintenance, and this project over the work period, for durations of

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minutes to hours at a time depending on Ferry Berth will be constructed marine channel situated between weather, construction and mechanical immediately adjacent to the existing Revilla Island to the east and Gravina delays, marine mammal shutdowns, and Revilla Island Ferry Berth. Island to the west. In the vicinity of the other potential delays and logistical Improvements and new construction on proposed project, Tongass Narrows is as constraints. There are 144 days of in- Gravina Island will all be adjacent to the little as 300 meters (984 feet) wide. water construction planned for Phase 1 Ketchikan International Airport, and the Tongass Narrows is generally and 27 days planned for Phase 2. new Gravina Island Airport Shuttle characterized by strong tidal currents Ferry Berth will be constructed Specific Geographic Region and by steep bedrock or coarse gravel- immediately adjacent to the existing cobble-boulder shoreline. Pile The proposed Tongass Narrows Gravina Island Ferry Berth. The new installation will occur in waters ranging project is located within the City of Gravina Island Heavy Freight Mooring in depth from less than 1 meter (3.3 feet) Ketchikan, Alaska (see Figure 1 below). Facility will be constructed in the same Improvements and new construction on location as the existing barge offload nearshore to approximately 20 meters Revilla Island will occur approximately facility. (66 feet), depending on the structure 2.6 miles north of downtown Ketchikan. Tongass Narrows is an approximately and location. The new Revilla Island Airport Shuttle 13-mile-long, north-south-oriented BILLING CODE 4164–01–P

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BILLING CODE 4164–01–C Detailed Description of Specific Activity removal of steel pipe piles, vibratory Ongoing vessel activities throughout installation of sheet piles, and vibratory Tongass Narrows, land-based industrial As discussed earlier, this project is and impact installation of steel pipe and commercial activities, and regular composed of two consecutive phases, piles. Each phase of the project will aircraft operations result in elevated in- with take of marine mammals from each include different activities that are phase proposed to be authorized air and underwater sound conditions in described in detail in the following through separate IHAs. When necessary, the project area that increase with sections. the description of activity is broken proximity to the proposed project down by phase below, but information Above-water work will consist of the component sites. Sound levels likely relevant to both phases is presented installation of concrete or steel platform vary seasonally, with elevated levels together. Proposed activities with decking panels, transfer bridges, dock- during summer when the tourism and potential to take marine mammals mounted fenders, pedestrian walkways, fishing industries are at their peaks. include the noise generated by drilling gangways, and utility lines. Upland of rock sockets and tension anchors into construction activities will consist of bedrock for steel pipe piles, vibratory new terminal facilities, staging areas,

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parking lot expansions, new roadways, rock socketing or anchoring is not Tension Anchors—Tension anchors retaining walls, stairways, and required, the final approximately 10 feet are installed within piles that are drilled pedestrian walkways. No in-water noise of driving will be conducted using an into the bedrock below the elevation of is anticipated in association with above- impact hammer so that the structural the pile tip, after the pile has been water and upland construction activities capacity of the pile embedment can be driven through the sediment layer to and no take is expected to occur from verified. Where sediments are shallow, refusal. A 6- or 8-inch diameter steel in-air noise due to the lack of nearby an impact hammer will be used to seat pipe casing is inserted inside the larger pinniped haul-outs and the smaller in- the piles into competent bedrock before diameter production pile. A rock drill is air isopleths compared to isopleths from rock drilling begins. The pile inserted into the casing, and a 6- to 8- in-water activities. installation methods used will depend inch-diameter hole is drilled into bedrock with rotary and percussion Description of In-Water Activities on sediment depth and conditions at drilling methods. The drilling work is (General to Both Phases) each pile location. The sheet pile abutment bulkheads for the new Revilla contained within the smaller steel pile Four methods of pile installation are and Gravina ferry berths will be casing and the larger steel pipe pile. The anticipated. These include vibratory and installed using vibratory hammer typical depth of the drilled hole varies, impact hammers, down-hole drilling of methods. Vibratory and impact pile but 20–30 feet is common. Rock rock sockets, and installation of tension driving will occur during both Phase 1 fragments will be removed through the anchors at some locations. Most piles and Phase 2 of the project (Table 1 and top of the casing with compressed air. will be installed vertically (plumb), but 3). A steel rod is then grouted into the some will be installed at an angle In Table 1, it is estimated that some drilled hole and affixed to the top of the (battered). Tension anchors will be used piles will require 50 strikes from the pile. The purpose of a rock anchor is to to secure some piles to the bedrock to impact hammer and others will require secure the pile to the bedrock to withstand uplift forces. Rock sockets 200 strikes. In general, projects on withstand uplift forces. Tension anchors will be drilled at other locations where Gravina Island will require will be utilized during both Phase 1 and overlying sediments are too shallow to approximately 50 strikes and projects on Phase 2 of the project, as shown in adequately secure the bottom portion of Revillia Island will require Table 1 and 3. Figure 1–3 in the IHA the pile. Some piles will be seated in approximately 200 strikes. These Application depicts a schematic of rock rock sockets as well as anchored with differences are based on sediment socket and tension anchor drilling tension anchors. A vibratory hammer characteristics, depth to bedrock, and techniques. will be used to install 44 temporary the planned need for further drilling Underwater noise from tension template piles, no greater than 20 inches once at bedrock. anchor construction is typically low. in diameter, to a depth of 25 feet or less. The bedrock is overlain with sediments, Vibratory Pile Removal—A total of 13 The total duration of vibratory and will attenuate noise production previously installed piles will be installation and subsequent removal of from drilling and reduce noise temporary piles will be approximately removed during Phase 2 of the project propagation into the water column. 44 hours spread over multiple days as (Table 2), and no piles will be removed Additionally, the casing used during shown in Table 2, and will take place during Phase 1. When possible, existing drilling is inside the larger diameter within the same days as permanent pile piles will be extracted by directly lifting pile, further reducing noise levels. installation. Installation and removal of them with a crane. A vibratory hammer Therefore, the effects of tension anchor temporary piles is therefore not will be used if necessary to extract piles drilling on marine mammals are not anticipated to add to the overall that cannot be directly lifted. Removal expected to rise to the level of take. As estimated 144 days of pile installation of each old pile is estimated to require stated, take is highly unlikely and is not and removal for Phase 1 as shown in no more than 15 minutes of vibratory proposed to be authorized for tension Table 1. hammer use for the majority of the piles, anchor drilling activities, so its impacts The steel sheet piles for the bulkheads but the removal of one 24-inch diameter are discussed minimally in this are of a Z-shape. Each pile is pile may take up to 30 minutes. document. approximately 28 to 30 inches wide, Rock Socket Drilling—Rock sockets and they interlock together to form a are holes drilled into the bedrock to Phase 1 Project Components continuous wall. These sheet piles will advance piles beyond the depth Each of the four permanent project be installed into the existing ground at vibratory or impact driving methods are components in Phase 1 will include elevations varying from +8 inches to able to achieve in softer overlying installation of steel pipe piles that are +26 inches mean lower low water. Most sediments. The depth of the rock socket 18, 24, or 30 inches in diameter. of this work is expected to be done at varies, but 10–15 feet is commonly Temporary piles installed and removed lower tides so that in-water pile driving required. Drilling of rock sockets during Phase 1 to support templates for work is minimized. However, some through the bedrock may use both rotary permanent piles will be a maximum of installation work below the tidal and percussion drill mechanisms. 20 inches in diameter. Two of the elevations (in water) can be expected. Drilling breaks up the rock to allow components (Revilla and Gravina New The ground where the sheet piles will removal of the fragments and insertion Ferry Berths) will require the be installed is comprised of existing of the pile. Drill cuttings are expelled installation of steel sheet piles that will rubble mound slopes. Some excavation from the top of the pile using comprise the bulkhead abutments and work will be needed to temporarily compressed air. The diameter of the are 27.6 or 30.3 inches in width. These remove the large rocks prior to driving drilled rock socket is slightly larger than sheet piles will be installed using the sheet piles. the pile being driving, and the pile is vibratory driving at elevations varying Vibratory and Impact Pile-Driving therefore easily advanced in the rock as from +8 inches to +26 inches mean Methods—Installation of steel piles the hole is drilled. It is estimated that lower low-water. Most of this work is through the sediment layer will be done drilling rock sockets into the bedrock expected to be done at lower tides so using vibratory or impact methods. All will take about 1–3 hours per pile. Rock that in-water pile driving work is piles will be advanced to refusal at sockets will be used in both Phase 1 and minimized. However, some installation bedrock. Where sediments are deep and Phase 2 of the project (Table 1 and 3). work below the tidal elevations (in

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water) can be expected. The ground Revilla New Ferry Berth and Upland dock is in disrepair and needs to be where the sheet piles will be installed Improvements—The new Revilla Island replaced. is comprised of existing rubble mound airport shuttle ferry berth will be Gravina Freight Facility—The new slopes. Some excavation work will be constructed immediately adjacent to the Gravina Island heavy freight mooring needed to temporarily remove the large existing Revilla Island Ferry Berth facility will be constructed in the same rocks prior to driving the sheet piles. (Figure 1–2 in IHA Application). It is location as the existing barge offload The estimated installation and the only Phase 1 component that will removal rates for Phase 1 are 1.5 occur on Revilla Island. facility (Figure 1–2 in IHA Application). permanent pipe piles per day, 10 New Gravina Island Shuttle Ferry This facility will provide improved permanent sheet piles per day, and 4 to Berth/Related Terminal access to Gravina Island for highway 6 temporary piles per day. Different Improvements—The new Gravina Island loads that cannot be accommodated by types of piles may be installed or airport shuttle ferry berth will be the shuttle ferry. Five breasting removed within a day. constructed immediately adjacent to the dolphins and one mooring dolphin will Project components are briefly existing Gravina Island Ferry Berth be constructed to support barge docking described below and Table 1 shows the (Figure 1–2 in IHA Application). and will include pedestrian walkways number and size of piles broken down Gravina Airport Ferry Layup for access by personnel. In addition, two by the individual components of Phase Facility—Improvements to the Gravina new pile-supported mooring line 1. For additional information on how Island Ferry layup dock facility will structures will be constructed above the these piles will be configured, and what occur in the same location as the high tide line. structures they will make up, please existing layup dock facility (Figure 1–2 refer to the IHA Application. in IHA Application). The current layup TABLE 1—PILE DETAILS AND ESTIMATED EFFORT REQUIRED FOR PILE INSTALLATION DURING PHASE 1

Project component Average Average drilling Average Average Number of Number of Number of vibratory duration for Impact duration piles per Days of piles rock sockets tension duration rock sockets strikes per (minutes) day installation Pile type anchors per pile per pile pile per pile for (range) (minutes) (minutes) vibratory

Revilla New Ferry Berth and Upland Improvements: 24’’ Pile Diameter ...... 65 0 35 30 N/A 200 30 1.5 (1–3) 43 30’’ Pile Diameter ...... 18 0 14 30 N/A 200 30 1.5 (1–3) 12 AZ 14–770 Sheet Pile ...... 55 N/A N/A 15 N/A N/A 15 6 (6–12) 9 New Gravina Island Shuttle Ferry Berth/Related Terminal Improvements: 24’’ Pile Diameter ...... 66 52 25 15 120 50 15 1.5 (1–3) 44 30’’ Pile Diameter ...... 8 4 4 15 180 50 15 1.5 (1–3) 5 AZ 19–700 Sheet Pile ...... 80 N/A N/A 15 N/A N/A 15 6 (6–12) 12 Gravina Airport Ferry Layup Fa- cility: 18’’ Pile Diameter ...... 3 0 0 15 N/A 50 15 1.5 (1–3) 2 30’’ Pile Diameter ...... 12 12 10 15 180 50 15 1.5 (1–3) 8 Gravina Freight Facility: 20’’ Pile Diameter ...... 6 0 6 15 N/A 50 15 1.5 (1–3) 4 24’’ Pile Diameter ...... 3 3 3 ...... 120 50 15 1.5 (1–3) 2 30’’ Pile Diameter ...... 4 2 4 15 180 50 15 1.5 (1–3) 3

Phase 1 Total ...... 320 73 91 ...... 144

TABLE 2—NUMBERS OF TEMPORARY PILES TO BE INSTALLED AND REMOVED FOR EACH PROJECT DURING PHASE 1

Average vibratory Average vibratory Number of tem- duration per pile duration per pile Days of installa- Project component porary piles for installation for removal tion Days of removal Piles per day (minutes) (minutes)

Revilla New Ferry 12 ...... 15 ...... 15 ...... 2 to 3 ...... 2 to 3 ...... 4 to 6. Berth and Upland Improvements. New Gravina Island 12 ...... 15 ...... 15 ...... 2 to 3 ...... 2 to 3 ...... 4 to 6. Shuttle Ferry Berth/Related Terminal Im- provements. Gravina Airport 8 ...... 15 ...... 15 ...... 1 to 2 ...... 0.75 to 2 ...... 4 to 6. Ferry Layup Fa- cility. Gravina Freight Fa- 12 ...... 15 ...... 15 ...... 2 to 3 ...... 2 to 3 ...... 4 to 6. cility.

Total ...... 44 ...... 660 (11 hours) .... 660 (11 hours) .... 7–11 ...... 7–11 ......

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Phase 2 Project Components possible, existing piles will be extracted include the following: (1) Replace the The two project components in Phase by directly lifting them with a crane. A transfer bridge, (2) remove the catwalk 2 will include installation of steel pipe vibratory hammer will be used if and dolphins, (3) replace the bridge piles that are 16, 20, 24 and 30 inches necessary to extract piles that cannot be float with a concrete or steel float of the in diameter as shown in Table 3. directly lifted. Installation of sheet piles same dimensions, (4) construct a Methods for vibratory and impact and tension anchor drilling is not floating fender dolphin, and (5) installation of temporary and permanent planned during Phase 2. construct four new breasting dolphins. piles, drilling of rock sockets, and Revilla Refurbish Existing Ferry Berth Construction of the transfer bridge, installation of tension anchors will be Facility—Improvements to the existing catwalk, and bridge float will occur consistent with those described above. Revilla Island Ferry Berth will include above water. The only in-water work The estimated installation and removal the following: (1) Replace the transfer will be pile installation and removal rate for Phase 2 is 1.5 pipe piles per day. bridge, (2) replace rubber fender associated with construction of the elements and fender panels, (3) replace One 24-inch-diameter pile will be dolphins. A vibratory hammer will be one 24-inch pile on the floating fender installed at the existing Revilla ferry used to install and remove 12 temporary dolphin, and (4) replace the bridge float berth. Fifteen 24-inch diameter piles template piles, no greater than 20 inches and eight 30-inch-diameter piles will be with a concrete or steel float of the same in diameter, to a depth of 25 feet or less installed at the existing Gravina ferry dimensions. Construction of the transfer berth. A total of 10 piles will be bridge, bridge float, and fender elements (Table 4). The total duration of vibratory removed to accommodate upgrades to will occur above water. The only in- installation and subsequent removal of the existing Revilla Island and Gravina water work will be pile installation and temporary piles will be approximately 6 Island ferry berths. One 24-inch pile removal associated with construction of hours spread over multiple days, and will be removed from the floating fender the dolphins. No temporary piles will be will take place within the same days as dolphin at the existing Revilla ferry installed or removed during this permanent pile installation. Installation berth. The nine 16-inch-diameter piles component of the project. and removal of temporary piles is that support the three existing dolphins Gravina Refurbish Existing Ferry therefore not anticipated to add to the at the Gravina ferry berth will also be Berth Facility—Improvements to the overall estimated 27 days of pile removed. It is anticipated that, when existing Gravina Island Ferry Berth will installation and removal for Phase 2. TABLE 3—PILE DETAILS AND ESTIMATED EFFORT REQUIRED FOR PILE INSTALLATION AND REMOVAL DURING PHASE 2

Project component Average Average drilling Estimated Number of Number of Number of vibratory du- duration for Impact total Average Days of piles rock sockets tension ration per rock sockets strikes per number of piles per installation Pile type anchors pile per pile pile hours day (range) and removal (minutes) (minutes)

Revilla Refurbish Existing Ferry Berth Facility: 24’’ Pile Diameter ...... 1 ...... 30 ...... 50 1 1 1 24’’ Pile Diameter (Re- moval) ...... 1 ...... 30 ...... N/A 1 1 1 Gravina Refurbish Existing Ferry Berth Facility: 24’’ Pile Diameter ...... 15 0 ...... 15 ...... 50 11 1.5 (1–3) 10 30’’ Pile Diameter ...... 8 3 12 15 180 50 6 1.5 (1–3) 7 16’’ Pile Diameter (Re- moval) ...... 12 ...... 15 ...... 2 1.5 (1–3) 8

Phase 2 Total ...... 24 (+13 3 ...... 27 Removal)

TABLE 4—NUMBER OF TEMPORARY PILES TO BE INSTALLED AND REMOVED FOR EACH PROJECT COMPONENT AND STRUCTURE DURING PHASE 2

Average vibra- Average vibra- Number of tory duration tory duration Project component temporary per pile for per pile for Days of Days of Piles per day piles installation removal installation removal (minutes) (minutes)

Revilla Refurbish Existing Ferry Berth Facility ...... 0 0 0 0 0 0 Gravina Refurbish Existing Ferry Berth Facility ...... 12 15 15 2 to 3 2 to 3 4 to 6

Total ...... 12 180 (3 hours) 180 (3 hours) 2 to 3 2 to 3 ......

Proposed mitigation, monitoring, and Description of Marine Mammals in the regarding status and trends, distribution reporting measures are described in Area of Specified Activities and habitat preferences, and behavior detail later in this document (please see and life history, of the potentially Proposed Mitigation and Proposed Sections 3 and 4 of the application affected species. Additional information Monitoring and Reporting). summarize available information regarding population trends and threats

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may be found in NMFS’s Stock animals, not including natural individuals within the geographic area, Assessment Reports (SARs; https:// mortalities, that may be removed from a if known, that comprises that stock. For www.fisheries.noaa.gov/national/ marine mammal stock while allowing some species, this geographic area may marine-mammal-protection/marine- that stock to reach or maintain its extend beyond U.S. waters. All managed mammal-stock-assessments) and more optimum sustainable population (as stocks in this region are assessed in general information about these species described in NMFS’s SARs). While no NMFS’s U.S. Alaska SARs (e.g., Muto et (e.g., physical and behavioral mortality is anticipated or authorized al., 2018) except for gray whale, which descriptions) may be found on NMFS’s here, PBR and annual serious injury and could occur in the proposed project area website (https:// mortality from anthropogenic sources and is assessed in the U.S. Pacific SARs www.fisheries.noaa.gov/find-species). are included here as gross indicators of (Carretta et al. 2018). All values Table 5 lists all species with expected the status of the species and other presented in Table 3 are the most recent potential for occurrence in waters near threats. Ketchikan, Alaska and summarizes Marine mammal abundance estimates available at the time of publication and information related to the population or presented in this document represent are available in the 2017 SARs (Muto et stock, including regulatory status under the total number of individuals that al., 2018, Carretta et al. 2018) and draft the MMPA and ESA and potential make up a given stock or the total 2018 SARs (available online at: https:// biological removal (PBR), where known. number estimated within a particular www.fisheries.noaa.gov/national/ For taxonomy, we follow Committee on study or survey area. NMFS’s stock marine-mammal-protection/draft- Taxonomy (2016). PBR is defined by the abundance estimates for most species marine-mammal-stock-assessment- MMPA as the maximum number of represent the total estimate of reports). TABLE 5—MARINE MAMMALS THAT COULD OCCUR IN THE PROPOSED PROJECT AREA

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

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray Whale ...... Eschrichtius robustus ...... Eastern North Pacific ...... -, -, N 26,960 (0.05, 25,849, 2016) .. 801 138 Family Balaenidae: Humpback whale ...... Megaptera novaeangliae ...... Central North Pacific ...... E, D, Y 10,103 (0.3; 7,890; 2006) ...... 83 25 Minke whale ...... Balaenoptera acutorostrata .... Alaska ...... -, N N.A...... N.A. N.A. Fin whale ...... Balaenoptera physalus ...... Northeast Pacific ...... E, D, Y N.A...... 5.1 0.6

Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae: Killer whale ...... Orcinus orca ...... Alaska Resident ...... -, N 2,347 (N.A.; 2,347; 2012) ...... 24 1 West Coast Transient ...... -, N 243 (N.A, 243, 2009) ...... 2.4 0 Northern Resident ...... -, N 261 (N.A.; 261, 2011 ...... 1.96 0 Pacific white-sided dolphin Lagenorhynchus obliquidens North Pacific ...... -,-; N 26,880 (N.A.; N.A.; 1990) ...... N.A. 0 Family Phocoenidae: Harbor porpoise ...... Phocoena phocoena ...... Southeast Alaska ...... -, Y 975 (0.10; 896; 2012) ...... 8.95 34 Dall’s porpoise ...... Phocoenoides dalli ...... Alaska ...... -, N 83400 (0.097, N.A., 1993) ..... N.A. 38

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): Steller sea lion ...... Eumetopias jubatus ...... Eastern U.S...... -,-, N 41,638 (N.A.; 41,638; 2015) .. 2,498 108 Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina richardii ...... Clarence Strait ...... -, N 31,634 (N.A.; 29,093; 2011) .. 1,222 41 1–Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2–NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable (N.A.). 3–These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.

All species that could potentially would be extremely unlikely for a gray Steller Sea Lion occur in the proposed project areas are whale to enter Tongass Narrows or the included in Table 5. However, the small portions of Revillagigedo Channel Steller sea lions were listed as threatened range-wide under the ESA spatial occurrence of gray whale and fin this project will impact. Similarly for fin on November 26, 1990 (55 FR 49204). whale is such that take is not expected whale, sightings have not been reported Steller sea lions were subsequently to occur, and they are not discussed and it would be unlikely for a fin whale partitioned into the western and eastern further beyond the explanation to enter the project area as they are Distinct Population Segments (DPSs; provided here. Gray whales have not generally associated with deeper, more western and eastern stocks) in 1997 (62 been reported by any local experts or offshore waters. FR 24345). The eastern DPS remained recorded in monitoring reports and it classified as threatened until it was

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delisted in November 2013. The current in Southeast Alaska and a useful prior No systematic studies of harbor seal minimum abundance estimate for the project for comparison. These data from abundance or distribution have eastern DPS of Steller sea lions is 41,638 Icy Strait Point support similar occurred in Tongass Narrows. Aerial individuals (Muto et al. 2018). The estimates described above and are an surveys conducted in August 2011 did western DPS (those individuals west of example of how abundance can not record any harbor seal haulouts in 144° W longitude or Cape Suckling, fluctuate throughout the season. Steller Tongass Narrows, but several haulouts Alaska) was upgraded to endangered sea lions were observed on 47 of the 135 were located on the outer shores of status following separation of the DPSs, days of monitoring. Although sea lions Gravina Island (London et al. 2015). and it remains endangered today. There were observed during all times of the There are no known large harbor seal is regular movement of both DPSs across year, observations peaked between late haulouts in Tongass Narrows. Harbor this 144° W longitude boundary August and mid-October (Berger ABAM seals have been observed hauled out on (Jemison et al., 2013), however, due to 2016). docks in Ketchikan Harbor. the distance from this DPS boundary, it Sea lions are known to transit through Anecdotal observations indicate that is likely that only eastern DPS Steller Tongass Narrows while pursuing prey. harbor seals are common in Tongass sea lions are present in the project area. Steller sea lions are known to follow Narrows, although no data exist to Therefore, animals potentially affected fishing vessels, and may congregate in quantify abundance. Two salmon by the project are assumed to be part of small numbers at seafood processing hatcheries operated by ADF&G are the eastern DPS. Sea lions from the facilities and hatcheries or at the located east of the project area. Like western DPS, which is listed as mouths of rivers and creeks containing Steller sea lions, harbor seals may endangered under the Endangered hatcheries, where large numbers of aggregate near the mouth of Ketchikan Species Act (ESA), are not likely to be salmon congregate in late summer. Creek when salmon are running in affected by the proposed activity and are Three seafood processing facilities are summer. The creek mouth is more than not discussed further. located east of the proposed berth 4 kilometers (2.5 miles) from the project The nearest known Steller sea lion location on Revilla Island, and two component sites, and is positioned haulout is located approximately 17 salmon hatcheries operated by the behind both the cruise ship terminal miles west/northwest of Ketchikan on Alaska Department of Fish & Game and within the small boat harbor. Grindall Island (Figure 4–1 in (ADF&G) are located east of the project Harbor Porpoise application). Summer counts of adult area. Steller sea lions may aggregate and juvenile sea lions at this haulout near the mouth of Ketchikan Creek, In the eastern North Pacific Ocean, since 2000 have averaged approximately where a hatchery upstream supports a the harbor porpoise ranges from Point 191 individuals, with a range from 6 in summer salmon run. The Creek mouth Barrow, along the Alaska coast, and 2009 to 378 in 2008. Only two winter is more than 4 kilometers (2.5 miles) down the west coast of North America surveys of this haulout have occurred. from both ferry berth sites, and is to Point Conception, California. Harbor In March 1993, a total of 239 positioned behind the cruise ship porpoises are not listed as endangered individuals were recorded, and in terminal and within the small boat or threatened under the ESA. In Alaska, December 1994, a total of 211 harbor. In addition to these locations, harbor porpoises are currently divided individuals were recorded. No sea lion anecdotal information from a local into three stocks, based primarily on pups have been observed at this haulout kayaking company suggests that there geography: The Bering Sea stock, the during surveys. Although this is a are Steller sea lions present at Gravina Southeast Alaska stock, and the Gulf of limited sample, it suggests that Point, near the southwest entrance to Alaska stock. The Southeast Alaska abundance may be consistent year- Tongass Narrows. stock ranges from Cape Suckling to the round at the Grindall Island haulout. Canadian border (Muto et al. 2018). No systematic studies of sea lion Harbor Seals Only the Southeast Alaska stock is abundance or distribution have Harbor seals range from Baja considered in this proposed IHA occurred in Tongass Narrows. California north along the west coasts of because the other stocks occur outside Anecdotal reports suggest that Steller Washington, Oregon, California, British the geographic area under sea lions may be found in Tongass Columbia, and Southeast Alaska; west consideration. Harbor porpoises Narrows year-round, with an increase in through the Gulf of Alaska, Prince frequent primarily coastal waters in abundance from March to early May William Sound, and the Aleutian Southeast Alaska (Dahlheim et al. 2009) during the herring spawning season, Islands; and north in the Bering Sea to and occur most frequently in waters less and another increase in late summer Cape Newenham and the Pribilof than 100 meters (328 feet) deep (Hobbs associated with salmon runs. Overall Islands. Harbor seals are not listed as and Waite 2010). sea lion presence in Tongass Narrows endangered or threatened under the Abundance data for harbor porpoises tends to be lower in summer than in ESA. In 2010, harbor seals in Alaska in Southeast Alaska were collected winter (FHWA 2017). During summer, were partitioned into 12 separate stocks during 18 seasonal surveys spanning 22 Steller sea lions may aggregate outside based largely on genetic structure (Allen years, from 1991 to 2012 (Dahlheim et the project area, at rookery and haulout and Angliss 2010). Harbor seals in al. 2015). The project area and Tongass sites. Monitoring during construction of Tongass Narrows are recognized as part Narrows fall within the Clarence Strait the Ketchikan Ferry Terminal in of the Clarence Strait stock, which is to Ketchikan region, as identified by this summer (July 16 through August 17, increasing in population size (Muto et study for the survey effort. 2016) did not record any Steller sea al. 2018). They haul out on rocks, reefs, Studies of harbor porpoises reported lions (ADOT&PF 2015). beaches, and drifting glacial ice, and no evidence of seasonal changes in Marine mammal monitoring was feed in marine, estuarine, and distribution for the inland waters of conducted during construction of the occasionally fresh waters. Harbor seals Southeast Alaska (Dahlheim et al. 2009). Icy Strait Point Cruise Ship Terminal in are generally non-migratory, with local Their small overall size, lack of a visible Hoonah, Alaska, between June 1, 2015, movements associated with such factors blow, low dorsal fins and overall low and January 25, 2016. This site is as tides, weather, season, food profile, and short surfacing time make approximately 387 km (240 miles) availability, and reproduction (Muto, them difficult to spot (Dahlheim et al. Northwest of Tongass Narrows, but still 2017a). 2015), likely reducing identification and

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reporting of this species, and these dissimilar to habitat found in the project Killer Whale estimates therefore may be low. area. Killer whales have been observed in Harbor porpoises were observed on 19 Anecdotal reports suggest that Dall’s all the world’s oceans, but the highest porpoises are found northwest of days during 135 days of monitoring in densities occur in colder and more Ketchikan near the Guard Islands, Hoonah, Alaska, primarily between June productive waters found at high where waters are deeper, as well as in and September (Berger ABAM 2016). Icy latitudes (NMFS 2016a). Killer whales deeper waters to the southeast of Strait was identified as an area with occur along the entire Alaska coast, in Tongass Narrows. Should Dall’s relatively high densities of harbor British Columbia and Washington porpoises occur in the project area, they porpoises in the Dahlheim et al. (2015) inland waterways, and along the outer would likely be present in March or study, and the Ketchikan area densities coasts of Washington, Oregon, and April, given past observations in the are expected to be much lower. This is California (NMFS 2016a). region. Despite generalized water depth supported by anecdotal estimates of Based on data regarding association preferences, Dall’s porpoises may occur harbor porpoise abundance. patterns, acoustics, movements, and in shallower waters. This species has a Anecdotal reports (see IHA genetic differences, eight killer whale tendency to bow-ride with vessels and Application) specific to Tongass stocks are now recognized within the may occur in the project area Narrows indicate that harbor porpoises Pacific U.S. Exclusive Economic Zone. incidentally a few times per year. are rarely observed in the project area, This proposed IHA considers only the and actual sightings are less common Pacific White-Sided Dolphin Eastern North Pacific Alaska Resident than those suggested by Dahlheim et al. Pacific white-sided dolphins are a stock (Alaska Resident stock), Eastern (2015). Harbor porpoises prefer pelagic species inhabiting temperate North Pacific Northern Resident stock shallower waters (Dahlheim et al. 2015) waters of the North Pacific Ocean and (Northern Resident stock), and West and generally are not attracted to areas along the coasts of California, Oregon, Coast Transient stock, because all other with elevated levels of vessel activity Washington, and Alaska (Muto et al. stocks occur outside the geographic area and noise such as Tongass Narrows. 2018). Despite their distribution mostly under consideration (Muto et al. 2018). Harbor porpoises are expected to be in deep, offshore waters, they may also Killer whales that have the potential to present in the project area only a few be found over the continental shelf and occur in Alaska are not listed as times per year. near shore waters, including inland endangered or threatened under the Dall’s Porpoise waters of Southeast Alaska (Ferrero and ESA. Therefore, the ESA-listed southern Walker 1996). Pacific white-sided resident killer whale would not be Dall’s porpoises are found throughout dolphins are not listed as endangered or affected by the proposed activity. the North Pacific, from southern Japan threatened under the ESA. They are Surveys between 1991 and 2007 to southern California north to the managed as two distinct stocks: The encountered resident killer whales Bering Sea. Dall’s porpoises are not California/Oregon/Washington stock, during all seasons throughout Southeast listed as endangered or threatened and the North Pacific stock (north of 45° Alaska. Both residents and transients under the ESA. All Dall’s porpoises in N, including Alaska). were common in a variety of habitats Alaska are members of the Alaska stock, Scientific studies and data are lacking and all major waterways, including and those off California, Oregon, and relative to the presence or abundance of protected bays and inlets. There does Washington are part of a separate stock. Pacific white-sided dolphins in or near not appear to be strong seasonal This species can be found in offshore, Tongass Narrows. Although they variation in abundance or distribution inshore, and nearshore habitat. generally prefer deeper and more- of killer whales, but there was No systematic studies of Dall’s offshore waters, anecdotal reports substantial variability between years porpoise abundance or distribution have suggest that Pacific white-sided during this study (Dahlheim et al. 2009). occurred in Tongass Narrows; however, dolphins have previously been observed No systematic studies of killer whales surveys for cetaceans throughout in Tongass Narrows, although they have have been conducted in or around Southeast Alaska were conducted not been observed entering Tongass Tongass Narrows. Killer whales were between 1991 and 2007 (Dahlheim et al. Narrows or nearby inter-island observed infrequently (11 of 135 days) 2009). The species is generally found in waterways in 15–20 years. during monitoring in Hoonah, and most waters in excess of 600 feet (183 meters) Pacific white-sided dolphins are rare were recorded in deeper, offshore deep (Dahlheim et al. 2009, Jefferson in the inside passageways of Southeast waters (Berger ABAM 2016). Anecdotal 2009), which do not occur in Tongass Alaska. Most observations occur off the reports suggest that large pods of killer Narrows. Jefferson et al. (2019) presents outer coast or in inland waterways near whales (as many as 80 individuals, but historical survey data showing few entrances to the open ocean. According generally between 25 and 40 sightings in the Ketchikan area, and to Muto (2018), aerial surveys in 1997 individuals) are not uncommon in May, based on these occurrence patterns, sighted one group of 164 Pacific white- June, and July when the king salmon are concludes that Dall’s porpoise rarely sided dolphins in Dixon entrance to the running. During the rest of the year, come into narrow waterways, like south of Tongass Narrows. Surveys in killer whales occur irregularly in pods Tongass Narrows. The mean group size April and May from 1991 to 1993 of 6 to 12 or more individuals. Large in Southeast Alaska is estimated at identified Pacific white-sided dolphins pods would be indicative of the Alaska approximately three individuals in Revillagigedo Channel, Behm Canal, resident population, which travels and (Dahlheim et al. 2009, Jefferson 2019), and Clarence Strait (Dahlheim and hunts in large social groups. although Freitag (2017, as cited in 83 FR Towell 1994). These areas are Although killer whales may occur in 37473) suggested group sizes near contiguous with the open ocean waters large numbers, they generally form large Ketchikan range from 10 to 15 of Dixon Entrance. This observational pods and would incur fewer work individuals. Although two individuals data, combined with anecdotal stoppages than their numbers suggest. were observed near Hoonah during information, indicates there is a rare, Killer whales tend to transit through monitoring of the Icy Strait Point cruise however, slight potential for Pacific Tongass Narrows, and do not linger in ship terminal, both were in deeper white-sided dolphins to occur in the the project area. Killer whales are offshore waters (Berger ABAM 2016) project area. observed on average about once every 2

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weeks in Tongass Narrows, and status of endangered under the ESA and 240 miles north of Ketchikan near an abundance increases between May and designations of strategic and depleted area of known humpback July. A previous incidental take under the MMPA (Muto et al. 2018). concentrations, so these data do not authorization in the Ketchikan area (83 Humpback whales are found directly support anticipated levels of FR 37473) has estimated that one group throughout Southeast Alaska in a abundance in Ketchikan as recently of killer whales is present in Tongass variety of marine environments, reported by interviewed locals (See Narrows once a month. including open-ocean, near-shore Section 3 of IHA Application). Transient killer whales are often waters, and areas with strong tidal In the Biological Opinion provided to found in long-term stable social units currents (Dahlheim et al. 2009). Most the US Army Corp of Engineers (pods) of 1 to 16 whales. Average pod humpback whales are migratory and (USACE) for this ADOT&PF project, sizes in Southeast Alaska were 6.0 in spend winters in the breeding grounds NMFS assumed the occurrence of spring, 5.0 in summer, and 3.9 in fall. off either Hawaii or Mexico. Humpback humpback whales in the project area to Pod sizes of transient whales are whales generally arrive in Southeast be one (1) group of two (2) humpback generally smaller than those of resident Alaska in March and return to their whales within the Level B harassment social groups. Resident killer whales wintering grounds in November. Some zone twice each week. This assumption occur in larger pods, ranging from 7 to humpback whales depart late or arrive was also used to estimate take for this 70 whales that are seen in association early to feeding grounds, and therefore proposed IHA. The assumption was with one another more than 50 percent the species occurs in Southeast Alaska based on differences in abundance of the time (Dahlheim et al. 2009; NMFS year-round (Straley 1990). Across the throughout the year, recent observations 2016b). In Southeast Alaska, resident region, there have been no recent of larger groups of whales present killer whale mean pod size was estimates of humpback whale density. during summer, and a higher than approximately 21.5 in spring, 32.3 in No systematic studies have average frequency of occurrence in summer, and 19.3 in fall (Dahlheim et documented humpback whale recent months (NMFS 2019). al. 2009). abundance near Ketchikan. Anecdotal Southeast Alaska is considered a information (See Section 3 of IHA biologically important area for feeding Humpback Whale Application) suggests that this species is humpback whales between March and Humpback whales worldwide were present in low numbers year-round in May (Ellison et al. 2012). Most designated as ‘‘endangered’’ under the Tongass Narrows, with the highest humpback whales migrate to other Endangered Species Conservation Act in abundance during summer and fall. regions during the winter to breed, but 1970, and were listed under the ESA at Anecdotal reports suggest that rare events of over-wintering its inception in 1973. However, on 08 humpback whales are seen only once or humpbacks have been noted, (Straley September 2016, NMFS published a twice per month, while more recently it 1990). It is thought that those final decision that changed the status of has been suggested that the occurrence humpbacks that remain in Southeast humpback whales under the ESA (81 FR is more regular, such as once per week Alaska do so in response to the 62259), effective 11 October 2016. The on average, and more seasonal. availability of winter schools of fish decision recognized the existence of 14 Humpbacks observed in Tongass prey (Straley 1990). DPSs based on distinct breeding areas in Narrows are generally alone or in groups Minke Whale tropical and temperate waters. Five of of one to three individuals. In August the 14 DPSs were classified under the 2017, a group of six individuals was The population status of minke ESA (4 endangered and 1 threatened), observed passing through Tongass whales is considered stable throughout while the other 9 DPSs were delisted. Narrows several times per day, for most of their range. Historically, Humpback whales found in the project several days in a row. Local residents commercial whaling reduced the area are predominantly members of the reported that such high abundance is population size of this species, but Hawaii DPS, which is not listed under common in August and September. given their small size, they were never the ESA. However, based on a NMFS reported that airport ferry a primary target of whaling and did not comprehensive photo-identification personnel, in 2018, observed a lone experience the severe population study, members of the Mexico DPS, humpback whale in the area every few declines as did larger cetaceans. Minke which is listed as threatened, are known days for several months and a group of whales are not listed as endangered or to occur in Southeast Alaska. Members two humpback whales every other week threatened under the ESA. Minke of different DPSs are known to intermix (NMFS 2019). whales are found throughout the on feeding grounds; therefore, all waters A total of 226 humpback whales were northern hemisphere in polar, off the coast of Alaska should be recorded as takes during 135 days of temperate, and tropical waters. There is considered to have ESA-listed monitoring in Hoonah, Alaska (Berger a dwarf form of minke whale found in humpback whales. Approximately 6.1 ABAM 2016). During Hoonah the southern hemisphere, and the percent of all humpback whales in monitoring, as many as 18 whales were subspecies of Antarctic minke whales is Southeast Alaska and northern British observed in a single day, but the 90th found around the continent of Columbia are members of the Mexico percentile of individuals per day was Antarctica. DPS, while all others are members of the approximately 7. Humpback whales The International Whaling Hawaii DPS (Wade et al. 2016). were observed on 84 of the 135 days and Commission has identified three stocks The DPSs of humpback whales that were most often seen as lone in the North Pacific: One near the Sea were identified through the ESA listing individuals, or in small groups. An of Japan, a second in the rest of the process do not necessarily equate to the average of 2 individuals was recorded as western Pacific (west of 180°W), and a existing MMPA stocks. The stock take each day of the construction third, less concentrated stock, found delineations of humpback whales under program. Abundance of humpback throughout the eastern Pacific. NOAA the MMPA are currently under review. whales did not appear to change further splits this third stock between Until this review is complete, NMFS substantially with time; however, there Alaska whales and resident whales of considers humpback whales in was a noticeable increase in activity California, Oregon, and Washington Southeast Alaska to be part of the during September and October (Berger (Muto et al. 2018). Minke whales are Central North Pacific stock, with a ABAM 2016). Hoonah is approximately found in all Alaska waters. There are no

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population estimates for minke whales Tongass Narrows no more than once per techniques, anatomical modeling, and in Alaska. Surveys in Southeast Alaska year. other data. Note that no direct have consistently identified individuals Marine Mammal Hearing measurements of hearing ability have throughout inland waters in low been successfully completed for numbers (Dahlheim et al. 2009). Hearing is the most important sensory mysticetes (i.e., low-frequency Minke whales in Southeast Alaska are modality for marine mammals cetaceans). Subsequently, NMFS (2018) underwater, and exposure to part of the Alaska stock (Muto et al. described generalized hearing ranges for anthropogenic sound can have 2018). Dedicated surveys for cetaceans these marine mammal hearing groups in Southeast Alaska found that minke deleterious effects. To appropriately which were later adopted by Southall et whales were scattered throughout assess the potential effects of exposure al (2019) with slight changes to the inland waters from Glacier Bay and Icy to sound, it is necessary to understand Strait to Clarence Strait, with small the frequency ranges marine mammals naming convention of each hearing concentrations near the entrance of are able to hear. Current data indicate group. Generalized hearing ranges were Glacier Bay (Dahlheim et al. 2009). All that not all marine mammal species chosen based on the approximately 65 sightings were of single minke whales, have equal hearing capabilities (e.g., decibel (dB) threshold from the except for a single sighting of multiple Richardson et al., 1995; Wartzok and normalized composite audiograms, with minke whales. Surveys took place in Ketten, 1999; Au and Hastings, 2008). the exception for lower limits for low- spring, summer, and fall, and minke To reflect this, Southall et al. (2007) frequency cetaceans where the lower whales were present in low numbers in recommended that marine mammals be bound was deemed to be biologically all seasons and years. None of the divided into functional hearing groups implausible and the lower bound from interviews with local experts conducted based on directly measured or estimated Southall et al. (2007) retained. Marine by ADOT&PF reported winter sightings hearing ranges on the basis of available mammal hearing groups and their of minke whales in Southeast Alaska. behavioral response data, audiograms associated hearing ranges are provided Minke whales are expected to occur in derived using auditory evoked potential in Table 6.

TABLE 6—MARINE MAMMAL HEARING GROUPS [NMFS, 2018]

Generalized hearing Hearing group range *

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

The pinniped functional hearing Potential Effects of Specified Activities the all-encompassing sound in a given group was modified from Southall et al. on Marine Mammals and Their Habitat place and is usually a composite of (2007) on the basis of data indicating sound from many sources both near and This section includes a summary and that phocid species have consistently far. The sound level of an area is discussion of the ways that components demonstrated an extended frequency defined by the total acoustical energy of the specified activity may impact range of hearing compared to otariids, being generated by known and marine mammals and their habitat. The especially in the higher frequency range unknown sources. These sources may Estimated Take by Incidental (Hemila¨ et al., 2006; Kastelein et al., include physical (e.g., waves, wind, Harassment section later in this 2009; Reichmuth and Holt, 2013). precipitation, earthquakes, ice, document includes a quantitative atmospheric sound), biological (e.g., For more detail concerning these analysis of the number of individuals sounds produced by marine mammals, groups and associated frequency ranges, that are expected to be taken by this fish, and invertebrates), and please see NMFS (2018) for a review of activity. The Negligible Impact Analysis anthropogenic sound (e.g., vessels, available information. Eight marine and Determination section considers the dredging, aircraft, construction). mammal species (six cetacean and two content of this section, the Estimated The sum of the various natural and pinniped (one otariid and one phocid) Take by Incidental Harassment section, anthropogenic sound sources at any species) have the reasonable potential to and the Proposed Mitigation section, to given location and time—which co-occur with the proposed survey draw conclusions regarding the likely comprise ‘‘ambient’’ or ‘‘background’’ activities. Please refer to Table 6. Of the impacts of these activities on the sound—depends not only on the source cetacean species that may be present, reproductive success or survivorship of levels (as determined by current two are classified as low-frequency individuals and how those impacts on weather conditions and levels of cetaceans (i.e., all mysticete species), individuals are likely to impact marine biological and shipping activity) but two are classified as mid-frequency mammal species or stocks. also on the ability of sound to propagate cetaceans (i.e., all delphinid and ziphiid Description of Sound Sources through the environment. In turn, sound species and the sperm whale), and two propagation is dependent on the are classified as high-frequency The marine soundscape is comprised spatially and temporally varying cetaceans (i.e., harbor porpoise and of both ambient and anthropogenic properties of the water column and sea Kogia spp.). sounds. Ambient sound is defined as floor, and is frequency-dependent. As a

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result of the dependence on a large Drilling of rock sockets would be calf), duration of exposure, the distance number of varying factors, ambient conducted using a down-hole drill between the pile and the animal, sound levels can be expected to vary inserted through the hollow steel piles. received levels, behavior at time of widely over both coarse and fine spatial A down-hole drill is a drill bit that drills exposure, and previous history with and temporal scales. Sound levels at a through the bedrock using both rotary exposure (Wartzok et al. 2004; Southall given frequency and location can vary and percussion (impact) mechanisms et al. 2007). Here we discuss physical by 10–20 dB from day to day that function at the bottom of the hole. auditory effects (threshold shifts) (Richardson et al. 1995). The result is This breaks up rock to allow removal of followed by behavioral effects and that, depending on the source type and debris and insertion of the pile. The potential impacts on habitat. its intensity, sound from the specified head extends so that the drilling takes NMFS defines a noise-induced activity may be a negligible addition to place below the pile. The sounds threshold shift (TS) as a change, usually the local environment or could form a produced by the down-the-hole drilling an increase, in the threshold of distinctive signal that may affect marine method are considered continuous as audibility at a specified frequency or mammals. the noise from the drilling component is portion of an individual’s hearing range In-water construction activities dominant. In addition, this method above a previously established reference associated with the project would likely increases sound attenuation level (NMFS 2018). The amount of include impact pile driving, vibratory because the noise is primarily contained threshold shift is customarily expressed pile driving and removal, and drilling. within the steel pile and below ground in dB. A TS can be permanent or The sounds produced by these activities rather than impact hammer driving temporary. As described in NMFS fall into one of two general sound types: methods which occur at the top of the (2018), there are numerous factors to Impulsive and non-impulsive. pile and introduce sound into the water consider when examining the Impulsive sounds (e.g., explosions, column to a greater degree. consequence of TS, including, but not gunshots, sonic booms, impact pile The likely or possible impacts of limited to, the signal temporal pattern driving) are typically transient, brief ADOT&PF’s proposed activity on (e.g., impulsive or non-impulsive), (less than 1 second), broadband, and marine mammals could involve both likelihood an individual would be consist of high peak sound pressure non-acoustic and acoustic stressors. exposed for a long enough duration or with rapid rise time and rapid decay Potential non-acoustic stressors could to a high enough level to induce a TS, (ANSI 1986; NIOSH 1998; ANSI 2005; result from the physical presence of the the magnitude of the TS, time to equipment and personnel; however, any recovery (seconds to minutes or hours to NMFS 2018). Non-impulsive sounds impacts to marine mammals are days), the frequency range of the (e.g. aircraft, machinery operations such expected to primarily be acoustic in exposure (i.e., spectral content), the as drilling or dredging, vibratory pile nature. Acoustic stressors include hearing and vocalization frequency driving, and active sonar systems) can effects of heavy equipment operation range of the exposed species relative to be broadband, narrowband or tonal, during pile installation and removal and the signal’s frequency spectrum (i.e., brief or prolonged (continuous or drilling. how animal uses sound within the intermittent), and typically do not have frequency band of the signal; e.g., the high peak sound pressure with rapid Acoustic Impacts Kastelein et al. 2014), and the overlap rise/decay time that impulsive sounds The introduction of anthropogenic between the animal and the source (e.g., do (ANSI 1995; NIOSH 1998; NMFS noise into the aquatic environment from spatial, temporal, and spectral). 2018). The distinction between these pile driving and removal and down-hole Permanent Threshold Shift (PTS)— two sound types is important because drilling is the primary means by which NMFS defines PTS as a permanent, they have differing potential to cause marine mammals may be harassed from irreversible increase in the threshold of physical effects, particularly with regard ADOT&PF’s specified activity. In audibility at a specified frequency or to hearing (e.g., Ward 1997 in Southall general, animals exposed to natural or portion of an individual’s hearing range et al. 2007). anthropogenic sound may experience above a previously established reference Two types of pile hammers would be physical and psychological effects, level (NMFS 2018). Available data from used on this project: Impact and ranging in magnitude from none to humans and other terrestrial mammals vibratory. Impact hammers operate by severe (Southall et al. 2007, 2019). In indicate that a 40 dB threshold shift repeatedly dropping a heavy piston onto general, exposure to pile driving and approximates PTS onset (see Ward et al. a pile to drive the pile into the substrate. drilling noise has the potential to result 1958, 1959; Ward 1960; Kryter et al. Sound generated by impact hammers is in auditory threshold shifts and 1966; Miller 1974; Ahroon et al. 1996; characterized by rapid rise times and behavioral reactions (e.g., avoidance, Henderson et al. 2008). PTS levels for high peak levels, a potentially injurious temporary cessation of foraging and marine mammals are estimates, as with combination (Hastings and Popper vocalizing, changes in dive behavior). the exception of a single study 2005). Vibratory hammers install piles Exposure to anthropogenic noise can unintentionally inducing PTS in a by vibrating them and allowing the also lead to non-observable harbor seal (Kastak et al. 2008), there are weight of the hammer to push them into physiological responses such an no empirical data measuring PTS in the sediment. Vibratory hammers increase in stress hormones. Additional marine mammals largely due to the fact produce significantly less sound than noise in a marine mammal’s habitat can that, for various ethical reasons, impact hammers. Peak SPLs may be 180 mask acoustic cues used by marine experiments involving anthropogenic dB or greater, but are generally 10 to 20 mammals to carry out daily functions noise exposure at levels inducing PTS dB lower than SPLs generated during such as communication and predator are not typically pursued or authorized impact pile driving of the same-sized and prey detection. The effects of pile (NMFS 2018). pile (Oestman et al. 2009). Rise time is driving and drilling noise on marine Temporary Threshold Shift (TTS)—A slower, reducing the probability and mammals are dependent on several temporary, reversible increase in the severity of injury, and sound energy is factors, including, but not limited to, threshold of audibility at a specified distributed over a greater amount of sound type (e.g., impulsive vs. non- frequency or portion of an individual’s time (Nedwell and Edwards 2002; impulsive), the species, age and sex hearing range above a previously Carlson et al. 2005). class (e.g., adult male vs. mom with established reference level (NMFS

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2018). Based on data from cetacean TTS mammal TTS data come from a limited reactions can vary not only among measurements (see Southall et al. 2007), number of individuals within these individuals but also within an a TTS of 6 dB is considered the species. No data are available on noise- individual, depending on previous minimum threshold shift clearly larger induced hearing loss for mysticetes. For experience with a sound source, than any day-to-day or session-to- summaries of data on TTS in marine context, and numerous other factors session variation in a subject’s normal mammals or for further discussion of (Ellison et al. 2012), and can vary hearing ability (Schlundt et al. 2000; TTS onset thresholds, please see depending on characteristics associated Finneran et al. 2000, 2002). As Southall et al. (2007), Finneran and with the sound source (e.g., whether it described in Finneran (2015), marine Jenkins (2012), Finneran (2015), and is moving or stationary, number of mammal studies have shown the Table 5 in NMFS (2018). sources, distance from the source). In amount of TTS increases with Installing piles requires a combination general, pinnipeds seem more tolerant cumulative sound exposure level of impact pile driving, vibratory pile of, or at least habituate more quickly to, (SELcum) in an accelerating fashion: At driving, and down-hole drilling. For the potentially disturbing underwater sound low exposures with lower SELcum, the project, these activities would not occur than do cetaceans, and generally seem amount of TTS is typically small and at the same time and there would likely to be less responsive to exposure to the growth curves have shallow slopes. be pauses in activities producing the industrial sound than most cetaceans. At exposures with higher SELcum, the sound during each day. Given these Please see Appendices B–C of Southall growth curves become steeper and pauses and that many marine mammals et al. (2007) for a review of studies approach linear relationships with the are likely moving through the project involving marine mammal behavioral noise SEL. area and not remaining for extended responses to sound. Depending on the degree (elevation of periods of time, the potential for TS Disruption of feeding behavior can be threshold in dB), duration (i.e., recovery declines. difficult to correlate with anthropogenic time), and frequency range of TTS, and Behavioral Harassment—Exposure to sound exposure, so it is usually inferred the context in which it is experienced, noise from pile driving and removal and by observed displacement from known TTS can have effects on marine drilling also has the potential to foraging areas, the appearance of mammals ranging from discountable to behaviorally disturb marine mammals. secondary indicators (e.g., bubble nets serious (similar to those discussed in Available studies show wide variation or sediment plumes), or changes in dive auditory masking, below). For example, in response to underwater sound; behavior. As for other types of a marine mammal may be able to readily therefore, it is difficult to predict behavioral response, the frequency, compensate for a brief, relatively small specifically how any given sound in a duration, and temporal pattern of signal amount of TTS in a non-critical particular instance might affect marine presentation, as well as differences in frequency range that takes place during mammals perceiving the signal. If a species sensitivity, are likely a time when the animal is traveling marine mammal does react briefly to an contributing factors to differences in through the open ocean, where ambient underwater sound by changing its response in any given circumstance noise is lower and there are not as many behavior or moving a small distance, the (e.g., Croll et al. 2001; Nowacek et al. competing sounds present. impacts of the change are unlikely to be 2004; Madsen et al. 2006; Yazvenko et Alternatively, a larger amount and significant to the individual, let alone al. 2007). A determination of whether longer duration of TTS sustained during the stock or population. However, if a foraging disruptions incur fitness time when communication is critical for sound source displaces marine consequences would require successful mother/calf interactions mammals from an important feeding or information on or estimates of the could have more serious impacts. We breeding area for a prolonged period, energetic requirements of the affected note that reduced hearing sensitivity as impacts on individuals and populations individuals and the relationship a simple function of aging has been could be significant (e.g., Lusseau and between prey availability, foraging effort observed in marine mammals, as well as Bejder 2007; Weilgart 2007; NRC 2005). and success, and the life history stage of humans and other taxa (Southall et al. Disturbance may result in changing the animal. 2007), so we can infer that strategies durations of surfacing and dives, In 2016, ADOT&PF documented exist for coping with this condition to number of blows per surfacing, or observations of marine mammals during some degree, though likely not without moving direction and/or speed; construction activities (i.e., pile driving cost. reduced/increased vocal activities; and down-hole drilling) at the Kodiak Currently, TTS data only exist for four changing/cessation of certain behavioral Ferry Dock (ABR 2016) in the Gulf of species of cetaceans (bottlenose dolphin activities (such as socializing or Alaska. In the marine mammal (Tursiops truncatus), beluga whale feeding); visible startle response or monitoring report for that project, 1,281 (Delphinapterus leucas), harbor aggressive behavior (such as tail/fluke Steller sea lions were observed within porpoise, and Yangtze finless porpoise slapping or jaw clapping); avoidance of the Level B harassment zone during pile (Neophocoena asiaeorientalis)) and five areas where sound sources are located. driving or drilling (i.e., documented as species of pinnipeds exposed to a Pinnipeds may increase their haul out take by Level B harassment). Of these, limited number of sound sources (i.e., time, possibly to avoid in-water 19 individuals demonstrated an alert mostly tones and octave-band noise) in disturbance (Thorson and Reyff 2006). behavior, 7 were fleeing, and 19 swam laboratory settings (Finneran 2015). TTS Behavioral responses to sound are away from the project site. All other was not observed in trained spotted highly variable and context-specific and animals (98 percent) were engaged in (Phoca largha) and ringed (Pusa any reactions depend on numerous activities such as milling, foraging, or hispida) seals exposed to impulsive intrinsic and extrinsic factors (e.g., fighting and did not change their noise at levels matching previous species, state of maturity, experience, behavior. In addition, two sea lions predictions of TTS onset (Reichmuth et current activity, reproductive state, approached within 20 meters of active al. 2016). In general, harbor seals and auditory sensitivity, time of day), as vibratory pile driving activities. Three harbor porpoises have a lower TTS well as the interplay between factors harbor seals were observed within the onset than other measured pinniped or (e.g., Richardson et al. 1995; Wartzok et disturbance zone during pile driving cetacean species (Finneran 2015). al. 2003; Southall et al. 2007; Weilgart activities; none of them displayed Additionally, the existing marine 2007; Archer et al. 2010). Behavioral disturbance behaviors. Fifteen killer

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whales and three harbor porpoise were potential to cause behavioral driving, elevated levels of underwater also observed within the Level B harassment, depending on their distance noise would ensonify a portion of harassment zone during pile driving. from pile driving activities. Cetaceans Tongass Narrows and nearby waters The killer whales were travelling or are not expected to be exposed to where both fish and mammals occur milling while all harbor porpoises were airborne sounds that would result in and could affect foraging success. travelling. No signs of disturbance were harassment as defined under the Construction activities are of short noted for either of these species. Given MMPA. duration and would likely have the similarities in activities and habitat Airborne noise would primarily be an temporary impacts on marine mammal and the fact the same species are issue for pinnipeds that are swimming habitat through increases in underwater involved, we expect similar behavioral or hauled out near the project site noise. These sounds would not be responses of marine mammals to the within the range of noise levels elevated detectable at the nearest known Steller specified activity. That is, disturbance, above the acoustic criteria. We sea lion haulouts (Figure 4–1 in IHA if any, is likely to be temporary and recognize that pinnipeds in the water application), and there are no known localized (e.g., small area movements). could be exposed to airborne sound that harbor seal haulouts in Tongass Monitoring reports from other recent may result in behavioral harassment Narrows. pile driving and down-hole drilling when looking with their heads above The area likely impacted by the projects in Alaska have observed similar water. Most likely, airborne sound project includes much of Tongass behaviors (for example, the Biorka would cause behavioral responses Narrows, but overall this area is Island Dock Replacement Project similar to those discussed above in relatively small compared to the https://www.fisheries.noaa.gov/action/ relation to underwater sound. For available habitat in the surrounding area incidental-take-authorization-faa- instance, anthropogenic sound could including Revillagigedo Channel, Behm biorka-island-dock-replacement-project- cause hauled-out pinnipeds to exhibit Canal, and Clarence Strait. Pile sitka-ak). changes in their normal behavior, such installation/removal and drilling may Masking—Sound can disrupt behavior as reduction in vocalizations, or cause temporarily increase turbidity resulting through masking, or interfering with, an them to temporarily abandon the area from suspended sediments. Any animal’s ability to detect, recognize, or and move further from the source. increases would be temporary, discriminate between acoustic signals of However, these animals would localized, and minimal. In general, interest (e.g., those used for intraspecific previously have been ‘taken’ because of turbidity associated with pile communication and social interactions, exposure to underwater sound above the installation is localized to about a 25- prey detection, predator avoidance, behavioral harassment thresholds, foot radius around the pile (Everitt et al. navigation) (Richardson et al. 1995). which are in all cases larger than those 1980). Cetaceans are not expected to be Masking occurs when the receipt of a associated with airborne sound. Thus, close enough to the project pile driving sound is interfered with by another the behavioral harassment of these areas to experience effects of turbidity, coincident sound at similar frequencies animals is already accounted for in and pinnipeds could avoid localized and at similar or higher intensity, and these estimates of potential take. may occur whether the sound is natural Therefore, we do not believe that areas of turbidity. Therefore, the impact (e.g., snapping shrimp, wind, waves, authorization of incidental take from increased turbidity levels is precipitation) or anthropogenic (e.g., resulting from airborne sound for expected to minimal for marine pile driving, shipping, sonar, seismic pinnipeds is warranted, and airborne mammals. Furthermore, pile driving exploration) in origin. The ability of a sound is not discussed further here. and removal at the project site would noise source to mask biologically not obstruct movements or migration of Marine Mammal Habitat Effects important sounds depends on the marine mammals. characteristics of both the noise source The proposed activities at the project In-water Construction Effects on and the signal of interest (e.g., signal-to- area would not result in permanent Potential Prey — Construction activities noise ratio, temporal variability, negative impacts to habitats used would produce continuous (i.e., direction), in relation to each other and directly by marine mammals, but may vibratory pile driving and down-hole to an animal’s hearing abilities (e.g., have potential short-term impacts to drilling) and intermittent (i.e. impact sensitivity, frequency range, critical food sources such as forage fish and driving) sounds. Fish react to sounds ratios, frequency discrimination, may affect acoustic habitat (see masking that are especially strong and/or directional discrimination, age or TTS discussion above). There are no known intermittent low-frequency sounds. hearing loss), and existing ambient foraging hotspots or other ocean bottom Short duration, sharp sounds can cause noise and propagation conditions. structure of significant biological overt or subtle changes in fish behavior Masking of natural sounds can result importance to marine mammals present and local distribution. Hastings and when human activities produce high in the marine waters of the project area Popper (2005) identified several studies levels of background sound at during the construction window, but that suggest fish may relocate to avoid frequencies important to marine there are times of increased foraging certain areas of sound energy. mammals. Conversely, if the during periods of forage fish and Additional studies have documented background level of underwater sound salmonid spawning. ADOT&PF effects of pile driving on fish, although is high (e.g. on a day with strong wind construction activities in Tongass several are based on studies in support and high waves), an anthropogenic Narrows could have localized, of large, multiyear bridge construction sound source would not be detectable as temporary impacts on marine mammal projects (e.g., Scholik and Yan 2001, far away as would be possible under habitat and their prey by increasing in- 2002; Popper and Hastings 2009). Sound quieter conditions and would itself be water sound pressure levels and slightly pulses at received levels of 160 dB may masked. decreasing water quality. Increased cause subtle changes in fish behavior. Airborne Acoustic Effects—Pinnipeds noise levels may affect acoustic habitat SPLs of 180 dB may cause noticeable that occur near the project site could be (see masking discussion above) and changes in behavior (Pearson et al. exposed to airborne sounds associated adversely affect marine mammal prey in 1992; Skalski et al. 1992). SPLs of with pile driving and removal and the vicinity of the project area (see sufficient strength have been known to down-hole drilling that have the discussion below). During impact pile cause injury to fish and fish mortality.

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The most likely impact to fish from any fish habitat, or populations of fish density or occurrence of marine pile driving and drilling activities at the species or other prey. Thus, we mammals within these ensonified areas; project area would be temporary conclude that impacts of the specified and, (4) and the number of days of behavioral avoidance of the area. The activity are not likely to have more than activities. We note that while these duration of fish avoidance of this area short-term adverse effects on any prey basic factors can contribute to a basic after pile driving stops is unknown, but habitat or populations of prey species. calculation to provide an initial a rapid return to normal recruitment, Further, any impacts to marine mammal prediction of takes, additional distribution and behavior is anticipated. habitat are not expected to result in information that can qualitatively Any behavioral avoidance by fish of the significant or long-term consequences inform take estimates is also sometimes disturbed area would still leave for individual marine mammals, or to available (e.g., previous monitoring significantly large areas of fish and contribute to adverse impacts on their results or average group size). Due to the marine mammal foraging habitat in the populations. lack of marine marine mammal density, nearby vicinity in Revillagigedo NMFS relied local occurrence data and Estimated Take Channel, Behm Canal, and Clarence average group size to estimate take. Strait. Additionally, the City of This section provides an estimate of Below, we describe the factors Ketchikan within Tongass Narrows has the number of incidental takes proposed considered here in more detail and a busy industrial water front, and for authorization through these IHAs, present the proposed take estimates. human impact lessens the value of the which will inform both NMFS’ Acoustic Thresholds area as foraging habitat. There are times consideration of ‘‘small numbers’’ and of known seasonal marine mammal the negligible impact determinations. Using the best available science, foraging in Tongass Narrows around fish Harassment is the only type of take NMFS has developed acoustic processing/hatchery infrastructure or expected to result from these activities. thresholds that identify the received when fish are congregating, but the Except with respect to certain activities level of underwater sound above which impacted areas of Tongass Narrows are not pertinent here, section 3(18) of the exposed marine mammals would be a small portion of the total foraging MMPA defines ‘‘harassment’’ as any act reasonably expected to be behaviorally habitat available in the region. In of pursuit, torment, or annoyance, harassed (equated to Level B general, impacts to marine mammal which (i) has the potential to injure a harassment) or to incur PTS of some prey species are expected to be minor marine mammal or marine mammal degree (equated to Level A harassment). and temporary due to the short stock in the wild (Level A harassment); Level B Harassment for non-explosive timeframe of the project. or (ii) has the potential to disturb a sources—Though significantly driven by Construction activities, in the form of marine mammal or marine mammal received level, the onset of behavioral increased turbidity, have the potential stock in the wild by causing disruption disturbance from anthropogenic noise to adversely affect eulachon, herring, of behavioral patterns, including, but exposure is also informed to varying and juvenile salmonid outmigratory not limited to, migration, breathing, degrees by other factors related to the routes in the project area. Salmon and nursing, breeding, feeding, or sheltering source (e.g., frequency, predictability, forage fish, like eulachon and herring, (Level B harassment). duty cycle), the environment (e.g., form a significant prey base for Steller Authorized takes would primarily be bathymetry), and the receiving animals sea lions and are major components of by Level B harassment, as use of the (hearing, motivation, experience, the diet of many other marine mammal sources (i.e., impact/vibratory pile demography, behavioral context) and species that occur in the project area. driving and drilling) has the potential to can be difficult to predict (Southall et Increased turbidity is expected to occur result in disruption of behavioral al., 2007, Ellison et al., 2012). Based on only in the immediate vicinity of patterns for individual marine mammals what the available science indicates and construction activities and to dissipate and some small amount of TTS. There the practical need to use a threshold quickly with tidal cycles. Given the is also some potential for auditory based on a factor that is both predictable limited area affected and high tidal injury (Level A harassment) to result, and measurable for most activities, dilution rates any effects on fish are primarily for mysticetes, high frequency NMFS uses a generalized acoustic expected to be minor. species and phocids because predicted threshold based on received level to Additionally, the presence of auditory injury zones are larger than for estimate the onset of behavioral transient killer whales means some mid-frequency species and otariids. harassment. NMFS predicts that marine marine mammal species are also Auditory injury is unlikely to occur for, mammals are likely to be behaviorally possible prey (harbor seals, harbor mid-frequency species and otariids. The harassed in a manner we consider Level porpoises). ADOT&PF’s pile driving, proposed mitigation and monitoring B harassment when exposed to pile removal, and drilling are expected measures are expected to minimize the underwater anthropogenic noise above to result in limited instances of take by severity of such taking to the extent received levels of 120 dB re 1 mPa (rms) Level B and Level A harassment on practicable, and result in no take by (microPascal root mean square) for these smaller marine mammals. That, as Level A harassment for mysticetes. continuous (e.g., vibratory pile-driving, well as the fact that ADOT&PF is As described previously, no mortality drilling) and above 160 dB re 1 mPa impacting a small portion of the total is anticipated or proposed to be (rms) for non-explosive impulsive (e.g., available marine mammal habitat means authorized for this activity. Below we seismic airguns) or intermittent (e.g., that there will be minimal impact on describe how the take is estimated. scientific sonar) sources. Typically, and these marine mammals as prey. Generally speaking, we estimate take especially in cases where PTS is In summary, given the short daily by considering: (1) Acoustic thresholds predicted, NMFS anticipates that some duration of sound associated with above which NMFS believes the best number of individuals may incur TTS. individual pile driving and drilling available science indicates marine However, it is not necessary to events and the small area being affected mammals will be behaviorally harassed separately quantify those takes, as it is relative to available nearby habitat, pile or incur some degree of permanent very unlikely that an individual marine driving and drilling activities associated hearing impairment; (2) the area or mammal would be exposed at the levels with the proposed action are not likely volume of water that will be ensonified and duration necessary to incur TTS to have a permanent, adverse effect on above these levels in a day; (3) the without also being exposed to the levels

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associated with behavioral harassment Level A harassment for non-explosive impulsive (impact pile driving) and and, therefore, we expect any potential sources—NMFS’ Technical Guidance non-impulsive (vibratory pile driving/ TTS takes to be captured by the for Assessing the Effects of removal and drilling) sources. estimated takes by behavioral Anthropogenic Sound on Marine These thresholds are provided in harassment. Mammal Hearing (Version 2.0) (NMFS, Table 7 below. The references, analysis, 2018) identifies dual criteria to assess and methodology used in the Both phases of ADOT&PF’s proposed auditory injury (Level A harassment) to development of the thresholds are activity includes the use of continuous five different marine mammal groups described in NMFS 2018 Technical (vibratory pile driving/removal and (based on hearing sensitivity) as a result Guidance, which may be accessed at drilling) and impulsive (impact pile of exposure to noise from two different https://www.fisheries.noaa.gov/ driving) sources, and therefore both the types of sources (impulsive or non- national/marine-mammal-protection/ 120 and 160 dB re 1 mPa (rms) impulsive). Both phases of ADOT&PF’s marine-mammal-acoustic-technical- thresholds are applicable. proposed activity includes the use of guidance.

TABLE 7—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

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

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

Ensonified Area loudest noise associated with pile For vibratory driving of 24-inch steel installation. piles, data from a Navy pile driving Here, we describe operational and In order to calculate distances to the project in the Puget Sound, WA was environmental parameters of the activity Level A harassment and Level B reviewed (Navy, 2015). From this that will feed into identifying the area harassment sound thresholds for piles of review, ADOT&PF determined the ensonified above the acoustic various sizes being used in this project, Navy’s suggested source value of 161 dB thresholds, which include source levels NMFS used acoustic monitoring data rms was an appropriate proxy source and transmission loss coefficient. from other locations to develop source value, and NMFS concurs. Because the The sound field in the project area is levels (see Table 6). Note that piles of source value of smaller piles of the same the existing background noise plus differing sizes have different sound general type (steel in this case) are not additional construction noise from the source levels (SSLs). expected to exceed a larger pile, the proposed project. Marine mammals are Empirical data from recent ADOT&PF same 161 dB rms source value was used expected to be affected via sound sound source verification (SSV) studies for 18-inch and 16-inch steel piles. This generated by the primary components of at Ketchikan were used to estimate assumption conforms with source the project (i.e., impact pile driving, sound source levels for vibratory and values presented in Navy (2015) for a impact driving of 30-inch steel pipe vibratory pile driving, vibratory pile project using 16-inch steel piles at Naval piles and Kodiak for drilling (Denes et removal, and drilling). Base Kitsap in Bangor, WA. al. 2016). Data from Ketchikan was used For vibratory driving of both 27.6- Vibratory hammers produce constant because of its proximity to this inch and 30.3-inch sheet piles, sound when operating, and produce proposed project in Tongass Narrows ADOT&PF used a source level of 160 dB vibrations that liquefy the sediment and Kodiak drilling data was used as a rms. These source levels were reported surrounding the pile, allowing it to proxy here because of its relative in Caltrans (2015) summary tables for penetrate to the required seating depth. proximity. However, the use of data 24-inch steel sheet piles, and NMFS An impact hammer would then from Alaska sites was not appropriate in concurs that this value was an generally be used to place the pile at its all instances. Details are described acceptable proxy. intended depth. The actual durations of below. Finally, ADOT&PF used source values each installation method vary The source level for rock socket of 177 dB SEL and 190 dB rms for depending on the type and size of the drilling was derived from the above impact driving of 24-inch and 18-inch pile. An impact hammer is a steel mentioned ADOT&PF SSV study at steel piles. These values were device that works like a piston, Kodiak, Alaska. The reported median determined based on summary values producing a series of independent source value for drilling was determined presented in Caltrans (2015) for impact strikes to drive the pile. Impact to be 166.2 dB rms for all pile types driving of 24-inch steel piles. NMFS hammering typically generates the (Denes et al. 2016, Table 72). concurs that the same source value was

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an acceptable proxy for impact driving of 18-inch steel piles.

TABLE 8—ESTIMATES OF MEAN UNDERWATER SOUND LEVELS GENERATED DURING VIBRATORY AND IMPACT PILE INSTALLATION, DRILLING, AND VIBRATORY PILE REMOVAL

Method and pile type Sound source level at 10 meters Literature source Vibratory hammer dB rms

30-inch steel piles ...... 162 Denes et al. 2016, Table 72. 24-inch steel piles ...... 161 Navy 2015. 20-inch steel piles ...... 161 Navy 2015. 18-inch steel piles ...... 161 Navy 2015. 16-inch steel piles ...... 161 Navy 2015. 27.6-inch sheet pile ...... 160 Caltrans 2015. 30.3-inch sheet pile ...... 160 Caltrans 2015.

Drilling rock sockets dB rms

All pile diameters ...... 166.2 Denes et al. 2016, Table 72. Impact hammer dB rms dB SEL dB peak

30-inch steel piles ...... 195 181 209 Denes et al. 2016, Table 72. 24-inch steel piles ...... 190 177 203 Caltrans 2015. 18-inch steel piles ...... 190 177 203 Caltrans 2015. Note: It is assumed that noise levels during pile installation and removal are similar. Use of an impact hammer will be limited to 5–10 minutes per pile, if necessary. It is assumed that drilling produces the same SSL regardless of down-hole diameter. SEL = sound exposure level; dB peak = peak sound level; rms = root mean square.

Level B Harassment Zones the driven pile, and This distance determines the maximum R2 = the distance from the driven pile of the Level B harassment zone for the project. Transmission loss (TL) is the decrease initial measurement Other activities, including vibratory and in acoustic intensity as an acoustic The recommended TL coefficient for impact pile driving, will have smaller pressure wave propagates out from a most nearshore environments is the, Level B harassment zones. All Level B source. TL parameters vary with practical spreading value of 15. This harassment isopleths are reported in frequency, temperature, sea conditions, value results in an expected propagation Table 9 below and visualized in Figure current, source and receiver depth, environment that would lie between 6–3 (Phase 1) and Figure 6–7 (Phase 2) water depth, water chemistry, and spherical and cylindrical spreading loss in the IHA Application. It should be bottom composition and topography. conditions, which is the most noted that based on the geography of The general formula for underwater TL appropriate assumption for ADOT&PFs Tongass Narrows and the surrounding is: proposed activity. islands, sound will not reach the full TL = B * Log10 (R1/R2), Using the practical spreading model, distance of the Level B harassment Where ADOT&PF determined underwater noise isopleth in all directions. Generally, due TL = transmission loss in dB would fall below the behavioral effects to interaction with land, only a thin B = transmission loss coefficient; for practical threshold of 120 dB rms for marine slice of the possible area is ensonified spreading equals 15 mammals at a maximum radial distance to the full distance of the Level B R1 = the distance of the modeled SPL from of 12,023 m for rock socket drilling. harassment isopleth.

TABLE 9—CALCULATED DISTANCES TO LEVEL B HARASSMENT ISOPLETHS AND ENSONIFIED AREAS DURING PILE INSTALLATION AND REMOVAL

Isopleth- Isopleth- Isopleth-drilling Pile size impact Impact vibratory Vibratory (m) Drilling (m) (km2) (m) (km2) (km2) (160 dB) (120 dB) (120 dB)

Phase 1 Revilla side: 24-inch piles ...... 1,000 0.780348 5,412 3.224297 ...... 30-inch piles ...... 2,154 1.504843 6,310 3.584237 ...... Sheet pile ...... 4,642 2.856483 ...... Phase 1 Gravina side: 18-inch ...... 1,000 1.297393 5,412 9.361061 ...... 24-inch piles ...... 1,000 1.297393 5,412 9.361061 12,023 23.618314 30-inch piles ...... 2,154 3.077801 6,310 11.11939 12,023 23.618314 Sheet pile ...... 4,642 7.712967 ...... Phase 2 Revilla side: 24-inch ...... 1,000 0.780348 5,412 3.187212 ...... Phase 2 Gravina side: 16-inch ...... 5,412 8.03168 ...... 24-inch piles ...... 1,000 1.297393 5,412 8.03168 ......

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TABLE 9—CALCULATED DISTANCES TO LEVEL B HARASSMENT ISOPLETHS AND ENSONIFIED AREAS DURING PILE INSTALLATION AND REMOVAL—Continued

Isopleth- Isopleth- Isopleth-drilling impact Impact vibratory Vibratory Drilling Pile size 2 2 (m) 2 (m) (km ) (m) (km ) (120 dB) (km ) (160 dB) (120 dB)

30-inch piles ...... 2,154 3.077801 6,310 9.472484 12,023 23.618314

Level A Harassment Zones isopleths when more sophisticated 3D harassment isopleth. In this project, modeling methods are not available, and Level A harassment isopleths based on When the NMFS Technical Guidance NMFS continues to develop ways to SELcum were always larger than those (2016) was published, in recognition of quantitatively refine these tools, and based on Peak SPL. It should be noted the fact that ensonified area/volume will qualitatively address the output that there is a duration component could be more technically challenging where appropriate. For stationary when calculating the Level A to predict because of the duration sources such as impact/vibratory pile harassment isopleth based on SELcum, component in the new thresholds, we driving or drilling, NMFS User and this duration depends on the developed a User Spreadsheet that Spreadsheet predicts the closest includes tools to help predict a simple number of piles that will be driven in distance at which, if a marine mammal a day and strikes per pile. For some isopleth that can be used in conjunction remained at that distance the whole activities, ADOT&PF has proposed to with marine mammal density or duration of the activity, it would not occurrence to help predict takes. We incur PTS. Inputs used in the User drive variable numbers of piles per day note that because of some of the Spreadsheet, and the resulting isopleths throughout the project (See ‘‘Piles assumptions included in the methods are reported below (Table 10). Installed or Removed per day’’ in Table used for these tools, we anticipate that Level A harassment thresholds for 9), and determine at the beginning of isopleths produced are typically going impulsive sound sources (impact pile each pile driving day, how many piles to be overestimates of some degree, driving) are defined for both SELcum will be driven that day. Here, this which may result in some degree of and Peak SPL with the threshold that flexibility has been accounted for by overestimate of take by Level A results in the largest modeled isopleth modeling multiple durations for the harassment. However, these tools offer for each marine mammal hearing group activity, and determining the relevant the best way to predict appropriate used to establish the Level A isopleths.

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piles) driver continuous Impact pile (c) 1 to 3. (24-inch steel Impulsive, non- (b) 200 or 50 PREADSHEET S piles) driver continuous Impact pile (c) 1 to 3. (30-inch steel SER Impulsive, non- (b) 200 or 50 U SED IN piles) driver U continuous mins. 18-inch steel Vibratory pile (installation of Non-impulsive, (a) 1.5, 3 * 30 CTIVITY A ...... 2.5 ...... 2 ...... 2 ...... 2 ...... 2. piles) driver continuous mins. 24-inch steel Vibratory pile (installation of Non-impulsive, (a) 1.5, 3 * 30 RILLING D .... 15 ...... 15 ...... 15 ...... 15 ...... 15 ...... 15. piles) driver continuous mins. 24-inch steel Vibratory pile (installation of Non-impulsive, (a) 1.5, 3 * 30 RIVING AND D ILE P piles) driver continuous mins. 30-inch steel Vibratory pile (installation of Non-impulsive, (a) 1.5, 3 * 30 driver continuous mins * 10). sheet piles) ARAMETERS OF Vibratory pile (installation of (a) 2.5 (15 10—P removal ABLE continuous Non-impulsive, mins. Vibratory pile T (a) 2.5, 5 * 30 10 ...... 10 ...... 10 ...... 10 ...... 10 ...... 10 ...... 10 ...... 10 ...... 10 ...... 10. Equipment type Spreadsheet tab used Non-impulsive, hours. (meters) +. * Duration estimates for rock socket drilling are based on assumption of 3 sockets per day. 9 hours would be the estimated duration for drilling related to 30 inch piles, and 6 hours would be the ** For specifics of what number strikes and piles will be used in a given situation, please refer to Table 1 3. Source Level ...... Weighting Factor Adjustment (kHz) 161 SPL ...... (a) Activity duration (hours) within 24 2.5 160 SPL ...... 2.5(b) Number of strikes per pile. 162 SPL ...... (c) Number of piles per day. 2.5 161 SPL ...... Propagation (xLogR) 2.5 ...... 161 SPL ...... Distance of source level measurement ...... 15 2.5 ...... 161 SPL ...... 15 ...... 181 SEL ...... 15 ...... 177 SEL ...... 15 ...... 177 SEL ...... 166.2 SPL. for drilling related to 24 and 18 inch piles.

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TABLE 11—CALCULATED DISTANCES TO LEVEL A HARASSMENT ISOPLETHS DURING PILE INSTALLATION AND REMOVAL

Level A harassment isopleth distance Piles (meters) Minutes per pile or installed or Activity Pile diameter(s) strikes per pile removed Cetaceans Pinnipeds per day LF MF HF PW OW

Vibratory Installation .... 30-inch ...... 30 Minutes ...... 3 11 <1 15 6 <1 24-inch, 20-inch, 18- 15–30 Minutes ...... 3 9 <1 13 5 <1 inch. 27.6-inch sheet pile, 15 Minutes ...... 10 11 1 16 7 <1 30.3-inch sheet pile. Vibratory Removal ...... 24-inch ...... 30 Minutes ...... 5 13 1 19 8 <1 16-inch Drilling Rock Sockets ... 30-inch ...... 180 Minutes ...... 3 66 4 58 36 3 24-inch, 18-inch ...... 120 Minutes ...... 3 51 3 45 27 2 Impact Installation ...... 30-inch ...... 50 Strikes ...... 3 208 8 247 111 9 50 Strikes ...... 2 159 6 189 85 7 50 Strikes ...... 1 100 4 119 54 4 200 Strikes ...... 3 523 19 623 280 21 200 Strikes ...... 2 399 15 476 214 16 200 Strikes ...... 1 252 9 300 135 10 Impact Installation ...... 24-inch ...... 50 Strikes ...... 3 113 4 134 61 5 50 Strikes ...... 2 86 3 102 46 4 50 Strikes ...... 1 54 2 65 29 3 200 Strikes ...... 3 283 11 337 152 11 200 Strikes ...... 2 216 8 258 116 9 200 Strikes ...... 1 136 5 162 73 6 Impact Installation ...... 18-inch ...... 50 Strikes ...... 3 113 4 134 61 5 50 Strikes ...... 2 86 3 102 46 4 50 Strikes ...... 1 54 2 65 29 3 Note: A 10-meter shutdown zone will be implemented for all species and activity types to prevent direct injury of marine mammals.

Marine Mammal Occurrence and Take unafraid of humans when food sources Take Estimation for Phase 2: During Calculation and Estimation are available. For these reasons, we Phase 2, we anticipate Steller sea lions In this section we provide the conservatively estimate that one group would be exposed at the same rate as information about the presence, density, of 10 Steller sea lions may be present in during Phase 1. Phase 2 construction is or group dynamics of marine mammals the project area each day, but this planned to occur in the months of April, that will inform the take calculations. occurrence rate may as much as double May and June. Therefore, we expect that Additionally, we describe how the (20 Steller sea lions per day) during one large group (10 individuals) may be occurrence information is brought periods of increased abundance present in the Level B harassment zone together to produce a quantitative take associated with the herring and salmon once per day for 9 days in June, with an estimate for each phase. Table 12 and 13 runs (March to May and July to increase to 2 large groups per day when below show take from Phase 1 and September). fish runs occur for 9 days each month Phase 2, respectively, as a percentage of Take Estimation for Phase 1: During in April and May. Therefore, we population for each of the species. Phase 1, we anticipate that one large estimate a total of 450 potential takes of group (10 individuals) may be present Steller sea lions by Level B harassment Steller Sea Lion in the Level B harassment zone once per (i.e., 1 group of 10 sea lions per day × Steller sea lion abundance in the day. However, as discussed above, we 9 days in June + 2 groups of 10 sea lions Tongass Narrows area is not well anticipate that exposure may be as per day × 9 days per month in both known. No systematic studies of Steller much as twice this rate during March, April and May = 450 sea lions) (Table sea lions have been conducted in or April, May, July, August, and 13). near the Tongass Narrows area. Steller September, due to the increased Take by Level A harassment is not sea lions are known to occur year-round presence of prey. Therefore, we expected for Steller sea lions in Phase and local residents report observing anticipate that two large groups (20 2, because of the small Level A Steller sea lions about once or twice per individuals) may be present in the Level harassment zones for otarrids (Table 11) week (based on communication B harassment zone each day during and the expected effectiveness of the outlined in Section 3 of the IHA these months (approximately half of proposed monitoring and mitigation application). Abundance appears to Phase 1). Therefore, we estimate a total measures discussed below. increase during herring runs (March to of 2,160 potential takes of Steller sea May) and salmon runs (July to lions by Level B harassment (i.e., 1 Harbor Seal September). Group sizes are generally 6 group of 10 sea lions per day × 72 days Harbor seal densities in the Tongass to 10 individuals (Freitag 2017 as cited [or half of Phase 1] + 2 groups of 10 sea Narrows area are not well known. No in 83 FR 37473) but have been reported lions per day × 72 days = 2,160 sea systematic studies of harbor seals have to reach 80 animals (HDR 2003). lions) (Table 12). been conducted in or near Tongass Tongass Narrows represents an area of Take by Level A harassment is not Narrows. They are known to occur year- high anthropogenic activity that sea expected for Steller sea lions in Phase round with little seasonal variation in lions would normally avoid, but at least 1, because of the small Level A abundance (Freitag 2017 as cited in 83 three seafood processing plants and two harassment zones for otarrids (Table 11) FR 37473) and local experts estimate fish hatcheries may be attractants to and the expected effectiveness of the that there are about 1 to 3 harbor seals these opportunistic scavengers and proposed monitoring and mitigation in Tongass Narrows every day, in predators. Sea lions are generally measures discussed below. addition to those that congregate near

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the seafood processing plants and fish Harbor Porpoise year. Their relative rarity is supported hatcheries. Based on this knowledge, Harbor porpoises are non-migratory; by Jefferson et al.’s (2019) presentation the expected maximum group size in therefore, our occurrence estimates are of historical survey data showing very Tongass Narrows is three individuals. not dependent on season. Freitag (2017 few sightings in the Ketchikan area and Harbor seals are known to be curious as cited in 83 FR 37473) observed conclusion that Dall’s porpoise and may approach novel activity. For harbor porpoises in Tongass Narrows generally are rare in narrow waterways, these reasons we conservatively zero to one time per month. Harbor like the Tongass Narrows. This species estimate that up to two groups of 3 porpoises observed in the project is non-migratory; therefore, our harbor seals per group could be exposed vicinity typically occur in groups of one occurrence estimates are not dependent to project-related underwater noise each to five animals with an estimated on season. We anticipate that one large day. Additionally, a smaller number of maximum group size of eight animals Dall’s porpoise pod (15 individuals) harbor seals could occasionally be (83 FR 37473, August 1, 2018, Solstice (Freitag 2017, as cited in 83 FR37473) present in the Level A harassment (PTS) 2018). For our impact analysis, we are may be present in the project area each zone and exposed to sound levels for a considering a group to consist of five month during construction. duration expected to result in take by animals, a value on the high end of the Additionally Dall’s porpoises may rarely Level A harassment. To account for typical group size. Based on Freitag be present in the applicable Level A these uncommon instances, ADOT&PF (2017), and supported by the reports of harassment zone and be exposed to assumed and NMFS agrees that the knowledgeable locals as described in sound levels for a duration expected to equivalent of six groups of three the application, it is estimated that one result in take by Level A harassment. To individuals may be exposed in the Level group of harbor porpoises could enter account for this rare circumstance, A harassment zone during the whole of Tongass Narrows and potentially be ADOT&PF assumes and NMFS concurs Phase 1, and the equivalent of three exposed to project related noise each that the equivalent of one group of 15 groups of three individuals may be month. Additionally harbor porpoises individuals may be exposed to sound exposed during the whole of Phase 2. may rarely enter the applicable Level A levels in the Level A harassment zone Because of the nature of take by Level harassment zone and be exposed to for a duration expected to result in take A harassment (small zone size, factoring sound levels for a duration expected to during the whole of Phase 1, and one in duration of exposure) and possibility result in take by Level A harassment, group of 15 individuals may be present for a marine mammal group to be spread necessitating the proposed authorization during the whole of Phase 2. over a relatively large area compared to of take by Level A harassment. Take Estimation for Phase 1: During the Level A harassment zone, take by Take Estimation for Phase 1: During Phase 1, we estimate that 180 Dall’s Level A harassment will likely not occur Phase 1, we estimate that two groups of porpoises could be present in the Level to an entire group at once. Despite being harbor porpoises could be present in the B harassment zone (i.e., 15 individuals × expected to occur on an individual Level B harassment zone each month for per month 12 months of construction basis, these group size estimates still a total of 120 takes of harbor porpoises = 180 total potential takes by Level B serve as the basis for take estimation for by Level B harassment (i.e., 2 groups of harassment) (Table 12). harbor seals. 5 per month × 12 months = 120 harbor During Phase 1, we anticipate that the Take Estimation for Phase 1: During porpoises) (Table 12). equivalent of one group of 15 Phase 1, we anticipate that two groups During Phase 1, we anticipate that 5 individuals may be exposed to sound of 3 individuals could be present in the individuals (the equivalent of one levels in the Level A harassment zone Level B harassment zone once per day group) may enter the Level A for a duration expected to result in take, for a total of 864 takes of harbor seals harassment zone undetected, and be resulting in take by Level A harassment by Level B harassment (i.e., 6 exposed to sound levels for a duration of 15 individual Dall’s porpoises. individuals per day × 144 days = 864 expected to result in take by Level A Take Estimation for Phase 2: During seals) (Table 12). harassment, approximately once during Phase 2, we estimate that 45 Dall’s During Phase 1, it is possible, but every 4 months of construction, for a porpoises could be present in the Level total of 15 potential takes by Level A B harassment zone (i.e., 15 individuals unlikely, that harbor seals may be × exposed to sound levels in the Level A harassment. per month 3 months of construction harassment zone for a duration expected Take Estimation for Phase 2: During = 45 takes by Level B harassment) to result in take. Therefore, NMFS is Phase 2, we estimate that two groups of (Table 13). proposing take by Level A harassment harbor porpoises may be present in the During Phase 2, we anticipate that the for the equivalent of six groups (18 Level B harassment zone each month for equivalent of one group of 15 individuals) during Phase 1. a total of 30 individuals takes by Level individuals may be exposed to sound B harassment (i.e., 2 groups of 5 per levels in the Level A harassment zone Take Estimation for Phase 2: During month × 3 months = 30 harbor for a duration expected to result in take, Phase 2, we anticipate that two groups porpoises) (Table 13). resulting in take by Level A harassment of 3 individuals could be present in the During Phase 2, we anticipate that the of 15 individual Dall’s porpoises. Level B harassment zone once per day equivalent of two groups of 5 Pacific White-Sided Dolphin for a total of 162 takes of harbor seals individuals may enter the Level A by Level B harassment (i.e., 6 Pacific white-sided dolphins do not × harassment zone undetected, and be individuals per day 27 days = 162 exposed to sound levels for a duration generally occur in the shallow, inland seals) (Table 11). expected to result in take by Level A waterways of Southeast Alaska. There During Phase 2, we anticipate that the harassment, during the 3 months of are no records of this species occurring equivalent of three groups of 3 construction, for a total of 10 potential in Tongass Narrows, and it is individuals may be present in the Level takes by Level A harassment. uncommon for individuals to occur in A harassment zone without detection. the proposed project area. However, Therefore, NMFS is proposing take by Dall’s Porpoise historical sightings in nearby areas Level A harassment of 9 harbor seals Dall’s porpoises are expected to only (Dahlheim and Towell 1994; Muto et al. during Phase 2. occur in the project area a few times per 2018) and recent fluctuations in

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distribution and abundance mean it is takes of killer whales by Level B has been increased to 17 takes by Level possible the species could be present. harassment) (Table 13). B harassment. The difference in To account for the possibility that this Take by Level A harassment is not calculations is the result of a slight species may be present in the project expected for killer whales in Phase 2, difference in rounding between the area, we conservatively predict that one because of the small Level A harassment Biological Opinion and the method large group (50 individuals) of Pacific zones for mid-frequency cetaceans presented here. This increase in white-sided dolphins may experience (Table 11) and the expected estimated take is a conservative change. take by Level B harassment during each effectiveness of the proposed Based on the estimated proportion of phase of the proposed activity. monitoring and mitigation measures humpback whales in Southeast Alaska Take Estimation for Phase 1: 50 takes discussed below. that belong to the ESA-listed Mexico by Level B harassment (Table 12). Humpback Whale DPS, 6.1 percent (Wade et al., 2016), Take by Level A harassment is not there would be an estimated 1 take by expected for Pacific white-sided As discussed in ‘‘Description of Level B harassment of Mexico DPS dolphins in Phase 1, because of the Marine Mammals in the Area of humpback whales. This estimate small Level A harassment zones for Specified Activities,’’ locals have concurs with the assessment presented mid-frequency cetaceans (Table 9) and observed humpback whales about once in the Biological Opinion (Table 13). the expected effectiveness of the per week, on average, in Tongass Take by Level A harassment is not proposed monitoring and mitigation Narrows but there is evidence to suggest expected for humpback whales in Phase measures discussed below. occurrence may be higher during some 2, because of the expected effectiveness Take Estimation for Phase 2: 50 takes periods of the year. In the Biological of the proposed monitoring and by Level B harassment (Table 13). Opinion provided to USACE for this mitigation measures and detecting and Take by Level A harassment is not ADOT&PF project, NMFS determined, avoiding take by Level A harassment via expected for Pacific white-sided based on the observations of local shutdowns of pile installation dolphins in Phase 2, because of the experts, that across the whole year, equipment. small Level A harassment zones for approximately one group of two mid-frequency cetaceans (Table 9) and individuals would be present in Minke Whales the expected effectiveness of the Tongass Narrows during ADOT&PF Minke whales may be present in proposed monitoring and mitigation activity two times every seven days Tongass Narrows year-round. Their measures discussed below. during pile driving, pile removal, and abundance throughout Southeast Alaska drilling activities. is very low, and anecdotal reports have Killer Whale Take Estimation for Phase 1: Based on not included minke whales near the Killer whales are observed in Tongass the estimated occurrence rate of 2 project area. However, minke whales are Narrows irregularly with peaks in groups of 2 individuals every 7 days and distributed throughout a wide variety of abundance between May and July. A an anticipated timeframe of Phase 1 pile habitats and could occur near the previous incidental take authorization driving to occur over the course of 144 project area. Minke whales are generally in the Ketchikan area estimated killer days (Table 1), an estimated total of 82 sighted as individuals (Dahlheim et al. whale occurrence in Tongass Narrows at humpback whales are expected to be 2009). Based on Freitag (2017 as cited in one pod per month (Freitag 2017 as present in the Level B harassment zone 83 FR 37473) it is estimated that three cited in 83 FR 37473). We estimate that during project activity. Of these 82 individual minke whales may occur one pod of 12 individuals may be takes, based on the estimated proportion near or within Tongass Narrows every 4 present and exposed to project-related of humpback whales in Southeast months. underwater noise every month except Alaska that belong to the ESA-listed Take Estimation for Phase 1: Based on between May and July, when two pods Mexico DPS, 6.1 percent (Wade et al., the estimated occurrence rate of three of 12 individuals may be present and 2016), there would be an estimated 5 individuals every four months, we exposed. takes by Level B harassment of Mexico predict that 9 minke whales (i.e., 3 Take Estimation for Phase 1: During DPS humpback whales. This estimated individuals over a 4 month time period Phase 1, we predict that a total of 180 take of the Mexico DPS concurs with the and 12 months of work = 9 individuals killer whales may be present in the assessment presented in Biological in 12 months) may be present in the Level B harassment zone (i.e., (12 Opinion (Table 12). Level B harassment zone during the 12 exposures per month × 9 months) + (24 Take by Level A harassment is not month duration of Phase 1, resulting in exposures per month × 3 months) = 180 expected for humpback whales in Phase 9 takes of minke whales by Level B takes of killer whales by Level B 1, because of the expected effectiveness harassment (Table 12). harassment) (Table 12). of the proposed monitoring and Take by Level A harassment is not Take by Level A harassment is not mitigation measures and detecting and expected for minke whales in Phase 1, expected for killer whales in Phase 1, avoiding take by Level A harassment via because of the expected effectiveness of because of the small Level A harassment shutdowns of pile installation the proposed monitoring and mitigation zones for mid-frequency cetaceans equipment. measures at detecting and avoiding take (Table 11) and the expected Take Estimation for Phase 2: Based on by Level A harassment via shutdowns of effectiveness of the proposed the estimated occurrence rate of 2 pile installation equipment. monitoring and mitigation measures groups of 2 individuals every 7 days and Additionally, minke whales are discussed below. an anticipated timeframe of Phase 2 pile expected to be rare in the project area Take Estimation for Phase 2: During driving to occur over the course of 27 so they will likely not occur in the Level Phase 2, we anticipate that construction days (Table 3), an estimated total of 16 A harassment zone. would occur in April, May and June. humpback whales were initially Take Estimation for Phase 2: Based on Therefore, a total of 96 killer whales expected to be present in the Level B the estimated occurrence rate of three may be present in the Level B harassment zone during project activity. individuals every 4 months, we harassment zone (i.e., 12 exposures per At the ADOT&PF’s request, and based conservatively predict that 3 minke month × 1 month (April) + 24 exposures on the analysis in the Biological whales may be present in the Level B per month × 2 months (May, June) = 60 Opinion, this take estimate for Phase 2 harassment zone during the 3 month

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duration of Phase 2, resulting in 3 takes because of the expected effectiveness of equipment. Additionally, minke whales of minke whales by Level B harassment the proposed monitoring and mitigation are expected to be rare in the project (Table 13). measures and detecting and avoiding area so they will likely not occur in the Take by Level A harassment is not take by Level A harassment via Level A harassment zone. expected for minke whales in Phase 2, shutdowns of pile installation

TABLE 12—PROPOSED TAKE ESTIMATES AS A PERCENTAGE OF STOCK ABUNDANCE FOR PHASE 1

Estimated Estimated Total number of number of estimated Instances of Species DPS/stock exposures exposures exposures Stock take as to Level B to Level A (Level A and abundance percentage harassment harassment Level B) of population

Steller sea lion ...... Eastern DPS ...... 2,160 0 2,160 41,638 5.2 Harbor seal ...... Clarence Strait ...... 846 18 864 31,634 2.7 Harbor porpoise ...... Southeast Alaska ...... 105 15 120 11,146 1.1 Dall’s porpoise ...... Alaska ...... 165 15 180 83,400 0.2 Pacific white-sided dolphin North Pacific ...... 50 0 50 26,880 0.2 Killer whale ...... West Coast transient ...... 180 0 180 2,347 a 7.7 Alaska resident ...... 261 a 69.0 Northern Resident ...... 243 a 74.1 Humpback whale ...... Hawaii DPS ...... 77 0 77 11,398 b 0.7 Mexico DPS ...... 5 0 5 3,264 b 0.2 Minke whale ...... Alaska ...... 9 0 9 Unknown N/A Note: DPS = distinct population segment. a These percentages assume all takes come from the same killer whale stock, thus the percentage should be adjusted down if multiple stocks are actually affected. b Assumes that 6.1 percent of humpback whales exposed are members of the Mexico DPS (Wade et al. 2016).

TABLE 13—PROPOSED TAKE ESTIMATES AS A PERCENTAGE OF STOCK ABUNDANCE FOR PHASE 2

Steller sea lion ...... Eastern DPS ...... 450 0 450 41,638 1.1 Harbor seal ...... Clarence Strait ...... 162 9 171 31,634 0.5 Harbor porpoise ...... Southeast Alaska ...... 30 10 40 11,146 0.4 Dall’s porpoise ...... Alaska ...... 45 15 60 83,400 <0.1 Pacific white-sided dolphin North Pacific ...... 50 0 50 26,880 0.2 Killer whale ...... West Coast transient ...... 2,347 a 4.1 Alaska resident ...... 96 0 96 261 a 36.8 Northern Resident ...... 243 a 39.5 Humpback whale ...... Hawaii DPS ...... 16 0 16 11,398 b 0.1 Mexico DPS ...... 1 0 1 3,264 b <0.1 Minke whale ...... Alaska ...... 6 0 6 Unknown N/A Note: DPS = distinct population segment. a These percentages assume all takes come from the same killer whale stock, thus the percentage should be adjusted down if multiple stocks are actually impacted. b Assumes that 6.1 percent of humpback whales exposed are members of the Mexico DPS (Wade et al. 2016).

Proposed Mitigation conducting such activity or other means the nature of the potential adverse In order to issue an IHA under of effecting the least practicable adverse impact being mitigated (likelihood, Section 101(a)(5)(D) of the MMPA, impact upon the affected species or scope, range). It further considers the NMFS must set forth the permissible stocks and their habitat (50 CFR likelihood that the measure will be methods of taking pursuant to such 216.104(a)(11)). effective if implemented (probability of activity, and other means of effecting In evaluating how mitigation may or accomplishing the mitigating result if the least practicable impact on such may not be appropriate to ensure the implemented as planned), the species or stock and its habitat, paying least practicable adverse impact on likelihood of effective implementation particular attention to rookeries, mating species or stocks and their habitat, as (probability implemented as planned), grounds, and areas of similar well as subsistence uses where and; significance, and on the availability of applicable, we carefully consider two (2) the practicability of the measures such species or stock for taking for primary factors: for applicant implementation, which certain subsistence uses. NMFS (1) The manner in which, and the may consider such things as cost, regulations require applicants for degree to which, the successful incidental take authorizations to include implementation of the measure(s) is impact on operations, and, in the case information about the availability and expected to reduce impacts to marine of a military readiness activity, feasibility (economic and technological) mammals, marine mammal species or personnel safety, practicality of of equipment, methods, and manner of stocks, and their habitat. This considers implementation, and impact on the

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effectiveness of the military readiness location; or (2) positioning of the pile on is generally to define an area within activity. the substrate via a crane (i.e., stabbing which shutdown of activity would In addition to the measures described the pile); occur upon sighting of a marine • later in this section, ADOT&PF must Work may only occur during mammal (or in anticipation of an animal employ the following standard daylight hours, when visual monitoring entering the defined area). Shutdown mitigation measures: of marine mammals can be conducted; zones will vary based on the activity • For any marine mammal species for • Conduct briefings between type, marine mammal hearing group, which take by Level B harassment has construction supervisors and crews and and in the case of impact pile driving, not been requested or authorized, in- the marine mammal monitoring team additional details about the activity water pile installation/removal and prior to the start of all pile driving including the expected number of pile drilling will shut down immediately strikes required, size of the pile, and activity, and when new personnel join when the animals are sighted; number of piles to be driving during the work, to explain responsibilities, • If take by Level B harassment communication procedures, marine reaches the authorized limit for an that day (See Table 10). Here, shutdown mammal monitoring protocol, and authorized species, pile installation will zones are larger than the calculated operational procedures; be stopped as these species approach Level A harassment isopleth shown in • For in-water heavy machinery work the Level B harassment zone to avoid Table 11. The largest shutdown zones other than pile driving/removal and additional take of them. are generally for low frequency and high drilling (e.g., standard barges, tug boats), The following mitigation measures frequency cetaceans as shown in Table if a marine mammal comes within 10 m, would apply to ADOT&PF’s in-water 14. The placement of Protected Species operations shall cease and vessels shall construction activities: Observers (PSOs) during all pile driving, reduce speed to the minimum level Establishment of Shutdown Zone for pile removal and drilling activities required to maintain steerage and safe Level A Harassment—For all pile (described in detail in the Proposed working conditions. This type of work driving/removal and drilling activities, Monitoring and Reporting Section) will could include the following activities: ADOT&PF will establish a shutdown ensure that the entire shutdown zone is (1) Movement of the barge to the pile zone. The purpose of a shutdown zone visible during pile installation. TABLE 14—PROPOSED SHUTDOWN ZONES

Level B Shutdown distances Pile size Minutes per Piles installed harassment (m) Activity (inches) pile or strikes or removed isopleth per pile per day (m) LF MF HF PW OW

Vibratory Installation ...... 30 ...... 30 min ...... 3 6,310 50 24, 18 ...... 30 min ...... 3 5,420 27.6 sheet pile, 30.3 sheet 15 min ...... 10 4,650 pile. Vibratory Removal ...... 24, 16 ...... 30 min ...... 5 5,420

Drilling Rock Sockets ...... 30 ...... 180 min ...... 3 12,030 70 50 60 50

24, 18 ...... 120 min ...... 3 60 50

Impact Installation ...... 30 ...... 50 strikes ...... 3 2,160 250 50 250 150 50 2 200 200 100 1 100 150 100 200 strikes ...... 3 550 650 300 2 400 500 250 1 300 300 150

24 ...... 50 strikes ...... 3 1,000 150 150 100 2 100 150 50 1 100 100 50 200 strikes ...... 3 300 350 200 2 250 300 150 1 150 200 100 18 ...... 50 strikes ...... 3 150 150 100 2 100 150 50 1 100 100 50

Establishment of Monitoring Zones for and communicate the presence of impracticable for the PSOs to Level B Harassment—ADOT&PF will marine mammals in the project area consistently view the entire harassment establish monitoring zones, based on the outside the shutdown zone and thus area. Due to this, takes by Level B Level B harassment zones which are prepare for a potential cease of activity harassment will be recorded and areas where SPLs are equal to or exceed should the animal enter the shutdown extrapolated based upon the number of the 160 dB rms threshold for impact zone. The isopleths for the Level B observed takes and the percentage of the driving and the 120 dB rms threshold harassment zones are depicted in Table Level B harassment zone that was not during vibratory driving, removal and 9. As shown, the largest Level B visible. drilling. Monitoring zones provide harassment zone for both Phase 1 and In order to observe as much of the utility for observing by establishing Phase 2 extends to a radius of 12,023 monitoring zone as possible, one PSO monitoring protocols for areas adjacent meters in at least one direction up or will be centrally located near the to the shutdown zones. Monitoring down Tongass Narrows (Figure 6–3 and worksite where pile installation/ zones enable observers to be aware of 6–7 in IHA Application), making it removal is occurring that day, and

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primarily tasked with observing the can continue even if visibility becomes • Individual marine mammal shutdown zones. Other PSOs will begin impaired within the Level B harassment responses (behavioral or physiological) at the central worksite and travel along zone. When a marine mammal to acoustic stressors (acute, chronic, or the Tongass Narrows until they have permitted for take by Level B cumulative), other stressors, or reached the edges of the monitoring harassment is present in the Level B cumulative impacts from multiple zone, based on the Level B harassment harassment zone, piling activities may stressors. zone. These PSOs will then monitor the begin and take by Level B will be • How anticipated responses to edges of the monitoring zone and as recorded. As stated above, if the entire stressors impact either: (1) Long-term much as possible of the rest of the Level B harassment zone is not visible fitness and survival of individual monitoring zone, allowing awareness of at the start of construction, piling or marine mammals; or (2) populations, animals entering the Level B harassment drilling activities can begin. If work species, or stocks. • zone. If waters exceed a sea state that ceases for more than 30 minutes, the Effects on marine mammal habitat restricts the MMO’s ability to make pre-activity monitoring of both the Level (e.g., marine mammal prey species, observations within the Level A B harassment and shutdown zone will acoustic habitat, or other important harassment zones (e.g., excessive wind commence. physical components of marine or fog), pile installation and removal mammal habitat). Based on our evaluation of the • must cease. Pile driving must not be re- applicant’s proposed measures NMFS Mitigation and monitoring initiated until the entire relevant Level has preliminarily determined that the effectiveness. A harassment zones are visible. proposed mitigation measures provide Visual Monitoring Soft Start—The use of a soft-start the means of effecting the least Monitoring would be conducted 30 procedure are believed to provide practicable impact on the affected additional protection to marine minutes before, during, and 30 minutes species or stocks and their habitat, after pile driving/removal and drilling mammals by providing warning and/or paying particular attention to rookeries, giving marine mammals a chance to activities. In addition, observers shall mating grounds, and areas of similar record all incidents of marine mammal leave the area prior to the hammer significance. operating at full capacity. For impact occurrence, regardless of distance from pile driving, contractors will be required Proposed Monitoring and Reporting activity, and shall document any to provide an initial set of strikes from behavioral reactions in concert with In order to issue an IHA for an distance from piles being driven or the hammer at reduced percent energy, activity, Section 101(a)(5)(D) of the each strike followed by no less than a removed. Pile driving activities include MMPA states that NMFS must set forth the time to install or remove a single 30-second waiting period. This requirements pertaining to the procedure will be conducted a total of pile or series of piles, as long as the time monitoring and reporting of such taking. elapsed between uses of the pile driving three times before impact pile driving The MMPA implementing regulations at begins. Soft Start is not required during equipment is no more than thirty 50 CFR 216.104 (a)(13) indicate that minutes. vibratory pile driving and removal requests for authorizations must include activities. If a marine mammal is present There will be at least two PSOs the suggested means of accomplishing monitoring at all specified times. PSOs within the Level A harassment zone, the necessary monitoring and reporting soft start will be delayed until the will not perform duties for more than 12 that will result in increased knowledge animal leaves the Level A harassment hours in a 24-hour period. PSOs would of the species and of the level of taking zone. Soft start will begin only after the be land-based observers, positioned at or impacts on populations of marine MMO has determined, through sighting, the best practical vantage points. mammals that are expected to be that the animal has moved outside the Suitable observation points are available present in the proposed project area. Level A harassment zone. If a marine from the Tongass Highway (Revillia Effective reporting is critical both to mammal is present in the Level B Island) and Gravina Airport Access compliance as well as ensuring that the harassment zone, soft start may begin Road (Gravina Island). The positions most value is obtained from the required and a Level B take will be recorded. Soft may vary based on construction activity monitoring. start up may occur when these species and location of piles or equipment. One are in the Level B harassment zone, Monitoring and reporting PSO, generally the lead, will be whether they enter the Level B zone requirements prescribed by NMFS stationed centrally near the work site. from the Level A zone or from outside should contribute to improved This individual will be able to monitor the Project area. understanding of one or more of the all Level A harassment zones under Pre-Activity Monitoring—Prior to the following: normal circumstances. Depending on start of daily in-water construction • Occurrence of marine mammal the activity (vibratory driving/removal, activity, or whenever a break in pile species or stocks in the area in which drilling, or impact driving), additional driving of 30 minutes or longer occurs, take is anticipated (e.g., presence, PSOs will be stationed along the road the observer will observe the shutdown abundance, distribution, density). system, as described above in ‘‘Proposed and monitoring zones for a period of 30 • Nature, scope, or context of likely Mitigation.’’ With this configuration, minutes. The shutdown zone will be marine mammal exposure to potential PSOs can have a full view of the Level cleared when a marine mammal has not stressors/impacts (individual or A harassment zone and awareness of as been observed within the zone for that cumulative, acute or chronic), through much of the Level B harassment zone as 30-minute period. If a marine mammal better understanding of: (1) Action or possible. This monitoring will provide is observed within the shutdown zone, environment (e.g., source information on marine mammal a soft-start cannot proceed until the characterization, propagation, ambient occurrence within Tongass Narrows and animal has left the zone or has not been noise); (2) affected species (e.g., life how these marine mammals are observed for 15 minutes. If the Level B history, dive patterns); (3) co-occurrence impacted by pile installation and harassment zone has been observed for of marine mammal species with the removal. 30 minutes and marine mammals are action; or (4) biological or behavioral As part of monitoring, PSOs would not present within the zone, soft start context of exposure (e.g., age, calving or scan the waters using binoculars, and/ procedures can commence and work feeding areas). or spotting scopes, and would use a

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handheld GPS or range-finder device to this action. In recognition of the value within 30 days after receipt of verify the distance to each sighting from of marine mammal monitoring in comments. the project site. All PSOs would be understanding the impacts of In the unanticipated event that the trained in marine mammal ADOT&PF’s activity, NMFS is requiring specified activity clearly causes the take identification and behaviors and are that ADOT&PF submit a preliminary of a marine mammal in a manner required to have no other project-related marine mammal monitoring report for prohibited by the IHAs (if issued), such tasks while conducting monitoring. In Phase 1 of the project (2020 through as an injury, serious injury or mortality, addition, monitoring will be conducted 2021) at least 4 months prior to the ADOT&PF would immediately cease the by qualified observers, who will be effective date of the second IHA and specified activities and report the placed at the best vantage point(s) initiation of Phase 2. This preliminary incident to the Chief of the Permits and practicable to monitor for marine report must contain all items that would Conservation Division, Office of mammals and implement shutdown/ be included in the draft final report, Protected Resources, NMFS, and the delay procedures when applicable by listed below under ‘‘Reporting’’. This Alaska Regional Stranding Coordinator. calling for the shutdown to the hammer will allow NMFS to assess the impact of The report would include the following operator. Qualified observers are trained the proposed action relative to the information: and/or experienced professionals, with analysis presented here, and modify the • Description of the incident; • the following minimum qualifications: IHA for Phase 2 if the preliminary Environmental conditions (e.g., • Visual acuity in both eyes Beaufort sea state, visibility); monitoring report shows unforeseen • (correction is permissible) sufficient for impacts on marine mammals in the area. Description of all marine mammal discernment of moving targets at the If needed, NMFS will publish a Federal observations in the 24 hours preceding the incident; water’s surface with ability to estimate Register Notice for a proposed amended • target size and distance; use of IHA, describing any changes but Species identification or binoculars may be necessary to correctly referencing the original IHA for Phase 2, description of the animal(s) involved; • Fate of the animal(s); and identify the target. and include an opportunity for the • • Independent observers (i.e., not Photographs or video footage of the public to comment on the amended animal(s) (if equipment is available). construction personnel). authorization. • Observers must have their CVs/ Activities would not resume until resumes submitted to and approved by Reporting NMFS is able to review the circumstances of the prohibited take. NMFS Separate draft marine mammal NMFS would work with ADOT&PF to • Advanced education in biological monitoring reports must be submitted to determine what is necessary to science or related field (i.e., NMFS within 90 days after the minimize the likelihood of further undergraduate degree or higher). completion of both Phase 1 and Phase prohibited take and ensure MMPA Observers may substitute education or 2 pile driving, pile removal, and drilling compliance. ADOT&PF would not be training for experience. activities. These reports will include an able to resume their activities until • Experience and ability to conduct overall description of work completed, notified by NMFS via letter, email, or field observations and collect data a narrative regarding marine mammal according to assigned protocols (this telephone. sightings, and associated PSO data In the event that ADOT&PF discovers may include academic experience). sheets. Specifically, the reports must • At least one observer must have an injured or dead marine mammal, and include: the lead PSO determines that the cause prior experience working as an observer. • Date and time that monitored • of the injury or death is unknown and Experience or training in the field activity begins or ends; identification of marine mammals, • Construction activities occurring the death is relatively recent (e.g., in including the identification of during each observation period; less than a moderate state of behaviors. • Weather parameters (e.g., percent decomposition as described in the next • Sufficient training, orientation, or cover, visibility); paragraph), ADOT&PF would experience with the construction • Water conditions (e.g., sea state, immediately report the incident to the operation to provide for personal safety tide state); Chief of the Permits and Conservation during observations. • Species, numbers, and, if possible, Division, Office of Protected Resources, • Writing skills sufficient to prepare a sex and age class of marine mammals; NMFS, and the NMFS Alaska Stranding report of observations including but not • Description of any observable Hotline and/or by email to the Alaska limited to the number and species of marine mammal behavior patterns, Regional Stranding Coordinator. The marine mammals observed; dates and including bearing and direction of travel report would include the same times when in-water construction and distance from pile driving activity; information identified in the paragraph activities were conducted; dates and • Distance from pile driving activities above. Activities would be able to times when in-water construction to marine mammals and distance from continue while NMFS reviews the activities were suspended to avoid the marine mammals to the observation circumstances of the incident. NMFS potential incidental injury from point; would work with ADOT&PF to construction sound of marine mammals • Locations of all marine mammal determine whether modifications in the observed within a defined shutdown observations; activities are appropriate. zone; and marine mammal behavior. • An estimate of total take based on In the event that ADOT&PF discovers • Ability to communicate orally, by proportion of the monitoring zone that an injured or dead marine mammal and radio or in person, with project was observed; and the lead PSO determines that the injury personnel to provide real-time • Other human activity in the area. or death is not associated with or related information on marine mammals If no comments are received from to the activities authorized in these observed in the area as necessary. NMFS within 30 days, that phase’s draft IHAs (e.g., previously wounded animal, final report will constitute the final carcass with moderate to advanced Preliminary Reporting report. If comments are received, a final decomposition, or scavenger damage), NMFS is proposing to issue two report for the given phase addressing ADOT&PF would report the incident to distinct and consecutive IHAs within NMFS comments must be submitted the Chief of the Permits and

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Conservation Division, Office of both Phase 1 and Phase 2 is similar in by ADOT&PF’s proposed activities. For Protected Resources, NMFS, and the nature, so the impacts are expected to be humpback whales, the whole of NMFS Alaska Stranding Hotline and/or similar and are analyzed as such, unless Southeast Alaska is a seasonally by email to the Alaska Regional otherwise noted. important BIA from spring through late Stranding Coordinator, within 24 hours NMFS does not anticipate that serious fall (Ferguson et al., 2015), however, of the discovery. ADOT&PF would injury or mortality would occur as a Tongass Narrows is not an important provide photographs, video footage (if result of ADOT&PF’s proposed activity. portion of this habitat due to available), or other documentation of As stated in the proposed mitigation development and human presence. the stranded animal sighting to NMFS section, shutdown zones that equal or Additionally, Tongass Narrows is a and the Marine Mammal Stranding exceed Level A harassment isopleths small passageway and represents a very Network. shown in Table 11 will be implemented. small portion of the total available Take by Level A harassment is proposed habitat. There is no ESA-designated Negligible Impact Analyses and for authorization for some species critical habitat for humpback whales. Determinations (harbor seals, harbor porpoises, and More generally, there are no known NMFS has defined negligible impact Dall’s porpoises) to account for the calving or rookery grounds within the as an impact resulting from the slight possibility that these species project area, but anecdotal evidence specified activity that cannot be escape observation by the PSOs within from local experts shows that marine reasonably expected to, and is not the Level A harassment zone. Further, mammals are more prevalent in Tongass reasonably likely to, adversely affect the any take by Level A harassment is Narrows during spring and summer species or stock through effects on expected to arise from, at most, a small associated with feeding on aggregations annual rates of recruitment or survival degree of PTS because animals would of fish, meaning the area may play a role (50 CFR 216.103). A negligible impact need to be exposed to higher levels and/ in foraging. Because ADOT&PF’s finding is based on the lack of likely or longer duration than are expected to activities, especially in Phase 1, could adverse effects on annual rates of occur here in order to incur any more occur at any time of year, takes may recruitment or survival (i.e., population- than a small degree of PTS. occur at any time of the year, including level effects). An estimate of the number Additionally, as noted previously, some these times of feeding. However, the of takes alone is not enough information subset of the individuals that are project area represents a small portion on which to base an impact behaviorally harassed could also of available foraging habitat and the determination. In addition to simultaneously incur some small degree actual duration of noise-producing considering estimates of the number of of TTS for a short duration of time. activities each day is short, meaning marine mammals that might be ‘‘taken’’ Because of the small degree anticipated, impacts on marine mammal feeding for through harassment, NMFS considers though, any PTS or TTS potentially all species, including humpback whale, other factors, such as the likely nature incurred here would not be expected to should be minimal. of any responses (e.g., intensity, adversely impact individual fitness. Any impacts on marine mammal prey duration), the context of any responses Behavioral responses of marine that would occur during ADOT&PF’s (e.g., critical reproductive time or mammals to pile driving, pile removal, proposed activity would have at most location, migration), as well as effects and drilling at the proposed sites in short-terms effects on foraging of on habitat, and the likely effectiveness Tongass Narrows are expected to be individual marine mammals, and likely of the mitigation. We also assess the mild, short term, and temporary. Marine no effect on the populations of marine number, intensity, and context of mammals within the Level B mammals as a whole. Therefore, estimated takes by evaluating this harassment zone may not show any indirect effects on marine mammal prey information relative to population visual cues they are disturbed by during the construction are not expected status. Consistent with the 1989 activities (as noted during modification to be substantial, and these insubstantial preamble for NMFS’s implementing to the Kodiak Ferry Dock (ABR 2016) effects would therefore be unlikely to regulations (54 FR 40338; September 29, See ‘‘Acoustic Impacts’’ above) or they cause substantial effects on marine 1989), the impacts from other past and could become alert, avoid the area, leave mammals at the individual or ongoing anthropogenic activities are the area, or display other mild responses population level. incorporated into this analysis via their that are not observable such as changes In summary and as described above, impacts on the environmental baseline in vocalization patterns. Given the short the following factors primarily support (e.g., as reflected in the regulatory status duration of noise-generating activities our preliminary determination that the of the species, population size and per day and that pile driving, removal, impacts resulting from this activity, for growth rate where known, ongoing and drilling would occur for only a both Phase 1 and Phase 2, are not sources of human-caused mortality, or portion of the project’s two years on expected to adversely affect the species ambient noise levels). nonconsecutive days (144 days in Phase or stocks through effects on annual rates To avoid repetition, our analysis 1, or 27 days in Phase 2), any of recruitment or survival: applies to all species listed in Tables 12 harassment during both phases would • No serious injury or mortality is and 13, given that NMFS expects the be temporary. Additionally, many of the anticipated or authorized. anticipated effects of the proposed pile species present in Tongass Narrows • ADOT&PF would implement driving/removal and drilling to be would only be present temporarily mitigation measures including soft- similar in nature. Where there are based on seasonal patterns or during starts for impact pile driving and meaningful differences between species transit between other habitats. These shutdown zones that exceed Level A or stocks, or groups of species, in temporarily present species would be harassment zones for most authorized anticipated individual responses to exposed to even smaller periods of species, which will help to ensure that activities, impact of expected take on noise-generating activity, further take by Level A harassment is at most the population due to differences in decreasing the impacts. a small degree of PTS. population status, or impacts on habitat, In addition, for all species except • The only known BIA is across a NMFS has identified species-specific humpbacks, there are no known broad area of southeast Alaska for factors to inform the analysis. Biologically Important Areas (BIAs) near humpback whales, and the project area Additionally, the proposed activity for the project zone that would be impacted is a very small portion of that BIA. No

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other known areas of particular killer whale stocks, expected to have expected percentage of the population biological importance to any of the less than 5 percent or less of their stock that would be affected. The most affected stocks are impacted by the experience take. relevant estimate of partial stock activity. There are two stocks, Northern abundance is 1,233 minke whales for a • The project area represents a very Resident killer whales and West Coast portion of the Gulf of Alaska (Zerbini et small portion of the available foraging Transient killer whales, for which the al., 2006). Given the proposed 9 area for all marine mammal species and estimated instances of take, in both authorized takes by Level B harassment anticipated habitat impacts are minor. Phase 1 and Phase 2 of the ADOT&PF’s for the stock in Phase 1, comparison to Phase 1—Based on the analysis planned project, appear high when the best estimate of stock abundance contained herein of the likely effects of compared to the stock abundance (Table shows less than 1 percent of the stock the specified activity on marine 12 and 13). However, when other is expected to be impacted. A similar mammals and their habitat, and taking qualitative factors are used to inform an analysis of the Phase 2, with 6 takes of into consideration the implementation assessment of the likely number of minke whale by Level B harassment of the proposed monitoring and individual marine mammals taken, the proposed for authorization, comparison mitigation measures, NMFS resulting numbers are appropriately to the best estimate of stock abundance preliminarily finds that the total marine considered small. Initial analysis of the show less then 1 percent of the stock is mammal take from ADOT&PF’s West Coast Transient stock shows that expected to be impacted. Additionally, proposed Phase 1 activities will have a in Phase 1, when instances of take (not the range of the Alaska stock of minke negligible impact on all affected marine individuals taken) are compared to the whales is extensive, stretching from the mammal species or stocks. stock abundance, 74.1 percent of the Canadian Pacific coast to the Chukchi Phase 2—Based on the analysis stock is expected to experience take, Sea, and ADOT&PF’s project area contained herein of the likely effects of and in Phase 2, approximately 39.5 impacts a small portion of this range. the specified activity on marine percent of the stock is expected to Therefore, the numbers of minke whales mammals and their habitat, and taking experience take. For the Northern authorized to be taken would be into consideration the implementation Resident stock, the initial analysis considered small relative to estimated of the proposed monitoring and shows that when instances of take (not survey abundance even if each mitigation measures, NMFS individuals taken) are compared to the estimated taking occurred to a new preliminarily finds that the total marine stock abundance, approximately 69 individual. mammal take from ADOT&PF’s percent of the stock is expected to Phase 1—Based on the analysis proposed Phase 2 activities will have a experience take in Phase 1, and 36.8 of contained herein of the proposed negligible impact on all affected marine the stock is expected to experience take activity (including the proposed mammal species or stocks. in Phase 2. While these numbers appear mitigation and monitoring measures) Small Numbers high, the extensive ranges of both stocks and the anticipated take of marine compared to ADOT&PF’s project area mammals for Phase 1 of ADOT&PF’s As noted above, only small numbers mean that realistically there will be activity, NMFS preliminarily finds that of incidental take may be authorized multiple takes of a smaller number of small numbers of marine mammals will under Sections 101(a)(5)(A) and (D) of individuals from these stocks, resulting be taken relative to the population size the MMPA for specified activities other in no more than a third of the of the affected species or stocks in Phase than military readiness activities. The individuals of any of these stocks being 1 of the project. MMPA does not define small numbers taken. The Northern Resident stock’s Phase 2—Based on the analysis and so, in practice, where estimated range stretches from Washington State contained herein of the proposed numbers are available, NMFS compares into southeast Alaska and the stock is activity (including the proposed the number of individuals that may be frequently observed along British mitigation and monitoring measures) taken to the most appropriate estimation Columbia, Canada (Muto et al., 2018). and the anticipated take of marine of abundance of the relevant species or The West Coast transient stock occurs in mammals for Phase 2 of ADOT&PF’s stock in our determination of whether California, Oregon, Washington, British activity, NMFS preliminarily finds that an authorization is limited to small Columbia, and southeastern Alaska. In small numbers of marine mammals will numbers of marine mammals. both cases, ADOT&PF is only impacting be taken relative to the population size Additionally, other qualitative factors a small portion of the total range, and of the affected species or stocks in Phase may be considered in the analysis, such this impact is intermittent. Further, the 2 of the project. as the temporal or spatial scale of the above percentages are based on Unmitigable Adverse Impact Analysis activities. analyzing the entire estimated take of and Determination Table 12 and 13, in the Marine killer whales as if it would occur to each Mammal Occurrence and Take stock. In order to issue an IHA, NMFS must Calculation and Estimation section, Realistically, the take will be spread find that the specified activity will not present the number of animals that in some way among the stocks expected have an ‘‘unmitigable adverse impact’’ could be exposed to received noise to be in the area (i.e., 100 percent of the on the subsistence uses of the affected levels that may result in take by Level take cannot occur to each of the three marine mammal species or stocks by A harassment or Level B harassment for stocks), further reducing the percentage Alaskan Natives. NMFS has defined both Phase 1 and Phase 2 of ADOT&PF’s of takes anticipated to come from any ‘‘unmitigable adverse impact’’ in 50 CFR proposed activities. Our analysis of single stock. As a result, it is likely that 216.103 as an impact resulting from the ADOT&PF’s planned Phase 1 activity fewer than one third of both the specified activity: (1) That is likely to shows that for all but the two stocks of Northern Resident and West Coast reduce the availability of the species to killer whale mentioned above, Transient killer whale stocks would be a level insufficient for a harvest to meet approximately 8 percent or less of the taken in each phase of the project. subsistence needs by: (i) Causing the best population estimates of each For both Phase 1 and Phase 2, there marine mammals to abandon or avoid affected stock could be taken. Similar was one stock, minke whale, where the hunting areas; (ii) Directly displacing analysis of Phase 2 showed similar lack of an accepted stock abundance subsistence users; or (iii) Placing results, with all but the two mentioned value prevented us from calculating an physical barriers between the marine

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mammals and the subsistence hunters; likely to jeopardize the continued nearly identical activities as described and (2) That cannot be sufficiently existence of any endangered or in the Specified Activities section of mitigated by other measures to increase threatened species or result in the this notice is planned or (2) the the availability of marine mammals to destruction or adverse modification of activities as described in the Specified allow subsistence needs to be met. designated critical habitat. To ensure Activities section of this notice would Harbor seals are the marine mammal ESA compliance for the issuance of not be completed by the time the IHA species most regularly harvested for IHAs, NMFS Office of Protected expires and a second IHA would allow subsistence by households in Ketchikan Resources consults internally, in this for completion of the activities beyond and Saxman (A community a few miles case with NMFS Alaska Regional Office, that described in the Dates and Duration south of Ketchikan, on the Tongass whenever we propose to authorize take section of this notice, provided all of the Narrows). Eighty harbor seals were for endangered or threatened species. following conditions are met: harvested by Ketchikan residents in NMFS is proposing to authorize take • A request for renewal is received no 2007, which ranked fourth among all of the Central North Pacific stock of later than 60 days prior to expiration of communities in Alaska that year for humpback whales, of which a portion the current IHA. harvest of harbor seals. Thirteen harbor belong to the Mexico DPS humpback • The request for renewal must seals were harvested by Saxman whales, which are listed under the ESA. include the following: residents in 2007. In 2008, two Steller During the USACE permitting process (1) An explanation that the activities sea lions were harvested by Ketchikan- for the Tongass Narrows Project, the to be conducted under the requested based subsistence hunters, but this is effects of this proposed Federal action Renewal are identical to the activities the only record of sea lion harvest by were analyzed in NMFS’ 2019 analyzed under the initial IHA, are a residents of either Ketchikan or Saxman. Endangered Species Act (ESA) Section subset of the activities, or include In 2012, the community of Ketchikan 7(a)(2) Biological Opinion for changes so minor (e.g., reduction in pile had an estimated subsistence take of 22 Construction of the Tongass Narrows size) that the changes do not affect the harbor seals and 0 Steller sea lion (Wolf Project (Gravina Access), however, this previous analyses, mitigation and et al., 2013). This is the most recent data biological opinion did not analyze the monitoring requirements, or take available. Hunting usually occurs in issuance of IHAs. Therefore, the NMFS estimates (with the exception of October and November (ADF&G 2009), Permit and Conservation Division has reducing the type or amount of take but there are also records of relatively requested initiation of Section 7 because only a subset of the initially high harvest in May (Wolfe et al., 2013). consultation with the NMFS Alaska analyzed activities remain to be The ADF&G has not recorded harvest of Regional Office for the issuance of these completed under the Renewal). cetaceans from either community IHAs. NMFS will conclude the ESA (2) A preliminary monitoring report (ADF&G 2018). All project activities will consultation prior to reaching a showing the results of the required take place within the industrial area of determination regarding the proposed monitoring to date and an explanation Tongass Narrows immediately adjacent issuance of the authorizations. showing that the monitoring results do to Ketchikan where subsistence not indicate impacts of a scale or nature Proposed Authorizations activities do not generally occur. The not previously analyzed or authorized. project will not have an adverse impact As a result of these preliminary • Upon review of the request for on the availability of marine mammals determinations, NMFS proposes to issue renewal, the status of the affected for subsistence use at locations farther two distinct and consecutive IHAs to species or stocks, and any other away, where these construction ADOT&PF for conducting ferry berth pertinent information, NMFS activities are expected to take place. improvements and construction in determines that there are no more than Some minor, short-term harassment of Tongass Narrows, Alaska in 2020 minor changes in the activities, the the harbor seals could occur, but this is through 2021 (Phase 1) and 2021 mitigation and monitoring measures not likely to have any measureable through 2022 (Phase 2), provided the will remain the same and appropriate, effect on subsistence harvest activities previously mentioned mitigation, and the findings in the initial IHA in the region. monitoring, and reporting requirements remain valid. Phase 1—Based on the description are incorporated. Drafts of the proposed Dated: July 11, 2019. and location of the specified activity, IHAs can be found at https:// and the proposed mitigation and www.fisheries.noaa.gov/permit/ Donna S. Wieting, monitoring measures, NMFS has incidental-take-authorizations-under- Director, Office of Protected Resources, preliminarily determined that there will marine-mammal-protection-act. National Marine Fisheries Service. not be an unmitigable adverse impact on [FR Doc. 2019–15115 Filed 7–16–19; 8:45 am] Request for Public Comments subsistence uses from Phase 1 of BILLING CODE 3510–22–P ADOT&PF’s proposed activities. We request comment on our analyses, Phase 2—Based on the description the proposed authorization, and any and location of the specified activity, other aspect of this Notice of Proposed DEPARTMENT OF COMMERCE and the proposed mitigation and IHA for the proposed in-water construction project. We also request at National Oceanic and Atmospheric monitoring measures, NMFS has Administration preliminarily determined that there will this time comment on the potential not be an unmitigable adverse impact on renewal of this proposed IHA as Submission for OMB Review; subsistence uses from Phase 2 of described in the paragraph below. Comment Request ADOT&PF’s proposed activities. Please include with your comments any supporting data or literature citations to The Department of Commerce will Endangered Species Act (ESA) help inform decisions on the request for submit to the Office of Management and Section 7(a)(2) of the Endangered this IHA or a subsequent Renewal. Budget (OMB) for clearance the Species Act of 1973 (ESA: 16 U.S.C. On a case-by-case basis, NMFS may following proposal for collection of 1531 et seq.) requires that each Federal issue a one-year IHA renewal with an information under the provisions of the agency insure that any action it additional 15 days for public comments Paperwork Reduction Act (44 U.S.C. authorizes, funds, or carries out is not when (1) another year of identical or Chapter 35).

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Agency: National Oceanic and notice to OIRA_Submission@ quantities of fish, shellfish, marine Atmospheric Administration (NOAA). omb.eop.gov or fax to (202) 395–5806. turtles, and marine mammals that are Title: Evaluations of Coastal Zone caught and discarded or have interacted Sheleen Dumas, Management Act Programs: State with the vessel’s fishing gear. A subset Coastal Management Programs and Departmental Lead PRA Officer, Office of the of these vessels also provides Chief Information Officer, Commerce National Estuarine Research Reserves. Department. information about dockside prices, trip OMB Control Number: 0648–0661. operating costs, and annual fixed costs. [FR Doc. 2019–15165 Filed 7–16–19; 8:45 am] Form Number(s): None. The data are used for scientific Type of Request: Regular (revision BILLING CODE 3510–08–P analyses that support critical and extension of a current information conservation and management decisions collection). DEPARTMENT OF COMMERCE made by national and international Number of Respondents: 209. fishery management organizations. Average Hours per Response: Program National Oceanic and Atmospheric Interaction reports are needed for manager information collection, 71 Administration fishery management planning and to hours; stakeholder and partner survey, help protect endangered species and 15 minutes. Proposed Information Collection; marine mammals. Price and cost data Burden Hours: 831. Comment Request; Southeast Region will be used in analyses of the economic Needs and Uses: The Coastal Zone Logbook Family of Forms effects of proposed regulations. Management Act of 1972, as amended AGENCY: National Oceanic and II. Method of Collection (CZMA; 16 U.S.C. 1451 et seq.) requires Atmospheric Administration (NOAA), that state coastal management programs The information is submitted on Commerce. and national estuarine research reserves paper forms and electronic developed pursuant to the CZMA and ACTION: Notice. transmissions. Logbooks are completed daily and submitted on either a by-trip, approved by the Secretary of Commerce SUMMARY: The Department of be evaluated periodically. This request weekly, or monthly basis, depending on Commerce, as part of its continuing the fishery. Fixed costs are submitted on is for collection of information to effort to reduce paperwork and accomplish those evaluations. an annual basis. Other information is respondent burden, invites the general submitted on a trip basis. NOAA’s Office for Coastal public and other Federal agencies to Management (OCM) conducts periodic take this opportunity to comment on III. Data evaluations of the 34 coastal proposed and/or continuing information OMB Control Number: 0648–0016. management programs and 29 research collections, as required by the Form Number(s): None. reserves and produces written findings Paperwork Reduction Act of 1995. Type of Review: Regular submission for each evaluation. OCM has access to DATES: Written comments must be (extension of a current information documents submitted in cooperative submitted on or before September 16, collection). agreement applications, performance 2019. Affected Public: Business or other for- reports, and certain documentation profit organizations; individuals or ADDRESSES: Direct all written comments required by the CZMA and households. implementing regulations. However, to Adrienne Thomas, Government Estimated Number of Respondents: additional information from each Information Specialist, NOAA, 151 5,603. coastal management program and Patton Avenue, Room 159, Asheville, Estimated Time per Response: Annual research reserve, as well as information NC 28801 (or via the internet at fixed-cost reports, 45 minutes; from the program and reserve partners [email protected]). All comments Colombian fishery logbooks, 18 and stakeholders with whom each received are part of the public record. minutes; discard logbooks, 15 minutes; works, is necessary to evaluate against All Personally Identifiable Information headboat, charter vessels, golden crab, statutory and regulatory requirements. (for example, name and address) reef fish-mackerel, economic cost per Different information collection subsets voluntarily submitted by the commenter trip, wreckfish, and shrimp logbooks, 10 are necessary for (1) coastal may be publicly accessible. Do not minutes; no-fishing responses for golden management programs (2) their partners submit Confidential Business crab, reef fish-mackerel, charter vessels, and stakeholders, (3) research reserves, Information or otherwise sensitive or wreckfish and Colombian fisheries, 2 and (4) their partners and stakeholders. protected information. minutes. Affected Public: Business or other for- FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden profit organizations; not-for-profit Requests for additional information or Hours: 42,264. institutions; state, local, or tribal copies of the information collection Estimated Total Annual Cost to government; federal government. instrument and instructions should be Public: $0. Frequency: Every 5 or 6 years. directed to Dr. David Gloeckner, (305) Respondent’s Obligation: Program 361–4257 or [email protected]. IV. Request for Comments managers, Required to obtain or retain SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether benefits; Program partners and the proposed collection of information stakeholders, Voluntary. I. Abstract is necessary for the proper performance This information collection request This request is for extension of a of the functions of the agency, including may be viewed at reginfo.gov. Follow current information collection. whether the information shall have the instructions to view Department of Participants in most federally- practical utility; (b) the accuracy of the Commerce collections currently under managed fisheries in the NMFS agency’s estimate of the burden review by OMB. Southeast Region are currently required (including hours and cost) of the Written comments and to keep and submit catch and effort proposed collection of information; (c) recommendations for the proposed logbooks from their fishing trips. A ways to enhance the quality, utility, and information collection should be sent subset of these vessels also provides clarity of the information to be within 30 days of publication of this information on the species and collected; and (d) ways to minimize the

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burden of the collection of information Expenditures and Budget Carryover to Full Council will convene late on respondents, including through the 2020; and, discuss guidance from morning with Call to Order, use of automated collection techniques National Marine Fisheries Services Announcements, and Introductions. The or other forms of information (NMFS) on the Multi-Year 2020–24 Council will hold an Induction for technology. Council Budget Requests and Gulf newly appointed Council Members; Comments submitted in response to Council Projection. Sustainable Adoption of Agenda, and Approval of this notice will be summarized and/or Fisheries Committee will review draft Minutes. The Council will review included in the request for OMB Framework Action to Modify Federal Exempted Fishing Permit (EFP) approval of this information collection; For-Hire Trip Limits; draft Amendment Applications and application public they also will become a matter of public Reef Fish 48/Red Drum 5: Status comments (if any); and, receive a record. Determination Criteria and Optimum presentation on Louisiana Law Yield for Reef Fish and Red Drum and Enforcement Efforts and Illegal, Sheleen Dumas, SSC recommendations; discuss Council Unreported and Unregulated (IUU) Departmental Lead PRA Officer, Office of the Research and Monitoring Priorities for Fishing Report to Congress. Chief Information Officer, Commerce 2020–24; review NMFS Southeast After lunch, the Council will hold Department. Regional Strategic Plan; receive a public comment testimony beginning at [FR Doc. 2019–15180 Filed 7–16–19; 8:45 am] presentation on Endangered Species Act 2 p.m. until 5:30 p.m. for the following: BILLING CODE 3510–22–P listing of Bryde’s Whale; and, hold a Final Action: Draft Framework Action to discussion on allocation issues. Modify the Recreational For-Hire Red The Reef Fish Committee will Snapper Annual Catch Target Buffer; DEPARTMENT OF COMMERCE convene late afternoon to review the and Final Action: Amendment 51 to Reef Fish and Coastal Migratory Pelagics National Oceanic and Atmospheric Establish Gray Snapper Status Landings; a Hot Sheet on African Administration Determination Criteria, Reference Pompano; and, receive a SSC Summary Points, and Modify Annual Catch Limits RIN 0649–XH098 Report. (ACL); and, open testimony on any other fishery issues or concerns. Anyone Gulf of Mexico Fishery Management Tuesday, August 13, 2019; 8:30 a.m.– 5:30 p.m. wishing to speak during public Council; Public Meeting comment testimony should sign in at The Reef Fish Committee will AGENCY: National Marine Fisheries the registration station located at the reconvene to review Draft Amendment entrance of the meeting room. Service (NMFS), National Oceanic and 36B: Modifications to Commercial Atmospheric Administration (NOAA), Individual Fishing Quota (IFQ) Thursday, August 15, 2019; 8:30 a.m.– Commerce. Programs—Quota Bank Presentation; 3:10 p.m. ACTION: Notice of a public meeting. discussion on taking final action on The Council will receive reports from Framework Action to Modify the SUMMARY: The Gulf of Mexico Fishery the following management committees: Recreational For-Hire Red Snapper Management Council (Council) will Habitat Protection and Restoration, Annual Catch Target Buffer and hold a four-day meeting to consider Administrative/Budget, Sustainable Amendment 51: Establish Gray Snapper actions affecting the Gulf of Mexico Fisheries, Data Collection and Reef Fish. Status Determination Criteria, Reference fisheries in the exclusive economic zone The Council will vote on Exempted Points, and Modify Annual Catch (EEZ). Fishing Permit (EFP) applications, if Limits. The committee will also review any; and receive updates from the DATES: The meeting will convene on a draft Framework Action to Modify following supporting agencies: South Monday, August 12 through Thursday, Greater Amberjack Recreational Atlantic Fishery Management Council; August 15, 2019. See SUPPLEMENTARY Management Measures; receive a NOAA Office of Law Enforcement INFORMATION for specific dates and presentation on Decision Points for (OLE), Gulf States Marine Fisheries times. Implementing Full-retention Bottom Commission; U.S. Coast Guard; U.S. ADDRESSES: The meeting will take place Longline Reef Fish Fishery: Viability, Fish and Wildlife Service; Department at Hyatt Centric New Orleans, located at Monitoring, and Costs; and review Reef of State; and, discuss any Other 800 Iberville Street, New Orleans, LA Fish Amendment 52: Evaluate Red Business items. 70112; telephone: (504) 586–0800. Snapper Allocations. The Council will hold an election for Council address: Gulf of Mexico Wednesday, August 14, 2019; 8:30 a.m.– Chair and Vice-Chair seats for 2019/20. Fishery Management Council, 4107 W 5:30 p.m. Spruce Street, Suite 200, Tampa, FL —Meeting Adjourns 33607; telephone: (813) 348–1630. The Habitat Protection and The meeting will be broadcast via Restoration Committee will review the FOR FURTHER INFORMATION CONTACT: Dr. webinar. You may register for the Carrie Simmons, Executive Director, Permitting Process for Siting of webinar by visiting www.gulfcouncil.org Gulf of Mexico Fishery Management Artificial Reefs and Aquaculture and clicking on the Council meeting on Council; telephone: (813) 348–1630. Operations in Federal Waters; and the the calendar. Essential Fish Habitat (EFH) Outline. The timing and order in which agenda SUPPLEMENTARY INFORMATION: The Data Collection Committee will items are addressed may change as Agenda receive a presentation on 101 Permitting required to effectively address the issue, Process and Updates to the Programs; and the latest version along with other Monday, August 12, 2019; 8:30 a.m.–5 hold a discussion on the Commercial meeting materials will be posted on the p.m. Fishing Unique Trip Identifiers website as they become available. The committee sessions will begin Commercial Individual Fishing Quota Although other non-emergency issues with the Administrative/Budget (IFQ) Program; receive a presentation on not contained in this agenda may come Committee reviewing the 2017–18 Audit Net Gains Alliance and update on before this group for discussion, in Report; review and approve the final Southeast For-Hire Reporting accordance with the Magnuson-Stevens 2019 Funded Budget; review of 2015–19 (SEFHIER). Fishery Conservation and Management

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Act (Magnuson-Stevens Act), those submit Confidential Business mechanisms. The interviews will collect issues may not be the subject of formal Information or otherwise sensitive or relevant information from interviewees action during this meeting. Actions will protected information. on their experiences with coastal be restricted to those issues specifically FOR FURTHER INFORMATION CONTACT: resilience funding and financing listed in this notice and any issues Requests for additional information or mechanisms, challenges and arising after publication of this notice copies of the information collection opportunities related to funding and that require emergency action under instrument and instructions should be financing coastal resilience, and Section 305(c) of the Magnuson-Stevens directed to Kim Penn, NOAA Office for technical support needs and Act, provided that the public has been Coastal Management, 1325 East-West opportunities that OCM can address. notified of the Council’s intent to take Hwy., Silver Spring, MD 20910, (240) The information provided by final action to address the emergency. 533–0727, and [email protected]. interviewees will be synthesized into SUPPLEMENTARY INFORMATION: the needs assessment, which will Special Accommodations address needs and information gaps These meetings are physically I. Abstract partitioned by region, financial scale, accessible to people with disabilities. This request is for a new information time scale, and scope/sector. The Requests for sign language collection. information provided by interviewees interpretation or other auxiliary aid NOAA’s Office for Coastal will also be used to inform an inventory should be directed to Kathy Pereira, Management (OCM) and its regional, of existing entities providing resources (813) 348–1630, at least 5 days prior to state, federal, and non-profit partners for resilience funding, as well as a the meeting date. have worked closely with coastal summary of existing and emerging Authority: 16 U.S.C. 1801 et seq. managers across the country to develop funding sources and financial tools and hazard mitigation and resilience plans. mechanisms for coastal resilience. Dated: July 12, 2019. Finally, the interviews will inform Tracey L. Thompson, These have ranged from short-term responses to immediate threats to long- recommendations on OCM’s potential Acting Deputy Director, Office of Sustainable niche in addressing the identified needs Fisheries, National Marine Fisheries Service. term adaptation strategies in response to gradual changes. While there are studies and gaps. [FR Doc. 2019–15175 Filed 7–16–19; 8:45 am] on the costs and benefits of hazard II. Method of Collection BILLING CODE 3510–22–P mitigation and adaptation options and various tools to help inform government Information will be collected during structured telephone interviews. DEPARTMENT OF COMMERCE investments, there is no comprehensive inventory or guide to selecting from III. Data National Oceanic and Atmospheric applicable funding sources or OMB Control Number: 0648–XXXX. Administration identifying appropriate financing Form Number(s): None. strategies. The range of funding and Type of Review: Regular submission. Proposed Information Collection; financing options, from grants and low- Affected Public: Business or other for- Comment Request; A Coastal interest loans to more innovative profit organizations; Not-for-profit Management Needs Assessment and private-public partnerships and institutions; State, Local, or Tribal Market Analysis for Financing emerging bonds, presents an ever- government; Federal government. Resilience changing and complex array of choices. Estimated Number of Respondents: This diversity of funding and financing AGENCY: National Oceanic and 36. mechanisms, however, provides an Estimated Time per Response: 1.25 Atmospheric Administration (NOAA), opportunity for decision-makers to Commerce. hours. leverage resources to support and Estimated Total Annual Burden ACTION: Notice. advance community resilience. Hours: 45. In many coastal communities, SUMMARY: The Department of Estimated Total Annual Cost to Commerce, as part of its continuing investment in resilience measures Public: $0. remains either non-existent or reactive effort to reduce paperwork and IV. Request for Comments respondent burden, invites the general in response to a catastrophic event. public and other Federal agencies to While there are no data on the number Comments are invited on: (a) Whether take this opportunity to comment on of adaptation plans that have been the proposed collection of information proposed and/or continuing information implemented, lack of funding is a is necessary for the proper performance collections, as required by the frequently cited barrier to of the functions of the agency, including Paperwork Reduction Act of 1995. implementation. Understanding funding whether the information shall have and financing options at the time practical utility; (b) the accuracy of the DATES: Written comments must be resilience planning is undertaken, and agency’s estimate of the burden submitted on or before September 16, then incorporating financial strategies (including hours and cost) of the 2019. into the recommendations, will help proposed collection of information; (c) ADDRESSES: Direct all written comments ensure that resources are invested ways to enhance the quality, utility, and to Adrienne Thomas, Government wisely, and implementation occurs. clarity of the information to be Information Specialist, NOAA, 151 This request is for a set of related collected; and (d) ways to minimize the Patton Avenue, Room 159, Asheville, interviews to support a broader needs burden of the collection of information NC 28801 (or via the internet at assessment to define the types of on respondents, including through the [email protected]). All comments funding, financing mechanisms, and use of automated collection techniques received are part of the public record. associated resources that OCM’s state or other forms of information All Personally Identifiable Information and local coastal manager customers technology. (for example, name and address) need for coastal resilience activities and Comments submitted in response to voluntarily submitted by the commenter a market analysis of existing funding this notice will be summarized and/or may be publicly accessible. Do not and financing programs and included in the request for OMB

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approval of this information collection; Individual members will be appointed (‘‘Anker’’), which seeks a waiver from they also will become a matter of public according to DoD policy and the U.S. Department of Energy (‘‘DOE’’) record. procedures, and members will serve a test procedure used for determining the two-year term of service with annual energy efficiency of a specified EPS Sheleen Dumas, renewal. All members of the TRLOC are basic model. Anker asserts that testing Departmental Lead PRA Officer, Office of the appointed to provide advice on the basis under the current DOE test procedure Chief Information Officer, Commerce Department. of their best judgment without does not reflect actual use of EPSs that representing any particular point of meet the USB Power Delivery [FR Doc. 2019–15216 Filed 7–16–19; 8:45 am] view and in a manner that is free from Specification and seeks to use an BILLING CODE 3510–JE–P conflict of interest. alternate test procedure. DOE is granting One member, according to DoD policy to Anker an interim waiver from the and procedures, will be appointed as DOE test procedure for the specified DEPARTMENT OF DEFENSE Chair of the TRLOC. No member, unless basic model, subject to use of the Office of the Secretary approved according to DoD policy and alternate test procedure as set forth in procedures, may serve more than two the Interim Waiver Order. DOE solicits Establishment of Department of consecutive terms of service on the comments, data, and information Defense Federal Advisory Committee TRLOC or serve on more than two DoD concerning Anker’s petition and its federal advisory committees at the same suggested alternate test procedure, as AGENCY: Office of the Secretary, time. Except for reimbursement of well as the alternate test procedure Department of Defense. official TRLOC-related travel and per specified in the interim waiver, to ACTION: Establishment of non- diem, members serve without inform its final decision on Anker’s discretionary Federal Advisory compensation. waiver request. Committee. The public or interested organizations DATES: Written comments and may submit written statements to the SUMMARY: The Department of Defense information are requested and will be (DoD) is publishing this notice to TRLOC membership about the TRLOC’s accepted on or before August 16, 2019. mission and functions. Written announce that it is establishing the ADDRESSES: Interested persons are Table Rock Lake Oversight Committee statements may be submitted at any encouraged to submit comments using (‘‘the TRLOC’’). time or in response to the stated agenda the Federal eRulemaking Portal at of planned meeting of the TRLOC. All FOR FURTHER INFORMATION CONTACT: Jim http://www.regulations.gov. written statements should be submitted Freeman, Advisory Committee Alternatively, interested persons may to the Designated Federal Officer Management Officer for the Department submit comments, identified by case (‘‘DFO’’) for the TRLOC, and this of Defense, 703–692–5952. number ‘‘2019–005’’, and Docket individual will ensure that the written SUPPLEMENTARY INFORMATION: The number ‘‘EERE–2019–BT–WAV–0010,’’ statements are provided to the by any of the following methods: TRLOC’s charter is being established membership for their consideration. The pursuant to section 1185(c) of the Water • Federal eRulemaking Portal: http:// charter and contact information for the www.regulations.gov. Follow the Infrastructure Improvements for the TRLOC’s DFO can be found at https:// Nation Act (‘‘the 2016 WIIN Act’’) (Pub. instructions for submitting comments. www.facadatabase.gov/FACA/apex/ • Email: Anker2019WAV0010@ L. 114–322), and in accordance with the FACAPublicAgencyNavigation. Federal Advisory Committee Act ee.doe.gov. Include Case No. 2019–005 (FACA) of 1972 (5 U.S.C., Appendix) Dated: July 11, 2019. in the subject line of the message. and 41 CFR 102–3.50(a). Aaron T. Siegel, • Postal Mail: Appliance and The TRLOC provides independent Alternate OSD Federal Register Liaison Equipment Standards Program, U.S. advice and recommendations to the Officer, Department of Defense. Department of Energy, Office of Energy Secretary of Defense, through the [FR Doc. 2019–15129 Filed 7–16–19; 8:45 am] Efficiency and Renewable Energy, Secretary of the Army, regarding all BILLING CODE 5001–06–P Building Technologies Office, Mailstop permits to be issued under the existing EE–5B, Petition for Waiver Case No. Table Rock Lake Master Plan at the 2019–005, 1000 Independence Avenue recommendation of the District DEPARTMENT OF ENERGY SW, Washington, DC 20585–0121. If Engineer, Little Rock District, U.S. Army possible, please submit all items on a Corps of Engineers, and advise the [Case Number 2019–005; EERE–2019–BT– compact disc (‘‘CD’’), in which case it is District Engineer on revisions to the WAV–0010] not necessary to include printed copies. • Hand Delivery/Courier: Appliance Table Rock Lake Master Plan and Table Energy Conservation Program: and Equipment Standards Program, U.S. Rock Shoreline Management Plan, in Petition for Waiver of Anker Department of Energy, Building accordance with section 1185(c)(2) of Innovations Limited From the Technologies Office, 950 L’Enfant Plaza the 2016 WIIN Act. Department of Energy External Power Members of the TRLOC who are not SW, 6th Floor, Washington, DC, 20024. Supply Test Procedure and Grant of full-time or permanent part-time Federal If possible, please submit all items on a Interim Waiver officers, employees, or members of the ‘‘CD’’, in which case it is not necessary Armed Forces will be appointed as AGENCY: Office of Energy Efficiency and to include printed copies. experts or consultants, pursuant to 5 Renewable Energy, Department of No telefacsimilies (faxes) will be U.S.C. 3109, to serve as special Energy. accepted. For detailed instructions on government employee members. ACTION: Notice of petition for waiver and submitting comments and additional Members who are full-time or grant of an interim waiver, and request information on this process, see section permanent part-time Federal officers, for comments. V of this document. employees, or members of the Armed Docket: The docket, which includes Forces shall be appointed pursuant to SUMMARY: This document announces Federal Register notices, comments, 41 CFR 102–3.130(a) to serve as regular receipt of and publishes a petition for and other supporting documents/ government employees. waiver from Anker Innovations Limited materials, is available for review at

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http://www.regulations.gov. All labeling provisions (42 U.S.C. 6294), regulations so as to eliminate any need documents in the docket are listed in and the authority to require information for the continuation of such waiver. 10 the http://www.regulations.gov index. and reports from manufacturers (42 CFR 430.27(l). As soon thereafter as However, some documents listed in the U.S.C. 6296). practicable, DOE will publish in the index, such as those containing The Federal testing requirements Federal Register a final rule. Id. information that is exempt from public consist of test procedures that The waiver process also provides that disclosure, may not be publicly manufacturers of covered products must DOE may grant an interim waiver if it available. use as the basis for: (1) Certifying to appears likely that the underlying The docket web page can be found at DOE that their products comply with petition for waiver will be granted and/ http://www.regulations.gov/docket? the applicable energy conservation or if DOE determines that it would be D=EERE-2019-BT-WAV-0010. The standards adopted pursuant to EPCA (42 desirable for public policy reasons to docket web page contains simple U.S.C. 6295(s)), and (2) making grant immediate relief pending a instruction on how to access all representations about the efficiency of determination on the underlying documents, including public comments, that product (42 U.S.C. 6293(c)). petition for waiver. 10 CFR 430.27(e)(2). in the docket. See section V for Similarly, DOE must use these test Within one year of issuance of an information on how to submit procedures to determine whether the interim waiver, DOE will either: (i) comments through http:// product complies with relevant Publish in the Federal Register a www.regulations.gov. standards promulgated under EPCA. (42 determination on the petition for U.S.C. 6295(s)) waiver; or (ii) publish in the Federal FOR FURTHER INFORMATION CONTACT: Ms. Under 42 U.S.C. 6293, EPCA sets forth Lucy deButts, U.S. Department of Register a new or amended test the criteria and procedures DOE is procedure that addresses the issues Energy, Office of Energy Efficiency and required to follow when prescribing or Renewable Energy, Building presented in the waiver. 10 CFR amending test procedures for covered 430.27(h)(1). Technologies Office, Mailstop EE–5B, products. EPCA requires that any test When DOE amends the test procedure 1000 Independence Avenue SW, procedures prescribed or amended to address the issues presented in a Washington, DC 20585–0121. Email: under this section must be reasonably _ _ waiver, the waiver will automatically AS Waiver [email protected]. designed to produce test results which terminate on the date on which use of Mr. Michael Kido, U.S. Department of reflect the energy efficiency, energy use Energy, Office of the General Counsel, or estimated annual operating cost of a that test procedure is required to Mail Stop GC–33, Forrestal Building, covered product during a representative demonstrate compliance. 10 CFR 1000 Independence Avenue SW, average use cycle or period of use and 430.27(h)(2). Washington, DC 20585–0103. requires that test procedures not be II. Anker’s Petition for Waiver and Telephone: 202–586–8145. Email: unduly burdensome to conduct. (42 Petition for Interim Waiver [email protected]. U.S.C. 6293(b)(3)) The test procedure for SUPPLEMENTARY INFORMATION: EPSs is contained in the Code of Federal On April 12, 2019, Anker filed a petition for waiver and a petition for I. Background and Authority Regulations (‘‘CFR’’) at 10 CFR part 430, subpart B, appendix Z, Uniform Test interim waiver from the test procedure The Energy Policy and Conservation Method for Measuring the Energy applicable to EPSs set forth at Appendix 3 Act of 1975, as amended (‘‘EPCA’’),1 Consumption of External Power Z. Anker stated that the specified basic authorizes the U.S. Department of Supplies (‘‘Appendix Z’’). model includes adaptive ports that Energy (‘‘DOE’’) to regulate the energy Under 10 CFR 430.27, any interested meets the provisions of the International efficiency of a number of consumer person may submit a petition for waiver Electrotechnical Commission’s products and industrial equipment. (42 from DOE’s test procedure ‘‘Universal serial bus interfaces for data U.S.C. 6291–6317) Title III, Part B 2 of requirements. DOE will grant a waiver and power—Part 1–2: Common EPCA established the Energy from the test procedure requirements if components—USB Power Delivery’’ Conservation Program for Consumer DOE determines either that the basic (‘‘IEC 62680–1–2:2017’’) specification. Products Other Than Automobiles, model for which the waiver was The IEC 62680–1–2:2017 specification which sets forth a variety of provisions requested contains a design describes the particular architecture, designed to improve energy efficiency characteristic that prevents testing of the protocols, power supply behavior, for certain types of consumer products. basic model according to the prescribed connectors, and cabling necessary for These products include EPSs, the focus test procedures, or that the prescribed managing power delivery over a of this document. (42 U.S.C. 6291(36); test procedures evaluate the basic model universal serial bus (‘‘USB’’) connection 42 U.S.C. 6295(u)) in a manner so unrepresentative of its at power levels of up to 100 watts EPCA’s energy conservation program true energy consumption characteristics (‘‘W’’). The purpose behind this consists essentially of four parts: (1) as to provide materially inaccurate specification is to help provide a Testing, (2) labeling, (3) Federal energy comparative data. 10 CFR 430.27(f)(2). A standardized approach for power supply conservation standards, and (4) petitioner must include in its petition and peripheral developers to ensure certification and enforcement any alternate test procedures known to backward compatibility while retaining procedures. Relevant provisions of the petitioner to evaluate the basic product design and marketing EPCA for covered products include model in a manner representative of its flexibility. See generally, IEC 62680–1– definitions (42 U.S.C. 6291), energy energy consumption characteristics. 10 2:2017 (Abstract) (describing the conservation standards (42 U.S.C. 6295), CFR 430.27(b)(1)(iii). standard’s general provisions and test procedures (42 U.S.C. 6293), DOE may grant the waiver subject to purpose). conditions, including adherence to 1 All references to EPCA in this document refer alternate test procedures. 10 CFR 3 The specific basic model for which the petition to the statute as amended through America’s Water 430.27(f)(2). As soon as practicable after applies is EPS basic model A2041. This basic model Infrastructure Act of 2018, Public Law 115–270 name was provided by Anker in its April 12, 2019 (October 23, 2018). the granting of any waiver, DOE will petition, which is available at: http:// 2 For editorial reasons, upon codification in the publish in the Federal Register a notice www.regulations.gov/docket?D=EERE-2019-BT- U.S. Code, Part B was redesignated as Part A. of proposed rulemaking to amend its WAV-0010.

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Anker states that the adaptive ports appears likely that Anker’s petition for procedure must include measurements on the basic model identified in its waiver will be granted. Furthermore, covering both of these use cases. petition meet the IEC 62680–1–2:2017 DOE has determined that it is desirable Anker’s suggested alternate test specification. Anker asserts that testing for public policy reasons to grant Anker procedure would fail to capture this the adaptive ports that meet the IEC immediate relief pending a product’s real-world energy use, which 62680–1–2:2017 specification at 15 determination of the petition for waiver. Anker admits would include the 5V watts at the lowest nameplate output III. Alternate Test Procedure operating condition, albeit not at a voltage (i.e., 5 volts, 3 amps) does not current of 3 amps as specified under IEC reflect actual use in the field, and that, As part of its waiver request, Anker 62680–12:2017. seeks to use an alternate test procedure at this voltage level, these ports do not In previously granted waivers, the to test and rate a specific EPS basic exceed 10 watts for almost all usage. alternative test procedures address model that features two USB–A non- Accordingly, the petitioner argues that issues of representativeness by testing adaptive ports, and two USB–C adaptive the current DOE test procedure results ports that meet the IEC 62680–1–2:2017 in a measurement that is grossly ports. In its suggested alternate test procedure, Anker recommends testing specification at 10W (i.e., 5 volts, 2 unrepresentative of the actual energy amps) at the lowest nameplate output consumption characteristics of the EPS the EPS by loading both USB–A output ports at a combined power draw of 10 voltage for the 100% loading condition, in the real world. rather than at 15W (i.e., 5 volts, 3 amps) Under the current DOE test watts (‘‘W’’) (i.e., 5 volts, 1 amp per as specified under the IEC testing procedure, average active-mode USB–A port) for the 100% loading standard. The 75%, 50%, and 25% efficiency for an adaptive EPS is condition, and both USB–C output ports loading conditions are then scaled measured by testing the units twice— at a combined power draw of 90W (i.e., accordingly. All other testing once at the highest achievable output 20 volts, 2.25 amps per USB–C port) for requirements, including testing at the voltage (‘‘V’’) and once at the lowest the 100% loading condition. The 75%, highest nameplate output voltage, apply achievable output voltage. The test 50%, and 25% loading conditions procedure requires that active-mode would then be scaled accordingly (i.e., as prescribed in Appendix Z. This test efficiency be measured at four loading 0.75 amps, 0.5 amps, 0.25 amps for each method captures the efficiencies of such conditions relative to the nameplate USB–A port at 5 volts, respectively; and an EPS at both its highest and lowest output current of the EPS. See 10 CFR 1.688 amps, 1.125 amps, 0.563 amps for nameplate output voltages while 430.23(bb) and Appendix Z. The lowest each USB–C output port at 20 volts, alleviating the problem of providing a achievable output voltage supported by respectively). Based on DOE’s reading of representative measurement caused by the USB Power Delivery Specification is Anker’s suggested alternate test testing adaptive ports at 15W at the 5V and the specified nameplate current procedure, this approach would lowest nameplate output voltage. at this voltage output is 3 amps (‘‘A’’), effectively require a given EPS to be Testing an adaptive EPS in this manner resulting in a power output of 15W. tested only at the highest nameplate provides a more representative Anker contends that while the IEC output voltage. assessment of its real-world behavior 62680–1–2:2017 specification requires DOE has reviewed Anker’s suggested where the device’s output voltage the tested EPS to support this power alternate test procedure and initially depends on the functionality of the output, the 15W at 5V condition will be finds that the suggested test procedure connected consumer product. rarely used and only for brief periods of would also evaluate the basic model in Additionally, prescribing a single test time, and that adaptive EPSs operating a manner unrepresentative of its true method that applies to all EPSs meeting at 5V do not exceed 10W for almost all energy characteristics. While DOE the IEC 62680–1–2:2017 specification usage conditions. recognizes that testing a port that meets ensures the comparability of test results. Anker also requests an interim waiver the IEC 62680–1–2:2017 specification at Therefore, in place of the petitioner’s from the existing DOE test procedure. 5V, 3A is unrepresentative of actual suggested test method, DOE is requiring DOE will grant an interim waiver if it field use, the petitioner’s suggested Anker to test the specified adaptive EPS appears likely that the petition for method of testing an adaptive EPS only at both the highest and lowest output waiver will be granted, and/or if DOE at the highest nameplate output voltage voltage to better account for the determines that it would be desirable for would also be unrepresentative of the adaptive nature of the EPS. Consistent public policy reasons to grant tested device’s true energy with previous test procedure waivers for immediate relief pending a consumption. Adaptive USB–C ports are the specified basic model,5 the adaptive determination of the petition for waiver. able to operate at their stated higher ports that meet the IEC 62680–1–2:2017 See 10 CFR 430.27(e)(2). Based on the nameplate output voltages only when specification must be tested at an output assertions in the petition, absent an used in conjunction with consumer power of 10W at the lowest nameplate interim waiver, the DOE test procedure products that are able to request the output voltage, 5 volts, instead of 15W. would test the basic model of adaptive higher voltages from the EPS using The loading conditions at 75%, 50%, EPS listed in the petition in a manner established digital communication and 25% must be scaled accordingly so unrepresentative of its true energy protocols as outlined in the IEC 62680– (i.e., 7.5W, 5W, 2.5W, respectively). For consumption characteristics as to 1–2:2017 specification. The output of the highest nameplate output voltage, provide materially inaccurate these USB–C ports will revert to the the specified EPS basic model must be comparative data. DOE notes that it has lowest voltage (i.e., 5V) when used with tested according to the current EPS test granted waivers in response to petitions devices that are incapable of such procedure provisions for multiple- that presented the same issue as in digital communication. In order for a 4 measurement to be representative of Anker’s petition. Consequently, it 5 See Notice of Decision and Order Granting real-world usage, the applicable test Individual Waivers to Apple Inc., Microsoft 4 See Notice of Decision and Order Granting Corporation, Poin2 Lab and Hefei Bitland Individual Waivers to Apple Inc., Microsoft Decision and Order Granting Individual Waiver to Information Technology Co., From the Department Corporation, Poin2 Lab and Hefei Bitland Huawei Technologies, Co. Ltd. From the of Energy External Power Supplies Test Procedure. Information Technology Co., From the Department Department of Energy External Power Supplies Test 83 FR 11738 (March 16, 2018). See also, Notice of of Energy External Power Supplies Test Procedure. Procedure and Grant of Interim Waiver. 83 FR Decision and Order Granting Waiver to Huawei 83 FR 11738 (March 16, 2018). See also, Notice of 25448 (June 1, 2018). Technologies, Co. Ltd. 83 FR 25448 (June 1, 2018).

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voltage EPSs as prescribed in section (5) This interim waiver is issued to the petitioner is Eric Pan, Room 1318– 4(b) of Appendix Z. Anker on the condition that the 19, Hollywood Plaza, 610 Nathan Road, statements and representations provided Mongkok, Kowloon, Hongkong. IV. Summary of Grant of an Interim by Anker are valid. DOE may rescind or Submitting comments via http:// Waiver modify this waiver at any time if it www.regulations.gov. The http:// DOE has reviewed Anker’s petition determines the factual basis underlying www.regulations.gov web page will for an interim waiver, and the alternate the petition for waiver is incorrect, or require you to provide your name and test procedure requested by Anker. the results from the alternate test contact information. Your contact Upon this review and for the reasons procedure are unrepresentative of the information will be viewable to DOE discussed in the prior section, DOE has basic models’ true energy consumption Building Technologies staff only. Your initially determined that the alternate characteristics. 10 CFR 430.27(k)(1). contact information will not be publicly test procedure as suggested by Anker Likewise, Anker may request that DOE viewable except for your first and last would not evaluate the basic model in rescind or modify the interim waiver if names, organization name (if any), and a manner representative of its true Anker discovers an in the information submitter representative name (if any). energy characteristics. In contrast, the provided to DOE as part of its petition, If your comment is not processed alternate test procedure specified by determines that the interim waiver is no properly because of technical DOE appears to allow for the accurate longer needed, or for other appropriate difficulties, DOE will use this measurement of the efficiency of this reasons. 10 CFR 430.27(k)(2). information to contact you. If DOE product, while alleviating the testing (6) Granting of this interim waiver cannot read your comment due to problems associated with Anker’s does not release Anker from the technical difficulties and cannot contact implementation of EPS testing for the certification requirements set forth at 10 you for clarification, DOE may not be basic model specified in its petition. CFR part 429. able to consider your comment. Consequently, it appears likely that DOE makes decisions on waivers and However, your contact information Anker’s petition for a waiver will be interim waivers for only those basic will be publicly viewable if you include granted. Furthermore, DOE has models specifically set out in the it in the comment or in any documents determined that it is desirable for public petition, not future models that may be attached to your comment. Any policy reasons to grant Anker immediate manufactured by the petitioner. Anker information that you do not want to be relief pending a determination of the may submit a new or amended petition publicly viewable should not be petition for waiver. for waiver and request for grant of included in your comment, nor in any For the reasons stated, DOE has interim waiver, as appropriate, for document attached to your comment. issued an Order stating: additional basic models of central air Persons viewing comments will see only (1) Anker must test and rate Anker- conditioners and heat pumps. first and last names, organization branded external power supply (‘‘EPS’’) Alternatively, if appropriate, Anker may names, correspondence containing basic model A2041 in accordance with request that DOE extend the scope of a comments, and any documents the alternate test procedure set forth in waiver or an interim waiver to include submitted with the comments. paragraph (2). additional basic models employing the Do not submit to http:// (2) The alternate test procedure for the same technology as the basic model(s) www.regulations.gov information for Anker basic models referenced in set forth in the original petition which disclosure is restricted by statute, paragraph (1) is the test procedure for consistent with 10 CFR 430.27(g). such as trade secrets and commercial or EPS prescribed by DOE at 10 CFR part financial information (hereinafter 430, subpart B, Appendix Z, except that V. Request for Comments referred to as Confidential Business under section 4(a)(i)(E) and Table 1 of DOE is publishing Anker’s petition for Information (‘‘CBI’’)). Comments Appendix Z, when testing at the lowest waiver in its entirety as originally submitted through http:// achievable output voltage, ports that submitted, pursuant to 10 CFR www.regulations.gov cannot be claimed meet the IEC 62680–1–2:2017 430.27(b)(1)(iv). The petition includes a as CBI. Comments received through the specification must be tested such that suggested alternate test procedure, as website will waive any CBI claims for the 100% nameplate loading condition specified in section III of this document, the information submitted. For shall be 2 amps (which corresponds to to determine the efficiency of Anker’s information on submitting CBI, see the an output power of 10 watts). The 75%, specified EPS. DOE may consider Confidential Business Information 50%, and 25% loading conditions shall including this alternate procedure in a section. be scaled accordingly and the nameplate subsequent Decision and Order based DOE processes submissions made output power of such ports, at the on comments from interested parties. through http://www.regulations.gov lowest output voltage, shall be equal to However, DOE is granting an interim before posting. Normally, comments 10 watts. All other requirements of waiver using an alternate test procedure will be posted within a few days of Appendix Z and DOE’s regulations different than that suggested by the being submitted. However, if large remain applicable. petitioner described in section IV of this volumes of comments are being (3) Representations. Anker may not document. DOE may consider including processed simultaneously, your make representations about the energy the alternate procedure specified in the comment may not be viewable for up to efficiency of the basic models Interim Waiver Order in a subsequent several weeks. Please keep the comment referenced in paragraph (1) for Decision and Order. tracking number that http:// compliance, marketing, or other DOE invites all interested parties to www.regulations.gov provides after you purposes unless the basic model has submit in writing by August 16, 2019, have successfully uploaded your been tested in accordance with the comments and information on all comment. provisions set forth in paragraph (2) and aspects of the petition, including the Submitting comments via email, hand such representations fairly disclose the alternate test procedure. Pursuant to 10 delivery, or mail. Comments and results of such testing. CFR 430.27(d), any person submitting documents submitted via email, hand (4) This interim waiver shall remain written comments to DOE must also delivery, or mail also will be posted to in effect according to the provisions of send a copy of such comments to the http://www.regulations.gov. If you do 10 CFR 430.27. petitioner. The contact information for not want your personal contact

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information to be publicly viewable, do the submitting person which would II. Need for Die [sic] Requested Waiver not include it in your comment or any result from public disclosure, (6) when Adaptive EPSs are highly beneficial accompanying documents. Instead, such information might lose its products is [sic] to help provide a provide your contact information on a confidential character due to the cover letter. Include your first and last passage of time, and (7) why disclosure standardized approach for power supply names, email address, telephone of the information would be contrary to and peripheral developers to ensure number, and optional mailing address. the public interest. backward compatibility while retaining The cover letter will not be publicly It is DOE’s policy that all comments product design and marketing viewable as long as it does not include may be included in the public docket, flexibility. any comments. without change and as received, Under the current DOE test Include contact information each time including any personal information procedure, average active-mode you submit comments, data, documents, provided in the comments (except efficiency for adaptive EPS is to be and other information to DOE. If you information deemed to be exempt from measured by testing the unit twice— submit via mail or hand delivery, please public disclosure). once at the highest achievable output voltage and once at the lowest[.] Testing provide all items on a CD, if feasible. It Signed in Washington, DC, on July 10, is not necessary to submit printed 2019. is to be across four load points (100%, copies. No facsimiles (faxes) will be Alexander N. Fitzsimmons, 75%, 50%, and 25%) for each of the highest and lowest voltage levels. The accepted. Acting Deputy Assistant Secretary for Energy Comments, data, and other Efficiency, Energy Efficiency and Renewable average efficiency is deemed to be the information submitted to DOE Energy. arithmetic mean of the efficiency values electronically should be provided in calculated at the four load points. 8 [sic] PDF (preferred), Microsoft Word or Petition of Anker Innovations Limited. The lowest achievable output voltage Excel, WordPerfect, or text (ASCII) file For Waiver and Application for Interim supported by the basic models is 5 volts format. Provide documents that are not Waiver Interim Waiver of Test (V). They are designed to provide a secured, written in English and free of Procedure for External Power Supplies maximum power of 15W when this any defects or viruses. Documents Anker Innovations Limited (Anker) voltage is selected. 15W is an element should not contain special characters or respectfully submits this Petition for of the USB Power Delivery Specification any form of encryption and, if possible, Waiver and Application for Interim (standard IEC 62680–1–2:2017), which they should carry the electronic Waiverl [sic] as related to the requires the product to support 15W at signature of the author. Department of Energy’s (DOE) test 5V. However, adaptive EPS do not Campaign form letters. Please submit procedure for external power supplies exceed IOW for almost all usage. 15W campaign form letters by the originating (EPS) that Part 430, Subpart B, at 5V will only be used in rare use organization in batches of between 50 to Appendix Z. scenarios and only for brief periods of 500 form letters per PDF or as one form Anker is located at Room 1318–19, time. Therefore, the DOE test letter with a list of supporters’ names Hollywood Plaza, 610 Nathan Road, procedure’s evaluation at this power compiled into one or more PDFs. This Mongkok, Kowloon, Hongkong [sic]. level is unrepresentative of the true reduces comment processing and Telephone number: 0755–86544807. energy consumption of the basic models posting time. The EPS basic models listed in in real-world usage. Confidential Business Information. Appendix I hereto meet the criteria for III. Proposed Alternate Test Procedure According to 10 CFR 1004.11, any a waiver[.] person submitting information that he The current DOE test procedure Anker proposed alternate test or she believes to be confidential and evaluates the models in a manner that procedure, [ ] consistent with the exempt by law from public disclosure is that is [sic] grossly unrepresentative approved alternate test procedure to should submit via email, postal mail, or of their actual energy consumption evaluate the performance of the hand delivery two well-marked copies: characteristics in real-world usage. This performance of the actual usage models. One copy of the document marked situation has already been recognized by A2041 is a 100W intelligent charger, [ ] confidential including all the DOE, and it has indicated a willingness it contains four output ports, [sic] 2 information believed to be confidential, to review the situation. Anker urges that USBC ports and 2 USBA ports. So and one copy of the document marked a waiver be granted that will provide for Anker think [sic] that the following ‘‘non-confidential’’ with the information the alternate test procedure . [sic] combination can better evaluate the believed to be confidential deleted. discussed herein, under which lowest performance of the product. Submit these documents via email or on voltage average efficiency would be This usage mddels [sic] combination a CD, if feasible. DOE will make its own measured at 10 watts (W). This is far [sic] as follow: determination about the confidential more representative of actual energy status of the information and treat it When the USBA loading condition at consumption characteristics of the [the] lowest achievable output voltage is according to its determination. product in real-world usage than the Factors of interest to DOE when 2A [ ] (The UABA corresponds to output 15W required by the current DOE test power of 10 Watts). At the same time evaluating requests to treat submitted procedure. DOE ‘‘will grant a waiver information as confidential include (1) a with the USBC loading condition at the from the test procedure requirements’’ rest of 90 watts is 4.5A at highest output description of the items, (2) whether in these circumstances. and why such items are customarily voltage [ ] (20V). The product total treated as confidential within the I. Basic Models for Which a Waiver Is output power is 100 watts. • industry, (3) whether the information is Requested Measure at 4 points: 100%, 75%, generally known by or available from The basic models for which a waiver 50%, & 25% of 100W load points at the other sources, (4) whether the is requested are the adaptive EPS set same time with USBA and USBC information has previously been made forth in Appendix I hereto. They are loading condition. available to others without obligation manufactured by Anker Innovations are • Take the average. concerning its confidentiality, (5) an [sic] distributed in commerce under the • Compare results against DOE explanation of the competitive injury to Anker brand name. efficiency requirement at 100 watts.

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IV. Request for Interim Waiver Appendix I Lucent Trans Electronics Co., Ltd. Mobileconn Technology Co., Ltd. The waiver and interim waiver requested Anker requests an interim waiver for Phihong Technology Co., Ltd. herein should apply to testing and rating of its testing and rating of the models in Poin2 Lab. Appendix I. The petition for waiver is the following basic models: A2041 provided by Anker Innovations Limited. Renesas Electronics Corp. likely to be granted, as evidenced by its Salcomp Pie merits. Without waiver relief, Anker Appendix II Samsung would be subject to requirements that The following are manufacturers of all STMicroelectronics clearly should not apply to such other basic models distributed in commerce Superior Communications products. And without such relief, Sales in the United States and known to Anker to Texas Instruments [sic] of EPS will be inhibited, to the incorporate design characteristics similar to Ventev Mobile detriment of Anker and to users and those found in the basic models that are the Weltrend Semiconductor distributors of adaptive EPS and the subject of the petition for waiver: Xentris Wireless products that use EPS. Apple, Inc [FR Doc. 2019–15204 Filed 7–16–19; 8:45 am] Chicony Power Technology BILLING CODE 6450–01–P Conclusion Chrontel, Inc DOE should grant Anker the Dell HONOR ELECTRONIC CO. LTD requested waiver and interim waiver for DEPARTMENT OF ENERGY the models listed in Appendix I hereto. Huntkey Ever Win International Corp. Respectfully submitted, Griffin Technology LLC Notice of Orders Issued Under Section Compliance Engineer: Eric Pan LG Electronics USA, Inc 3 of the Natural Gas Act During May /s/ Lite on 2019

FE Docket Nos.

PORT ARTHUR LNG, LLC ...... 15–96–LNG DRIFTWOOD LNG LLC ...... 16–144–LNG ENVIRO EXPRESS, INC ...... 19–35–LNG; 17–53–LNG TRANS-PECOS PIPELINE, LLC ...... 19–50–NG ENCANA MARKETING (USA) INC ...... 19–47–NG TRAILSTONE ENERGY MARKETING DE MEXICO, S. DE R.L. DE C.V ...... 19–51–NG TRAILSTONE NA LOGISTICS, LLC ...... 19–52–NG ECOGAS MEXICO, S. DE R.L. DE C.V ...... 19–45–NG WORLD FUEL SERVICES, INC ...... 19–46–NG; IDAHO POWER COMPANY ...... 19–53–NG CHEVRON U.S.A. INC ...... 19–54–NG CP ENERGY MARKETING (US) INC ...... 19–58–NG ELEMENT MARKETS RENEWBLE ENERGY LLC ...... 19–59–NG OZARK GAS LLC ...... 19–60–NG PETROCHINA INTERNATIONAL (CANADA)) TRADING LTD ...... 19–44–NG NEW ENGLAND NG SUPPLY LIMITED ...... 19–55–NG POTELCO, INC ...... 19–56–LNG CASCADE NATURAL GAS CORPORATION ...... 19–57–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 and copying in the U.S. Department of Signed in Washington, DC, on July 11, notice that during May 2019, it issued 2019. orders granting authority to import and Energy (FE–34), Division of Natural Gas Amy Sweeney, export natural gas, to import and export Regulation, Office of Regulation, liquefied natural gas (LNG), and Analysis, and Engagement, Office of Director, Office of Regulation, Analysis, and Engagement, Office of Oil and Natural Gas. 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

4372 ...... 05/02/19 15–96–LNG ... Port Arthur LNG, LLC ...... Opinion and Order 4372 granting long-term authority to export LNG to Non-Free Trade Agreement Nations. 4373 ...... 05/02/19 16–144–LNG Driftwood LNG LLC ...... Opinion and Order 4373 granting long-term authority to export LNG to Non-Free Trade Agreement Nations. 4380; 4031–A 05/14/19 19–35–LNG; Enviro Express, Inc ...... Order 4380 granting blanket authority to import LNG from 17–53–LNG. Canada by truck, and Order 4031–A vacating prior authorization. 4381 ...... 05/14/19 19–50–NG ..... Trans–Pecos Pipeline, LLC ... Order 4381 granting blanket authority to import/export natural gas from/to Mexico.

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DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS—Continued 4382 ...... 05/14/19 19–47–NG ..... Encana Marketing (USA) Inc Order 4382 granting blanket authority to import/export natural gas from/to Canada/Mexico. 4383 ...... 05/14/19 19–51–NG ..... Trailstone Energy Marketing Order 4383 granting blanket authority to import/export nat- de Mexico, S. de R.L. de ural gas from/to Mexico. C.V. 4384 ...... 05/14/19 19–52–NG ..... Trailstone NA Logistics, LLC Order 4384 granting blanket authority to import/export natural gas from/to Canada/Mexico, to import LNG from Canada/Mexico by truck, to export LNG to Canada/Mex- ico by vessel, and to import LNG from various international sources by vessel. 4385 ...... 05/14/19 19–45–NG ..... Ecogas Mexico, S. de R.L. de Order 4385 granting blanket authority to import natural gas C.V. from Canada, and to export natural gas to Mexico. 4386 ...... 05/29/19 19–46–NG ..... World Fuel Services, Inc ...... Order 4386 granting blanket authority to import/export natural gas from/to Mexico. 4387 ...... 05/29/19 19–53–NG ..... Idaho Power Company ...... Order 4387 granting blanket authority to import natural gas from Canada. 4388 ...... 05/29/19 19–54–NG ..... Chevron U.S.A. Inc ...... Order 4388 granting blanket authority to import/export natural gas from/to Canada. 4389 ...... 05/29/19 19–58–NG ..... CP Energy Marketing (US) Order 4389 granting blanket authority to import/export nat- Inc. ural gas from/to Canada. 4390 ...... 05/29/19 19–59–NG ..... Element Markets Renewable Order 4390 granting blanket authority to import/export nat- Energy LLC. ural gas from/to Canada/Mexico. 4391 ...... 05/29/19 19–60–NG ..... Ozark Gas LLC ...... Order 4391 granting blanket authority to export natural gas to Mexico. 4392 ...... 05/30/19 19–44–NG ..... PetroChina International Order 4392 granting blanket authority to import/export nat- (Canada) Trading Ltd. ural gas from/to Canada. 4393 ...... 05/30/19 19–55–NG ..... New England NG Supply Lim- Order 4393 granting blanket authority to import/export nat- ited. ural gas from/to Canada. 4394 ...... 05/30/19 19–56–LNG ... Potelco, Inc ...... Order 4394 granting blanket authority to import LNG from Canada by truck. 4395 ...... 05/30/19 19–57–NG ..... Cascade Natural Gas Cor- Order 4395 granting blanket authority to import natural gas poration. from Canada.

[FR Doc. 2019–15167 Filed 7–16–19; 8:45 am] Description: Compliance filing docs-filing/efiling/filing-req.pdf. For BILLING CODE 6450–01–P Negotiated Rate and Non-Conforming— other information, call (866) 208–3676 Garrison to be effective 7/12/2019. (toll free). For TTY, call (202) 502–8659. Filed Date: 7/11/19. Dated: July 10, 2019.. DEPARTMENT OF ENERGY Accession Number: 20190711–5000. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 7/23/19. Federal Energy Regulatory Deputy Secretary. Docket Numbers: RP19–1381–000. Commission [FR Doc. 2019–15176 Filed 7–16–19; 8:45 am] Applicants: Northern Natural Gas BILLING CODE 6717–01–P Combined Notice of Filings Company. Description: Petition for Limited Take notice that the Commission has Waiver of Tariff Provisions of Northern DEPARTMENT OF ENERGY received the following Natural Gas Natural Gas Company under RP19– Pipeline Rate and Refund Report filings: 1381. Federal Energy Regulatory Filed Date: 7/10/19. Filings Instituting Proceedings Commission Accession Number: 20190710–5155. Docket Numbers: RP18–1115–001. Comments Due: 5 p.m. ET 7/22/19. [Docket No. IN14–4–000] Applicants: Saltville Gas Storage The filings are accessible in the Vitol Inc., Federico Corteggiano; Company L.L.C. Commission’s eLibrary system by Notice of Designation of Commission Description: Report Filing: Saltville clicking on the links or querying the Staff as Non-Decisional RP18–1115 Refund Report. docket number. Filed Date: 7/10/19. Any person desiring to intervene or With respect to an order issued by the Accession Number: 20190710–5057. protest in any of the above proceedings Commission on July 10, 2019, in the Comments Due: 5 p.m. ET 7/22/19. must file in accordance with Rules 211 above-captioned docket, with the Docket Numbers: RP19–1379–000. and 214 of the Commission’s exceptions noted below, the staff of the Applicants: Rockies Express Pipeline Regulations (18 CFR 385.211 and Office of Enforcement are designated as LLC. 385.214) on or before 5:00 p.m. Eastern non-decisional in deliberations by the Description: § 4(d) Rate Filing: Neg time on the specified comment date. Commission in this docket.1 Rate 2019–07–11 Freepoint to be Protests may be considered, but Accordingly, pursuant to 18 CFR effective 7/11/2019. intervention is necessary to become a 385.2202 (2018), they will not serve as Filed Date: 7/10/19. party to the proceeding. advisors to the Commission or take part Accession Number: 20190710–5126. eFiling is encouraged. More detailed in the Commission’s review of any offer Comments Due: 5 p.m. ET 7/22/19. information relating to filing of settlement. Likewise, as non- Docket Numbers: RP19–1380–000. requirements, interventions, protests, Applicants: Eastern Shore Natural Gas service, and qualifying facilities filings 1 Vitol Inc. and Federico Corteggiano, 168 FERC Company. can be found at: http://www.ferc.gov/ ¶ 61,013 (2019).

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decisional staff, pursuant to 18 CFR Accession Number: 20190711–5019. Filed Date: 7/11/19. 385.2201 (2018), they are prohibited Comments Due: 5 p.m. ET 8/1/19. Accession Number: 20190711–5078. from communicating with advisory staff Docket Numbers: ER19–1943–001. Comments Due: 5 p.m. ET 8/1/19. concerning any deliberations in this Applicants: NorthWestern Docket Numbers: ER19–2382–000. docket. Corporation. Applicants: Story County Wind, LLC. Exceptions to this designation as non- Description: Compliance filing: Description: Baseline eTariff Filing: decisional are: Response to Deficiency Letter re Order Story County Wind, LLC Application for Jeremy Medovoy No. 845/845–A Compliance Filing to be Market-Based Rate Authority to be Mark Nagle effective 5/22/2019. effective 9/10/2019. Jessica Wack Filed Date: 7/11/19. Filed Date: 7/11/19. Ambrea Watts Accession Number: 20190711–5072. Accession Number: 20190711–5081. Benjamin Jarrett Comments Due: 5 p.m. ET 8/1/19. Comments Due: 5 p.m. ET 8/1/19. Alfred Jasins Docket Numbers: ER19–2376–000. Docket Numbers: ER19–2383–000. Darice Xue Applicants: Deseret Generation & Applicants: AEP Texas Inc. Joel Douglas Transmission Co-operative, Inc. Description: § 205(d) Rate Filing: Description: Compliance filing: OATT Dated: July 11, 2019. AEPTX-Karankawa Wind I Order No. 845 Compliance—Deficiency Nathaniel J. Davis, Sr., Interconnection Agreement First Amend Response to be effective 5/20/2019. Deputy Secretary. & Restated to be effective 6/20/2019. Filed Date: 7/11/19. [FR Doc. 2019–15170 Filed 7–16–19; 8:45 am] Accession Number: 20190711–5015. Filed Date: 7/11/19. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 8/1/19. Accession Number: 20190711–5082. Comments Due: 5 p.m. ET 8/1/19. Docket Numbers: ER19–2377–000. Docket Numbers: ER19–2384–000. DEPARTMENT OF ENERGY Applicants: Midcontinent Independent System Operator, Inc., Applicants: AEP Texas Inc. Federal Energy Regulatory Michigan Electric Transmission Description: § 205(d) Rate Filing: Commission Company. AEPTX-La Chalupa Interconnection Description: § 205(d) Rate Filing: Agreement First Amend & Restated to be Combined Notice of Filings #1 2019–07–11_SA 3330 Assembly Solar effective 6/25/2019. LLC–METC E&P (J796) to be effective Filed Date: 7/11/19. Take notice that the Commission 9/10/2019. Accession Number: 20190711–5083. received the following exempt Filed Date: 7/11/19. Comments Due: 5 p.m. ET 8/1/19. wholesale generator filings: Accession Number: 20190711–5047. Docket Numbers: ER19–2385–000. Docket Numbers: EG19–148–000. Comments Due: 5 p.m. ET 8/1/19. Applicants: AEP Texas Inc. Applicants: Grazing Yak Solar, LLC. Docket Numbers: ER19–2378–000. Description: § 205(d) Rate Filing: Description: Notice of Self- Applicants: Sterlington Power LLC. AEPTX-Karankawa Wind II Certification of Exempt Wholesale Description: Compliance filing: Notice Interconnection Agreement First Amend Generator Status of Grazing Yak Solar, of Succession, Baseline Re-file, and & Restated to be effective 6/27/2019. LLC. Request for Admin Cancellation to be Filed Date: 7/11/19. Filed Date: 7/10/19. effective 5/15/2019. Accession Number: 20190711–5084. Accession Number: 20190710–5127. Filed Date: 7/11/19. Comments Due: 5 p.m. ET 8/1/19. Comments Due: 5 p.m. ET 7/31/19. Accession Number: 20190711–5049. The filings are accessible in the Docket Numbers: EG19–149–000. Comments Due: 5 p.m. ET 8/1/19. Applicants: Caden Energix Hickory Commission’s eLibrary system by Docket Numbers: ER19–2379–000. clicking on the links or querying the LLC. Applicants: Duke Energy Progress, Description: Self-Certification of EG or docket number. LLC. Any person desiring to intervene or FC of Caden Energix Hickory LLC. Description: § 205(d) Rate Filing: Filed Date: 7/11/19. protest in any of the above proceedings DEP–DEC ASOA (Asheville CC) must file in accordance with Rules 211 Accession Number: 20190711–5099. Concurrence Filing (DEP SA No. 362) to Comments Due: 5 p.m. ET 8/1/19. and 214 of the Commission’s be effective 6/19/2019. Regulations (18 CFR 385.211 and Take notice that the Commission Filed Date: 7/11/19. 385.214) on or before 5:00 p.m. Eastern received the following electric rate Accession Number: 20190711–5056. time on the specified comment date. filings: Comments Due: 5 p.m. ET 8/1/19. Protests may be considered, but Docket Numbers: ER19–1900–001. Docket Numbers: ER19–2380–000. intervention is necessary to become a Applicants: Golden Spread Electric Applicants: Midcontinent party to the proceeding. Cooperative, Inc. Independent System Operator, Inc. eFiling is encouraged. More detailed Description: Compliance filing: ER19– Description: § 205(d) Rate Filing: information relating to filing _ 1900 Deficiency Letter Response to be 2019–07–11 SA 3228 Interstate Power requirements, interventions, protests, effective 5/20/2019. and Light Co-ITC Midwest 1st Rev GIA service, and qualifying facilities filings Filed Date: 7/11/19. (J495) to be effective 6/26/2019. can be found at: http://www.ferc.gov/ Accession Number: 20190711–5057. Filed Date: 7/11/19. docs-filing/efiling/filing-req.pdf. For Comments Due: 5 p.m. ET 8/1/19. Accession Number: 20190711–5074. other information, call (866) 208–3676 Docket Numbers: ER19–1902–001. Comments Due: 5 p.m. ET 8/1/19. (toll free). For TTY, call (202) 502–8659. Applicants: Deseret Generation & Docket Numbers: ER19–2381–000. Transmission Co-operative, Inc. Applicants: PJM Interconnection, Dated: July 11, 2019. Description: Compliance filing: ER19– L.L.C. Nathaniel J. Davis, Sr., 1902 Deficiency Letter Response to be Description: § 205(d) Rate Filing: Deputy Secretary. effective 5/20/2019. Amendment to ISA, SA No. 2053, [FR Doc. 2019–15177 Filed 7–16–19; 8:45 am] Filed Date: 7/11/19. NQ121 (amend) to be effective 6/2/2015. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY [email protected]. or call for the PRP was published in the (866) 208–3676 (toll free). For TTY, call Federal Register on November 21, Federal Energy Regulatory (202) 502–8659. 1994.1 In accordance with the marketing Commission Dated: July 10, 2019. plan, WAPA markets the output of the PRP to the Utah Associated Municipal [Docket No. ER19–2373–000] Nathaniel J. Davis, Sr., Power Systems, Utah Municipal Power Deputy Secretary. Ashtabula Wind I, LLC; Supplemental Agency, and Heber Light and Power Notice That Initial Market-Based Rate [FR Doc. 2019–15174 Filed 7–16–19; 8:45 am] (Customers). WAPA provides electric Filing Includes Request for Blanket BILLING CODE 6717–01–P service to the Customers under contracts Section 204 Authorization that will expire September 30, 2024.2 WAPA intends to execute new contracts This is a supplemental notice in the DEPARTMENT OF ENERGY and a new marketing plan to be effective above-referenced proceeding of Western Area Power Administration October 1, 2024; however, these will be Ashtabula Wind I, LLC’s application for done in a separate public rate process market-based rate authority, with an Provo River Project—Rate Order No. and are not expected to impact this rate accompanying rate tariff, noting that WAPA–189 action. The Customers receive all such application includes a request for marketable power generation from the blanket authorization, under 18 CFR AGENCY: Western Area Power PRP and pay the annual revenue part 34, of future issuances of securities Administration, DOE. requirement in 12 monthly-installment and assumptions of liability. ACTION: Notice of proposed Provo River payments based on the estimated Any person desiring to intervene or to Project firm power formula rate. operation, maintenance, interest, and protest should file with the Federal replacement costs for the Deer Creek Energy Regulatory Commission, 888 SUMMARY: Western Area Power Power Plant. The payments do not First Street NE, Washington, DC 20426, Administration (WAPA) proposes a 5- depend upon the power and energy in accordance with Rules 211 and 214 year Provo River Project (PRP) Firm made available for sale each year. A of the Commission’s Rules of Practice Power Formula Rate through March 31, reconciliation of estimates to actual and Procedure (18 CFR 385.211 and 2025, which is unchanged from the expenses is accomplished at the end of 385.214). Anyone filing a motion to existing formula rate in Rate Schedule the fiscal year, and any differences are intervene or protest must serve a copy PR–1 that expires on March 31, 2020. included in the following fiscal year’s of that document on the Applicant. This is considered a minor rate revenue requirement. Notice is hereby given that the adjustment since the installed capacity On November 2, 2010, the Federal deadline for filing protests with regard for the project is only 5,000 kilowatts Energy Regulatory Commission (FERC) to the applicant’s request for blanket and therefore below the 20,000 kilowatt confirmed, approved, and placed into authorization, under 18 CFR part 34, of threshold that would make it a major effect Rate Order No. WAPA–149 for a future issuances of securities and rate adjustment. 5-year period through March 31, 2015. assumptions of liability, is July 31, DATES: A consultation and comment Subsequently, WAPA–165 extended the 2019. period will begin July 17, 2019 and end formula rate for another 5-year period The Commission encourages August 16, 2019. WAPA will accept through March 31, 2020.3 The existing electronic submission of protests and written comments at any time during formula rate provides sufficient revenue interventions in lieu of paper, using the the consultation and comment period. to recover annual expenses, interest, FERC Online links at http:// ADDRESSES: Written comments and and capital replacements within the cost www.ferc.gov. To facilitate electronic requests to be informed of Federal recovery criteria set forth in Department service, persons with internet access Energy Regulatory Commission (FERC) of Energy (DOE) Order RA 6120.2. who will eFile a document and/or be actions concerning the proposed listed as a contact for an intervenor Legal Authority formula rate submitted by WAPA to must create and validate an FERC for approval should be sent to: The proposed action is a minor rate eRegistration account using the Steven Johnson, CRSP Manager, adjustment, as defined by 10 CFR eRegistration link. Select the eFiling Colorado River Storage Project 903.2(f). In accordance with 10 CFR link to log on and submit the Management Center, Western Area 903.15(a) and 10 CFR 903.16(a), WAPA intervention or protests. has determined it is not necessary to Persons unable to file electronically Power Administration, 299 South Main Street, Suite 200, Salt Lake City, UT hold public information and public should submit an original and 5 copies comment forums for this rate action. of the intervention or protest to the 84111, (970) 252–3000, email: CRSPMC- [email protected]. WAPA will post Nonetheless, WAPA is initiating a 30- Federal Energy Regulatory Commission, day consultation and comment period to 888 First Street NE, Washington, DC information about the proposed formula rate and the written comments received give the public an opportunity to 20426. comment on the proposed formula rate. The filings in the above-referenced to its website at: https://www.wapa.gov/ WAPA will review and consider all proceeding are accessible in the regions/CRSP/rates/Pages/rates.aspx. timely public comments at the Commission’s eLibrary system by FOR FURTHER INFORMATION CONTACT: Mr. conclusion of the consultation and clicking on the appropriate link in the Thomas Hackett, Rates Manager, comment period and make amendments above list. They are also available for Colorado River Storage Project Management Center, Western Area electronic review in the Commission’s 1 Power Administration, (801) 524–5503, 59 FR 60,007. Public Reference Room in Washington, 2 WAPA Contract Nos. 94–SLC–0254 (Dec. 22, DC. There is an eSubscription link on or email: [email protected]. 1994), 94–SLC–0253 (Jan. 19, 1995), and 07–SLC– the website that enables subscribers to SUPPLEMENTARY INFORMATION: The Deer 0601 (Mar. 28, 2007). receive email notification when a Creek Dam, Reservoir, and Power Plant 3 FERC approved consecutive 5-year rate extensions of the same formula rate in Docket Nos. document is added to a subscribed are components of the Deer Creek EF15–5–000 (133 FERC ¶ 62,112) and EF15–6–000 docket(s). For assistance with any FERC Division of the PRP, located on the (151 FERC ¶ 62,223), extending the rate through Online service, please email Provo River in Utah. The marketing plan March 31, 2020.

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or adjustments to the proposal as WAPA is in the process of determining Dated: July 11, 2019. appropriate. whether an environmental assessment Rachel E. Dickon, WAPA is establishing the PRP or an environmental impact statement Secretary. formula rate in accordance with Section should be prepared, or if this action can [FR Doc. 2019–15183 Filed 7–16–19; 8:45 am] 302 of the DOE Organization Act (42 be categorically excluded from those BILLING CODE 6731–AA–P U.S.C. 7152), which transferred to, and requirements. vested in, the Secretary of Energy the Determination Under Executive Order power marketing functions of the 12866 FEDERAL RETIREMENT THRIFT Secretary of the Interior and the Bureau INVESTMENT of Reclamation, under the Reclamation WAPA has an exemption from Act of 1902 (ch. 1093, 32 Stat. 388), as centralized regulatory review under Board Member Meeting amended and supplemented by Executive Order 12866; accordingly, no subsequent laws, particularly section clearance of this notice by the Office of 77 K Street NE, 10th Floor, Washington, 9(c) of the Reclamation Project Act of Management and Budget is required. DC 20002 July 22, 2019, 8:30 a.m. 1939 (43 U.S.C. 485h(c)), and other acts Dated: June 26, 2019. that specifically apply to the PRP. Mark A. Gabriel, Open Session By Delegation Order No. 00–037.00B, effective November 19, 2016, the Administrator. 1. Approval of the June 24, 2019 Board Secretary of Energy delegated: (1) The [FR Doc. 2019–15205 Filed 7–16–19; 8:45 am] Meeting Minutes authority to develop power and BILLING CODE 6450–01–P 2. Monthly Reports transmission rates to WAPA’s (a) Participant Activity Report Administrator; (2) the authority to (b) Legislative Report confirm, approve, and place into effect 3. Quarterly Reports such rates on an interim basis to the FEDERAL MARITIME COMMISSION (c) Investment Performance Deputy Secretary of Energy; and (3) the (d) Budget Review Notice of Agreements Filed authority to confirm, approve, and place (e) Audit Status 4. Withdrawal Project Update into effect on a final basis, or to remand The Commission hereby gives notice or disapprove such rates, to FERC. In of the filing of the following agreement Closed Session Delegation Order No. 00–002.00Q, under the Shipping Act of 1984. Information covered under 5 U.S.C. effective November 1, 2018, the Interested parties may submit comments Secretary of Energy also delegated to the 552b (c)(6), (c)(9)(B), and c(10). on the agreements to the Secretary by Contact Person for More Information: Under Secretary of Energy the authority email at [email protected], or by mail, to confirm, approve, and place into Kimberly Weaver, Director, Office of Federal Maritime Commission, External Affairs, (202) 942–1640. effect on an interim basis power and Washington, DC 20573, within twelve transmission rates for WAPA. By days of the date this notice appears in Dated: July 12, 2019. Redelegation Order No. 00–002.10D, the Federal Register. Copies of Megan Grumbine, effective June 4, 2019, the Under agreements are available through the General Counsel, Federal Retirement Thrift Secretary of Energy further delegated Commission’s website (www.fmc.gov) or Investment Board. the authority to confirm, approve, and by contacting the Office of Agreements [FR Doc. 2019–15182 Filed 7–16–19; 8:45 am] place such rates into effect on an at (202) 523–5793 or tradeanalysis@ BILLING CODE 6760–01–P interim basis to the Assistant Secretary fmc.gov. for Electricity. Agreement No.: 011931–010. Availability of Information Agreement Name: CMA CGM/Marfret DEPARTMENT OF HEALTH AND HUMAN SERVICES All brochures, studies, comments, Vessel Sharing Agreement for PAD Service. letters, memoranda, or other documents Agency for Healthcare Research and that WAPA initiates or uses to develop Parties: CMA CGM S.A. and Quality the proposed formula rate are available Compagnie Maritime Marfret. for inspection and copying at the Filing Party: Draughn Arbona; CMA Meeting of the National Advisory Colorado River Storage Project CGM (America) LLC. Council for Healthcare Research and Management Center located at 299 Synopsis: The amendment provides Quality South Main Street, Suite 200, Salt Lake authority for the Parties to make AGENCY: City, Utah. Many of these documents seasonable adjustments to capacity, Agency for Healthcare Research and supporting information are also with the service operating on a weekly and Quality (AHRQ), HHS. available on WAPA’s website at: https:// scheduled during the peak season and ACTION: Notice of public meeting. www.wapa.gov/regions/CRSP/rates/ fortnightly during the slack season. The SUMMARY: This notice announces a Pages/rates.aspx. amendment further serves to remove meeting of the National Advisory language regarding joint procurement Ratemaking Procedure Requirements Council for Healthcare Research and authority, which has not been utilized Quality. Environmental Compliance by the Parties, while clarifying that the In compliance with the National Parties are authorized to discuss and DATES: The meeting will be held on Environmental Policy Act of 1969, as agree upon certain practical matters Wednesday, July 24, 2019, from 8:30 amended (NEPA) (42 U.S.C. 4321 et related to terminals and terminal-related a.m. to 3:00 p.m. seq.); the Council on Environmental services. ADDRESSES: The meeting will be held at Quality Regulations for implementing Proposed Effective Date: 8/19/2019. AHRQ, 5600 Fishers Lane, Rockville, NEPA (40 CFR parts 1500–1508); and Location: https://www2.fmc.gov/ Maryland 20857. DOE NEPA Implementing Procedures FMC.Agreements.Web/Public/ FOR FURTHER INFORMATION CONTACT: and Guidelines (10 CFR part 1021), AgreementHistory/512. Jaime Zimmerman, Designated

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Management Official, at the Agency for The agenda will also allow for further • Retitle the Office of the Associate Healthcare Research and Quality, 5600 discussion about advancing patient- Director for Science (CUH17) to the Fishers Lane, Mail Stop 06E37A, centered care for people living with Office of Science (CUH17) Rockville, Maryland 20857, (301) 427– multiple chronic conditions. The final • Establish the Office of Strategy and 1456. For press-related information, agenda will be available on the AHRQ Innovation (CUH18) please contact Karen Migdail at (301) website at www.AHRQ.gov no later than • Establish the Office of Informatics 427–1855 or Karen.Migdail@ Wednesday, July 17, 2019. (CUH19) • ahrq.hhs.gov. Dated: July 11, 2019. Update the functional statements for If sign language interpretation or other Virginia L. Mackay-Smith, the Division of Violence Prevention reasonable accommodation for a (CUHC) Associate Director. disability is needed, please contact the • Update the functional statements for Food and Drug Administration (FDA) [FR Doc. 2019–15140 Filed 7–16–19; 8:45 am] the Office of the Director (CUHC1) Office of Equal Employment BILLING CODE 4160–90–P • Update the functional statements for Opportunity and Diversity Management the Surveillance Branch (CUHCB) on (301) 827–4840, no later than • Update the functional statements for DEPARTMENT OF HEALTH AND Wednesday, July 10, 2019. The agenda, the Research and Evaluation Branch HUMAN SERVICES roster, and minutes will be available (CUHCC) from Ms. Heather Phelps, Committee • Centers for Disease Control and Update the functional statements for Management Officer, Agency for Prevention the Prevention Practice and Healthcare Research and Quality, 5600 Translation Branch (CUHCD) Fishers Lane, Rockville, Maryland Statement of Organization, Functions, • Establish the Field Epidemiology and 20857. Ms. Phelps’ phone number is and Delegations of Authority Prevention Branch (CUHCE) (301) 427–1128. • Retitle the Division of Analysis, SUPPLEMENTARY INFORMATION: Part C (Centers for Disease Control Research, and Practice Integration and Prevention) of the Statement of I. Purpose (CUHF) to the Division of Injury Organization, Functions, and Prevention (CUHF) In accordance with section 10(a) of Delegations of Authority of the • Update the functional statements for the Federal Advisory Committee Act, 5 Department of Health and Human the Office of the Director (CUHF1) U.S.C. App., this notice announces a Services (45 FR 67772–76, dated • Retitle the Statistics, Programming, meeting of the National Advisory October 14, 1980, and corrected at 45 FR and Economics Branch (CUHFB) to Council for Healthcare Research and 69296, October 20, 1980, as amended the Applied Science Branch (CUHFB) Quality (the Council). The Council is most recently at 84 FR 10518–10519, • Retitle the Practice Integration and authorized by Section 941 of the Public dated March 21, 2019) is amended to Evaluation Branch (CUHFC) to the Health Service Act, 42 U.S.C. 299c. In reflect the reorganization of the National Program Implementation and accordance with its statutory mandate, Center for Injury Prevention and Evaluation Branch (CUHFC) the Council is to advise the Secretary of Control, Deputy Director for Non- • Establish the Data Analytics Branch the Department of Health and Human Infectious Diseases, Centers for Disease (CUHFD) Services and the Director of AHRQ on Control and Prevention. This • Establish the Division of Overdose matters related to AHRQ’s conduct of its reorganization will streamline the Prevention (CUHG) mission including providing guidance current organizational structure, • Establish the Office of the Director on (A) priorities for health care research, improve the overall employee/ (CUHG1) (B) the field of health care research supervisor ratio, eliminate workflow • Establish the Epidemiology and including training needs and inefficiencies, and improve customer Surveillance Branch (CUHGB) information dissemination on health service. • Establish the Health Systems and care quality and (C) the role of the I. Under Part C, Section C–B, Agency in light of private sector activity Research Branch (CUHGC) Organization and Functions, the • and opportunities for public private Establish the Prevention Programs following organizational unit is deleted partnerships. The Council is composed and Evaluation Branch (CUHGD) in its entirety: of members of the public, appointed by III. Under Part C, Section C–B, the Secretary, and Federal ex-officio • Division of Unintentional Injury Organization and Functions, insert the members specified in the authorizing Prevention (CUHD) following: legislation. • Home, Recreation, and Transportation • Office of the Director (CUH1). (1) Branch (CUHDB) Manages, directs, coordinates, and II. Agenda • Health Systems and Trauma Systems evaluates National Center for Injury On Wednesday, July 24, 2019, the Branch (CUHDC) Prevention and Control (NCIPC) Council meeting will convene at 8:30 activities; (2) provides administrative II. Under Part C, Section C–B, a.m., with the call to order by the support, program management, and Organization and Functions, make the Council Chair and approval of previous fiscal services to the center; (3) provides following change: Council summary notes. The meeting is overall guidance and support for center- • open to the public and will be available Update the functional statements for wide grant activities; (4) consults and via webcast at the Office of the Director (CUH1) coordinates activities with medical, www.webconferences.com/ahrq. The • Update the functional statements for engineering, and other scientific and meeting will begin with an update on the Office of Policy and Partnerships professional organizations interested in AHRQ’s budget, programs and (CUH12) injury prevention and control; (5) initiatives. The agenda will also include • Update the functional statements for coordinates NCIPC program activities a discussion of AHRQ’s strategic goals the Office of Program Management with other CDC components, other related to improving care for people and Operations (CUH13) Public Health Service (PHS) agencies, living with multiple chronic conditions, • Update the functional statements for PHS regional offices, other Federal diagnostic error, and data and analytics. the Office of Communication (CUH14) agencies, State and local health

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departments, community-based studies, as required; (5) maintains OADC, and; (15) through matrix organizations, business and industry; (6) liaison with related center staff and management, provides strategic coordinates technical assistance to other other officials of CDC, and; (6) plans, communication direction and technical nations and international organizations coordinates, and provides overall assistance across NCIPC to ensure all in establishing and implementing injury management support, advice, and health communication activities are prevention and control programs; (7) guidance to NCIPC. evidence-based and demonstrate develops goals and objectives and • impact. Office of Communication (CUH14). • provides leadership, policy formation, (1) Coordinates and leads the Office of Science (CHU17). (1) scientific oversight, and guidance in implementation of CDC-wide Provides scientific leadership for the program planning and development; (8) communication initiatives and policies, center, and informs and guides staff on directs and coordinates information including health literacy, plain scientific matters; (2) ensures NCIPC resources management activities, the language, and CDC branding; (2) produces the highest quality, most production and distribution of technical executes web development for the useful, and most relevant science and nontechnical injury prevention and NCIPC intranet and provides technical possible; (3) leads the development of control publications and information, assistance and training to OD offices in research priorities for the center in and the conduct of health education and accessing and using NCIPC wiki for collaboration with divisions and offices; health promotion activities, and; (9) internal communication and (4) provides staff training on scientific supports the activities of the Secretary’s information sharing; (3) facilitates cross- topics, science policy, and regulations; (5) mentors scientists and fellows; (6) Advisory Committee for Injury division and cross-CIO coordination of manages scientific clearance for NCIPC; Prevention and Control. health communication activities, • Office of Policy and Partnerships (7) oversees and directs Institutional sharing of lessons learned, and (CUH12). (1) Advises NCIPC and CDC Review Board, Office of Management development of best practices; (4) leadership and staff on policy and Budget-Paperwork Reduction Act, and develops and manages relationships partnership issues relevant to NCIPC; (2) Confidentiality activities for the center; with a wide range of partners and conducts monitoring and analysis of (8) conducts peer review of intramural customers, including other PHS policy issues potentially affecting research and scientific programs; (9) agencies, Federal and State departments NCIPC and its constituents; (3) directs the center’s Open Data Access and agencies, and private organizations; coordinates partnership activities across policy and assures scientists follow (5) leads and oversees news media NCIPC; (4) engages in partnerships with CDC’s policies on data release and external organizations to meet mutual strategy and evaluation, including news sharing; (10) facilitates scientific goals; (5) identifies and defines response, media monitoring, proactive collaborations between external and emerging or cross-cutting long-term media engagement, media training, and internal investigators; (11) leads, policy issues and develops action plans long lead pitching; (6) leads digital manages, and oversees NCIPC’s external that support and advance action; (6) communication and marketing strategies advisory board; (12) leads Healthy manages issues proactively in order to and manages digital channels; (7) leads People Activities in partnership with minimize their negative effects, strategic planning for communications divisions and offices and coordinates, maximize their potential opportunities, and branding programs and projects for tracks, and assesses progress toward and avoid the need for crisis NCIPC and injury and violence issues; Healthy People objectives; (13) manages management; (7) oversees and (8) manages and coordinates clearance and coordinates Epidemic Intelligence coordinates performance-related of NCIPC print and non-print materials, Service Officer program and activities; activities for NCIPC; (8) provides ensuring adherence to and consistency (14) provides scientific leadership in the information for the development of with CDC and Department of Health and areas of extramural research supported NCIPC’s annual budget submission and Human Services (HHS) information and by NCIPC, National Center for supporting documents; (9) provides publication policies and guidelines; (9) Environmental Health (NCEH), and the liaison with staff offices and other oversees, manages, and executes CDC Agency for Toxic Substances and officials of CDC; (10) reviews, prepares, web and digital governance through Disease Registry (ATSDR); (15) and coordinates policy and briefing matrix management and work group promotes and prepares initiatives to documents, and; (11) leads and structures; (10) provides communication stimulate extramural research in coordinates the congressional strategy support to OD offices and technical relevant priority areas; (16) directs all and outreach as informed by NCIPC and assistance and training in accessing activities of the extramural research agency priorities. centralized communication systems program to address priorities for NCIPC, • Office of Program Management and available through CDC’s Office of the NCEH, and ATSDR in partnership with Operations (CUH13). (1) Coordinates Associate Director for Communications the division programs; (17) coordinates NCIPC-wide program, administrative, (OADC) and other offices; (11) provides and conducts pre-award activities for and management support services in the ongoing communication leadership and grant management, in-depth external areas of fiscal management, personnel, support to NCIPC’s Office of the primary and secondary peer review of travel, performance, FOIA, workforce Director and divisions in furthering the extramural research applications, planning, space, and other center’s mission to prevent violence and recommends award selections to administrative services; (2) coordinates unintentional injury and to reduce their divisions and center directors, and NCIPC requirements relating to consequences; (12) provides oversight manages post-award activities; (18) contracts, grants, cooperative and approval for CDC logo licensing ensures compliance with all regulations agreements, and reimbursable requests from external partner and policies governing extramural agreements; (3) manages annual budget organizations and involving NCIPC research programs, and; (19) formulation, budget justifications, and divisions and programs; (13) represents disseminates and evaluates extramural budget oversight; (4) develops and NCIPC on cross-CIO and external research progress, findings, and impact. implements financial and committees, workgroups, and at • Office of Strategy and Innovation administrative policies, procedures, and conferences relating to health (CUH18). (1) Provides strategic operations, as appropriate, for NCIPC, communication activities; (14) serves as leadership and coordination across a and prepares special reports and primary liaison between NCIPC and range of injury and violence topics with

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a focus on the NCIPC strategic priorities; program for the prevention and control private sector, and international (2) leads the advancement of innovative of violence and its consequences; (2) organizations, as appropriate. approaches to using data to inform plans, establishes, and evaluates • Office of the Director (CUHC1). (1) injury and violence prevention; (3) surveillance systems to monitor national Plans, directs, coordinates, and develops, in collaboration with trends in morbidity, mortality, evaluates the activities of the division; divisions and offices, the overall disabilities, and cost of violence-related (2) establishes and interprets policies strategic goals and objectives for NCIPC injuries and deaths, and facilitates the and determines program priorities; (3) and provides leadership to develop a development of surveillance systems by provides administrative, fiscal, and plan of action to achieve these goals and state and local agencies; (3) plans, technical support for division programs objectives; (4) identifies strategic directs, conducts, and supports research and units; (4) provides national opportunities to collaborate with other focused on the causes of violence and leadership and guidance in violence divisions/offices in NCIPC, CDC the development and evaluation of prevention and control program Centers, Institute, and Offices (CIOs), strategies to prevent and control planning, development, and evaluation; (5) provides leadership for developing PHS Agencies, and other federal violence-related injuries and deaths; (4) research in etiologic, epidemiologic, and departments and Agencies, and produces new, evidence-based scientific behavioral aspects of violence governmental and private organizations knowledge that informs policies, to advance injury and violence prevention and control to inform practice, and programs in the violence prevention; (5) identifies emerging or policies, practice, and programs; (6) field; (5) plans, conducts, supports, and cross-cutting injury and violence topics prepares and tracks responses and evaluates demonstration projects and and works with other divisions/offices coordinates provision of materials to support and advance action on them; programs to prevent and control requested by Congress and the HHS; (7) (6) participates with divisions and violence; (6) develops and disseminates prepares, tracks, and coordinates offices in NCIPC to establish research policies, recommendations, and controlled and general correspondence; priorities for the center, and; (7) ensures guidelines for the prevention of violence (8) assures multi-disciplinary NCIPC produces the highest quality, and its consequences; (7) proposes goals collaboration in violence prevention most useful, and most relevant science and objectives for linking health system and control activities; (9) collaborates possible. and violence control activities with with subject matter experts, program • Office of Informatics (CUH19). (1) public health activities, including and policy staff, develops and Reports all IT project costs, schedules, surveillance, prevention, health care, implements communication strategies, performances, and risks; (2) provides and rehabilitation of injury; (8) proposes campaigns, and plans to meet the needs expert consultation in application goals and objectives for national of division programs and mission; (10) development, information science, and violence prevention and control coordinates with the NCIPC Office of technology to affect the best use of programs, monitors progress toward Communication to execute and support resources; (3) performs technical these goals and objectives, and NCIPC- and CDC-wide communication evaluation and/or integrated baseline recommends and develops guidelines initiatives and policies; (11) develops reviews of all information systems’ for priority prevention and control tailored messages and materials to products and services prior to activities; (9) provides expertise in promote dissemination of scientific procurement to ensure software public health practice, surveillance, findings, evidence-based prevention purchases align with center strategy; (4) evaluation, and research for violence strategies, priority recommendations, coordinates all enterprise-wide IT prevention; (10) provides technical and guidelines through traditional security policies and procedures with assistance, consultation, training, and media outlets, social media, and other the Office of the Chief Information epidemiological, statistical, educational, channels; (12) provides consultation on Security Officer; (5) ensures operations and other technical services to assist international violence prevention and are in accordance with CDC Capital state and local health departments and control activities of the division; (13) Planning and Investment Control community-based organizations in the prepares, edits, and monitors clearance guidelines; (6) ensures adherence to planning, development, of manuscripts for publication in CDC enterprise architecture policies, implementation, evaluation, and overall scientific and technical journals and publications, including articles and guidelines, and standards; (7) consults improvement of violence prevention with divisions and offices to determine guidelines published in the Morbidity programs; (11) facilitates the IT needs and to develop strategic and and Mortality Weekly Report (MMWR), development and supports the action plans; (8) participates in the and other violence-related publications dissemination of research findings and evolution, identification, development, for the public, and; (14) in carrying out and/or adoption of appropriate transfer of violence prevention and the above functions, establishes linkages informatics standards in conjunction control technologies to federal, state, and collaborates, as appropriate, with with the Injury programs; (9) ensures and local agencies, private other divisions and Offices in NCIPC, coordination of data harmonization and organizations, and other national and with other CIOs throughout CDC, non- systems interoperability within the international groups; (12) sustains a governmental organizations; and with center and facilitates linkage to related public health infrastructure for violence national level prevention partners that CDC-wide strategies; (10) provides prevention at federal, state, local, and impact on violence prevention leadership in the center’s IRGB and tribal levels; (13) facilitates similar programs. coordination with CDC’s IRGC; (11) strategic planning activities by other • Surveillance Branch (CUHCB). (1) collaborates with other divisions/offices federal, state, and local agencies, Conducts national, state, and local in NCIPC, CIOs, PHS agencies, other academic institutions, and private and surveillance and surveys to identify new federal departments and agencies, other public organizations, and; (14) and to monitor recognized forms of universities, NGOs, and private collaborates with other divisions of violence and its consequences, analyzes organizations as appropriate. NCIPC, CDC Centers/Institutes/Offices, incidence and prevalence data, and • Division of Violence Prevention HHS agencies, other federal, state, and monitors trends in violence and its (CUHC). (1) Provides leadership in local departments and agencies, trajectory across the lifespan; (2) advises developing and executing a national academic institutions, and voluntary, the Office of the Director, in DVP and

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NCIPC, on the area of data and systems prevention strategies, policies, and improvement, and competence of management and on surveillance and interventions; (5) develops and personnel engaged in violence statistical analysis issues relevant to evaluates methodologies for conducting prevention and control research violence program planning and research evaluation; (6) contributes to practices; (9) applies the best available evaluation; (3) coordinates, manages, the research literature by publishing evidence from translational science and maintains and provides tabulations and regularly in peer-reviewed journals and continuous quality improvement to help maps from national surveillance CDC-sponsored publications that communities select, adopt, adapt, systems and other data sources that include, but are not limited to, etiology implement, disseminate, sustain, and contain national, state and local data on and evaluation research and syntheses; scale up programs, strategies, and violence-related morbidity, mortality (7) monitors activities of contracts, activities that will lead to successful and economic costs; (4) develops and cooperative agreements, and grants to violence prevention outcomes; (10) implements uniform definitions for ensure operational objectives are being works to reduce violence by supporting public health surveillance of various met; (8) serves as a resource, state and local violence prevention and forms of violence and related outcomes; collaborates, and provides technical control programs and promote the (5) provides leadership for the assistance in applying research and dissemination and application of development of surveillance research to evaluation results and techniques to the science into program practice in the inform policies, practice, and programs ongoing assessment and improvement of violence prevention field; (11) in the violence field; (6) provides expert violence prevention and control synthesizes and translates relevant consultation to federal, state, and local programs; (9) uses research findings to research, evaluation findings, evidence, health agencies on surveillance system develop new strategies, policies, and and trends and assures that design, implementation, and evaluation, interventions or improve the impact of communication and marketing and use of surveillance data to describe existing strategies, policies, and technologies are applied to the the burden of violence; (7) provides interventions to prevent and reduce development of practical tools, information on violence surveillance to violent behavior, its risk factors, and its products, trainings, and guidance that the scientific community and the consequences, and; (10) in carrying out enhances violence prevention programs, general public through regular the above functions, collaborates with strategies, and activities; (12) publication in peer-reviewed journals other components within NCIPC, CDC, communicates internally and externally and CDC publications as well as through PHS, and HHS and other federal the important work and progress of the presentations to professional agencies, national professional, staff, grantees, and partners; (13) plans, conferences and other stakeholder voluntary and philanthropic conducts, supports, and evaluates groups; (8) works with other branches to organizations, and international demonstration projects and programs to provide consultation, collaboration, and agencies. prevent and control violence; (14) to ensure the use of surveillance data to • Prevention Practices and proposes goals and objectives for inform research and prevention efforts, Translation Branch (CUHCD). (1) national violence prevention and and; (9) in carrying out the above Provides leadership and support in control programs, monitors progress functions, provides leadership and public health practice and the toward these goals and objectives, and collaborates with other divisions and application of science for maximal recommends and develops guidelines Offices in NCIPC, other CIOs throughout benefit of violence prevention for priority prevention and control CDC, and Federal, state, local, non- programmatic efforts; (2) plans, directs, activities; (15) provides national governmental, voluntary, and conducts, and supports program leadership and guidance in violence professional, organizations in all aspects evaluation of strategies, policies, and prevention and control program of surveillance of violence and its interventions to prevent violent planning, development, and evaluation; consequences. behavior and violence-related injuries (16) develops and manages liaison and • Research and Evaluation Branch and deaths; (3) monitors and evaluates collaborative relationships with (CUHCC). (1) Plans, directs, conducts, violence prevention programs and professional, community, international, and supports etiologic and policies, and disseminates findings to federal, and other voluntary agencies epidemiologic research focused on promote program accountability and involved in violence prevention causal factors, risk and protective program improvement; (4) promotes an activities, and; (17) in carrying out the factors, and psychosocial, cultural, and enhanced and sustained infrastructure above functions, provides leadership contextual determinants for violence for a public health approach to violence and collaborates with other divisions and its consequences; (2) plans, directs, prevention at state, local, and tribal and offices in NCIPC, other CIOs conducts, and supports applied research levels; (5) generates and moves practice throughout CDC, and federal, state, focused on the evaluation of strategies, based knowledge into program practice local, non-governmental, voluntary, policies, and interventions to prevent and research fields; (6) develops and professional, and international violent behavior and violence-related evaluates methodologies for conducting organizations in all aspects of public injuries and deaths; (3) evaluates the program evaluation; (7) identifies health practice as it relates to violence effectiveness and impact of violence findings, lessons learned, and evidence prevention. prevention interventions, strategies, from the field and collaborates with • Field Epidemiology and Prevention policies, and interventions as practiced internal and external partners to inform Branch (CUHCE). (1) Conducts or implemented by public health research, surveillance, and program international surveillance and surveys agencies and organizations at the evaluation that builds the evidence base to identify new and to monitor national/regional and state/local levels; for effective violence prevention; (8) recognized forms of violence associated (4) conducts research to examine the provides support, training, and risk factors and consequences, analyzes context, processes, and factors that technical assistance that applies sound incidence and prevalence data, and influence effective and efficient prevention principles and systematic monitors trends in violence and its dissemination/diffusion, uptake/ processes to enhance public health trajectory across the lifespan; (2) adoption, implementation, translation, practice, including program synthesizes and translates relevant and sustainability of violence development, implementation, research, evaluation findings, evidence,

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and trends, and assures that international organizations, as overall program performance, ensures communication and marketing appropriate on all aspects of violence scientific quality of activities, and technologies are applied to the surveillance. implements operational policies to development of practical tools, • Division of Injury Prevention advance the center and agency mission; products, trainings, and guidance that (CUHF). (1) Integrates injury prevention (4) collaborates with subject matter enhance international violence strategies with healthcare delivery; (2) experts, program, and policy staff to prevention programs, strategies, and develops and disseminates policies, develop strategic communication plans activities; (3) uses research findings to recommendations, and guidelines for that meet agency, enter, and division develop new strategies, policies, and the prevention of injury and its priorities; (5) develops, implements, and interventions or to improve the impact consequences; (3) develops and evaluates communication strategies, of existing strategies, policies, and implements evidence-based public campaigns, and materials to disseminate interventions to prevent and reduce health practices, policies, or programs data and scientific findings, evidence- violent behavior, its risk factors, and its that prevent or reduce unintentional based prevention strategies, priority consequences internationally; (4) serves and self-directed injuries; (4) identifies recommendations, programmatic as a resource, collaborates, and provides findings, lessons learned, and potential successes, and guidelines through technical assistance in applying best practices from the field and traditional and emerging research and evaluation results and collaborates with internal and external communication channels; (6) develops techniques to the ongoing assessment partners to conduct scientific and manages collaborative relationships and improvement of violence investigations to examine the context, with professional, community, processes, and factors that influence the prevention and control programs; (5) international, governmental, and other risk of injuries and successful provides information on violence non-governmental agencies, and tribal implementation of prevention strategies; surveillance to the scientific community nations to advance injury prevention (5) plans, establishes, and maintains and the general public through regular and control; (7) coordinates with the surveillance systems to monitor national publication in peer-reviewed journals NCIPC Office of Policy and Partnerships trends in morbidity, mortality, and CDC publications as well as through to identify and proactively manage disabilities, and cost of injuries and presentations to professional emerging policy issues; (8) advises facilitates the development of conferences and other stakeholder division staff on policy issues and surveillance systems by state and local groups; (6) disseminates scientific coordinates with staff to prepare agencies; (6) produces and disseminates briefing materials; (9) collaborates with findings, evidence-based prevention new scientific knowledge to inform strategies, and violence prevention other NCIPC divisions and offices and policies, practice, and programs in the other CIOs throughout CDC to guidelines through publication of injury field; (7) supports the research findings in professional effectively partner on critical injury development and enhancement of state, prevention programs; (10) prepares and journals and government reports, local, territorial, and tribal injury through participation in national and monitors clearance of manuscripts for prevention programs that integrate publication in scientific and technical international meetings, seminars, and evidence-based population health conferences, and through the journals and publications, including strategies, surveillance, and evaluation articles and guidelines published in the development of communication in collaboration with other public initiatives; (7) establishes and sustains MMWR and other publications for the health and non-public health sectors to public; (11) prepares, tracks, and partnerships with other CDC CIOs and promote injury control and prevention; coordinates responses to all inquiries other international federal and non- (8) provides expertise in statistics, from Congress, the public, and HHS, government partners to improve the computer programming, data science, and; (12) provides leadership for the health and safety of youth by linking economics, public health practice, development of research to inform systematic measurement of violence surveillance, evaluation, and research to policies, practice, and programs in the with multi-sectoral, effective, scalable, engage NCIPC and the injury prevention injury field. and sustainable actions to reduce community; (9) leads translation and • violence and its consequences; (8) dissemination of injury prevention and Applied Science Branch (CUHFB). leverages and applies science-based control research findings and injury (1) Plans and directs strategies to information to help organizations and data to federal, state, local, territorial, collect, analyze, and interpret scientific government agencies to develop, and tribal public health agencies, and findings from surveillance, behavioral, evaluate, and improve programs and public and private sector organizations and epidemiologic research activities for strategies to prevent violence-related with responsibilities and interests use in evaluating trends, setting injuries, health problems, and deaths; related to injury prevention; (10) priorities, and developing intervention (9) provides expert consultation and supports the development and strategies for injuries; (2) plans, directs, technical assistance, consultation, enhancement of public health conducts, and supports research to training, and epidemiological, infrastructure for injury prevention at assess environmental, social, behavioral, statistical, and other technical services federal, state, local, and tribal levels and other risk and protective factors and to assist international and local health through funding, workforce training, to develop and evaluate intervention entities in the planning, and outreach, and; (11) leads innovative activities to prevent and control implementation, application, data science activities to address injury injuries; (3) leads and coordinates a evaluation, and overall improvement of data and information needs and inform national program for the prevention and violence monitoring and violence research and prevention activities. control of non-occupational injuries that prevention programming, and; (10) in • Office of the Director (CUHF1). (1) occur at home and in the community in carrying out the above functions, Plans, directs, coordinates, and collaboration with federal, state, local, collaborates with other divisions of evaluates the activities of the division; territorial, and tribal agencies, and NCIPC, CIOs, HHS agencies, other (2) provides administrative, fiscal, and public and private sector organizations; federal, state, and local departments and technical support for division programs (4) provides leadership, research, and agencies, academic institutions, and and units; (3) leads division strategic expert consultation to federal, state, voluntary, private sector, and planning and priority setting; oversees local, territorial, tribal, and non-

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governmental partners in addressing prevention programs, strategies, and prevent drug use and overdose; (3) unintentional and self-directed injuries; activities. evaluates the effectiveness, costs, and (5) plans, directs, and supports • Data Analytics Branch (CUHFD). (1) impact of drug use and overdose-related epidemiological analysis, applied Plans, establishes, and maintains interventions, strategies, policies, and research, and demonstration projects to surveillance systems to monitor national programs as practiced or implemented advance the integration of injury and state-level trends in morbidity, by public health agencies and prevention strategies with healthcare mortality, disabilities, and costs of organizations at the federal, state, delivery; (6) provides technical injuries; (2) analyzes and translates data territorial, and local levels, including assistance to local, state, territorial, and into information that is disseminated to health systems and by law enforcement/ tribal agencies to advance the stakeholders for program planning, public safety; (4) identifies, develops, integration of surveillance and injury evaluation, and decision-making; (3) evaluates, and implements programs prevention strategies with healthcare collaborates with and advises other and informs policies or guidelines to delivery; (7) develops guidelines to divisions/offices in NCIPC, CDC CIOs, prevent drug use and overdose; (5) and external partners on traditional and reduce or mitigate the impact of injury facilitates the translation, emerging statistical, economic, as appropriate, and; (8) disseminates dissemination, and sustainability of surveillance, and data science methods; scientific findings, evidence-based practice- and research-tested findings (4) collaborates with the NCIPC Office of prevention strategies, and injury into widespread local, state, and Strategy and Innovation and the Office national public health and health prevention guidelines by publishing of Informatics, NCIPC divisions, and research findings in professional system practice to prevent drug use and other CDC CIOs to increase efficiencies overdose; (6) provides technical journals and government reports, in collection, management, and participating in national and assistance, consultation, training, and usability of injury and violence data; (5) capacity building to federal, state, and international meetings, seminars, and develops, maintains, and disseminates conferences, and developing local agencies, non-profit and tabulations and maps from national, international organizations, professional communication initiatives. state, and local data on injury associations, and medical providers to • Program Implementation and morbidity, mortality, economic costs, prevent drug use and overdoses; (7) Evaluation Branch (CUHFC). (1) and risk and protective factors through establishes and maintains relationships TM Coordinates and conducts research to CDC’s WISQARS (Web-based Injury across HHS, CDC, NCIPC and its examine the context, processes, and Statistics Query and Reporting system) partners, including state, territorial, and factors that influence effective and and other NCIPC online tools; (6) local public health agencies, other efficient adoption, implementation, develops, evaluates, and implements federal agencies, the healthcare sector, dissemination, and sustainability of innovative statistical, economic, policy professional organizations, and other injury prevention strategies, policies, research, computer programming, and constituents, including academic and interventions; (2) provides technical data science methods for application to institutions and international assistance in applying research and injury surveillance, research studies, organizations, that address drug use and evaluation to the ongoing assessment and program planning, and evaluation; overdose prevention, and; (8) develops and improvement of injury prevention (7) leads and collaborates with other or is actively involved in the and control programs; (3) supports scientists on epidemiologic studies and development of drug use and overdose training and outreach to increase the statistical and economic analyses and prevention educational materials, provides technical advice in the areas of number and competence of personnel training courses, tools, and other study design, sampling, and the engaged in injury prevention and communication materials, as collection, management, analysis, and control research and practices; (4) works appropriate, based on identified needs interpretation of injury and economic with local, state, territorial, and tribal of stakeholders. data; (8) produces high quality public health programs to advance the • statistical, economic, and policy reports, Office of the Director (CUHG1). (1) use of surveillance, effective injury publications, and presentations for Plans, directs, and evaluates the prevention strategies, and ongoing dissemination, and; (9) leads and activities of the division; (2) provides quality improvement activities for coordinates with the NCIPC Office of cross-cutting leadership and guidance in program planning and implementation the Director and other divisions on policy formation and program planning, to decrease the burden of injury; (5) innovative pilot projects and scaling up development, implementation and collaborates with internal and external promising strategies to utilize non- evaluation for drug use and overdose partners to disseminate effective injury traditional datasets and novel methods prevention; (3) provides over-arching prevention strategies; (6) develops and for data collection and analysis in personnel, operational, administrative, evaluates methodologies for conducting public health. fiscal, and technical support for division program evaluation; (7) works to • Division of Overdose Prevention programs and units; (4) assures multi- generate practice-informed research and (CUHG). (1) Plans, establishes, disciplinary collaboration in drug use synthesize research findings for program evaluates, uses, and collaborates on and overdose prevention activities; (5) application; (8) monitors and evaluates surveillance systems to monitor local, provides leadership for developing programs and policies and disseminates state, and national trends in morbidity, research in etiologic, epidemiologic, and findings to promote program mortality, risk and protective factors, behavioral aspects of drug use and accountability and program and costs related to drug use and overdose prevention, and for improvement; (9) promotes an enhanced overdose and evaluates the effectiveness coordinating division activities with and sustained infrastructure for a public of prevention strategies; (2) plans, others involved in related-work across health approach to injury and violence directs, conducts, and supports research NCIPC, CDC, HHS, and other prevention at state, local, territorial and focused on the causes, risks, and stakeholders; (6) prepares, edits, and tribal levels, and; (10) translates relevant protective factors associated with drug monitors policy review and general research, evaluation findings, and other use and overdose and identifies clearance of manuscripts for publication evidence into practical tools, products, strategies at the federal, state, and local in peer-reviewed scientific and and guidance that enhances injury level, as well as in health systems, to technical journals, including articles

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and guidelines published in the in morbidity, mortality, and costs health prevention efforts to reduce or MMWR, as well as communication related to drug use and overdose; (2) mitigate the impact of overdoses and products for a variety of audiences; (7) develops and implements uniform related harms; (2) develops, prepares, tracks, and coordinates definitions for public health implements, evaluates, and translates controlled and general correspondence; surveillance of various overdose clinical guidelines and other materials (8) prepares responses and coordinates outcomes; (3) prepares routine for clinicians and health systems to provision of materials requested by surveillance reports of national, state, reduce or mitigate the impact of center and agency leadership, Congress, and local trends in drug use and overdoses and related harms; (3) and HHS; (9) Plans, develops, conducts, overdose risk factors, behaviors, collaborates with state, territorial, and and evaluates cross-cutting outcomes, and disparities, which local health departments to integrate communication projects and campaigns includes the mapping of geographic applied research and evaluation to inform the media, health variations; (4) uses surveillance systems findings, as well as quality professionals, the public, and others to monitor overdoses and poisonings to improvement initiatives within health about drug use and overdose create incidence rates to inform systems; (4) provides expert prevention; (10) provides media, prevention programs and provide data consultation to federal, state, local, and communication, and marketing support for planning in the community and in international health agencies on applied to the division; (11) serves as primary health systems; (5) develops, designs, research, evaluation, and health system liaison between the division and implements, and evaluates innovative implementation strategies; (5) provides relevant NCIPC Office of the Director, in surveillance strategies or systems that scientific technical assistance to health the areas of communication, policy/ address gaps in existing CDC systems, states, and localities to increase partnership, science, administration/ surveillance systems in collaboration their capacity to develop, implement, operations, informatics, and strategy/ with colleagues in NCIPC and other and evaluate system-level overdose innovation; (12) designs, develops, and CIOs for application to overdose prevention programs; (6) develops, coordinates the publication of print and surveillance, epidemiologic studies, implements, and evaluates tools and audiovisual materials such as fact program evaluation, and programmatic resources for use in electronic health sheets, newsletters, speeches and activities; (6) plans and directs strategies records and health IT systems to address presentations, exhibits, social media to collect, analyze, and interpret overdoses and helps support data messages, press releases, media scientific findings from surveillance, integration across data systems; (7) advisories, and educational videos; (13) behavioral, and epidemiologic research contributes to the research literature, by develops and evaluates messages, activities for use in evaluating trends, publishing regularly in peer-reviewed materials and health communication setting priorities, and developing journals and CDC-sponsored products to promote and disseminate intervention strategies for overdose publications on topics that include, but scientific findings, evidence-based prevention; (7) prepares epidemiologic are not limited to, programmatic, prevention strategies, priority and scientific papers for publication in evaluation, health systems, or recommendations, and guidelines the peer-reviewed literature and for community based strategies, and; (8) through various platforms; (14) presentation at scientific and supports dissemination of research, coordinates with NCIPC Office of professional conferences; (8) proposes evaluation, translation, and program Communication to execute and support and serves as technical advisors and implementation to federal, state, and NCIPC- and CDC-wide communication project officers for epidemiologic local health agencies, public and private initiatives and policies related to activities with state and local entities; sector organizations, and other national overdose prevention; (15) coordinates (9) plans and conducts research projects and international groups with with NCIPC Office of Policy and that fill gaps in surveillance and responsibilities and interests related to Partnerships to execute and support investigates emerging and novel drug overdose prevention. NCIPC- and CDC-wide policy and overdose threats, including toxicology; • Prevention Programs and partner related initiatives related to (10) serves as scientific and technical Evaluation Branch (CUHGD). (1) overdose prevention; (16) collaborates experts in drug overdose epidemiology Provides programmatic leadership and with the Extramural Research Program and surveillance methodology to state support for drug use and overdose Office on extramural research, policies, and local health departments and to prevention activities in states, and procedures including peer review; advisory groups at the national/ territories, and local jurisdictions; (2) (17) implements policies and international level; (11) supports provides technical assistance and procedures related to human subjects training to increase the number and project officer support to grantees on research protections, paperwork competence of personnel engaged in implementation of evidence- and reduction act regulations, federal overdose epidemiology and practice-based interventions with the advisory committee act regulations, data surveillance, and; (12) prepares and greatest reach and impact in states, sharing policies, and scientific produces high quality reports, territories, and local jurisdictions, authorship and misconduct; (18) publications, and other material for including sustaining and scaling up supports scientific training information presentation and programs, strategies, and activities over opportunities, including the EIS training dissemination by NCIPC staff to a wide- time in collaboration with public safety/ program, and; (19) collaborates, as variety of stakeholders. law enforcement and other stakeholders; appropriate, with non-governmental • Health Systems and Research (3) generates and promotes adaptation organizations, academic institutions, Branch (CUHGC). (1) Supports and adoption of novel evidence-based philanthropic foundations, and other evaluation, applied research, and strategies to prevent drug use and stakeholders to achieve the mission of demonstration projects to determine the overdose, including addressing the division. effectiveness of an intervention, vulnerable populations; (4) leverages • Epidemiology and Surveillance improve the effectiveness of healthcare epidemiology and surveillance data Branch (CUHGB). (1) Plans, establishes, systems, and to support the about drug overdose morbidity, and evaluates surveillance systems to understanding of how health systems mortality, and risk and protective monitor national, state, and local trends can best be integrated with public factors to inform, tailor, and evolve

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prevention strategies across the life ACTION: Notice. manner detailed (see ‘‘Written/Paper course; (5) monitors and evaluates the Submissions’’ and ‘‘Instructions’’). outcomes of division investments in SUMMARY: The Food and Drug Written/Paper Submissions states, territories, and local jurisdictions Administration (FDA or Agency) is using rigorous evaluation methods and announcing an opportunity for public Submit written/paper submissions as widely disseminates findings to comment on the proposed collection of follows: • improve programmatic activities; (6) certain information by the Agency. Mail/Hand Delivery/Courier (for publishes the findings of programmatic Under the Paperwork Reduction Act of written/paper submissions): Dockets evaluations in the peer-reviewed 1995 (PRA), Federal Agencies are Management Staff (HFA–305), Food and literature and other reports and required to publish notice in the Drug Administration, 5630 Fishers participate in scientific and professional Federal Register concerning each Lane, Rm. 1061, Rockville, MD 20852. proposed collection of information, • conferences; (7) serves as a resource, For written/paper comments including each proposed extension of an collaborates, and provides submitted to the Dockets Management existing collection of information, and comprehensive technical assistance and Staff, FDA will post your comment, as to allow 60 days for public comment in well as any attachments, except for training to states, territories, local response to the notice. This notice information submitted, marked and jurisdictions and other partners to solicits comments on electronic drug identified, as confidential, if submitted reduce drug use and overdose; (8) product reporting for human drug as detailed in ‘‘Instructions.’’ synthesizes relevant research, compounding outsourcing facilities Instructions: All submissions received evaluation findings, evidence, and under section 503B of the Federal Food, must include the Docket No. FDA– trends to develop practical guidance Drug, and Cosmetic Act (FD&C Act). 2013–N–1428 for ‘‘Agency Information and resources that enhance overdose DATES: Collection Activities; Proposed prevention programs, strategies, and Submit either electronic or written comments on the collection of Collection; Comment Request; Guidance activities; (9) uses research findings to for Industry on Electronic Drug Product develop new strategies, policies, and information by September 16, 2019. ADDRESSES: You may submit comments Reporting for Human Drug interventions or to improve the impact Compounding Outsourcing Facilities of existing strategies, policies, and as follows. Please note that late, untimely filed comments will not be Under Section 503B of the Federal interventions to prevent and reduce Food, Drug, and Cosmetic Act.’’ overdose, its risk factors, and its considered. Electronic comments must be submitted on or before September 16, Received comments, those filed in a consequences; (10) collaborates with timely manner (see ADDRESSES), will be state, territorial, and local jurisdictions, 2019. The https://www.regulations.gov electronic filing system will accept placed in the docket and, except for public safety/law enforcement, and those submitted as ‘‘Confidential other partners to use data to drive comments until 11:59 p.m. Eastern Time at the end of September 16, 2019. Submissions,’’ publicly viewable at decision-making and action, and; (11) https://www.regulations.gov or at the provides direct support to states, Comments received by mail/hand delivery/courier (for written/paper Dockets Management Staff between 9 territories, and local jurisdictions to a.m. and 4 p.m., Monday through prevent drug use and overdose. submissions) will be considered timely if they are postmarked or the delivery Friday. IV. Delegations of Authority: All • Confidential Submissions—To delegations and redelegations of service acceptance receipt is on or before that date. submit a comment with confidential authority made to officials and information that you do not wish to be employees of affected organizational Electronic Submissions made publicly available, submit your components will continue in them or Submit electronic comments in the comments only as a written/paper their successors pending further following way: submission. You should submit two redelegation, provided they are • Federal eRulemaking Portal: copies total. One copy will include the consistent with this reorganization. https://www.regulations.gov. Follow the information you claim to be confidential (Authority: 44 U.S.C. 3101) instructions for submitting comments. with a heading or cover note that states Comments submitted electronically, ‘‘THIS DOCUMENT CONTAINS Alex M. Azar II, including attachments, to https:// CONFIDENTIAL INFORMATION.’’ The Secretary. www.regulations.gov will be posted to Agency will review this copy, including [FR Doc. 2019–15169 Filed 7–16–19; 8:45 am] the docket unchanged. Because your the claimed confidential information, in BILLING CODE 4160–18–P comment will be made public, you are its consideration of comments. The solely responsible for ensuring that your second copy, which will have the comment does not include any claimed confidential information DEPARTMENT OF HEALTH AND confidential information that you or a redacted/blacked out, will be available HUMAN SERVICES third party may not wish to be posted, for public viewing and posted on https://www.regulations.gov. Submit Food and Drug Administration such as medical information, your or anyone else’s Social Security number, or both copies to the Dockets Management confidential business information, such Staff. If you do not wish your name and [Docket No. FDA–2013–N–1428] as a manufacturing process. Please note contact information to be made publicly Agency Information Collection that if you include your name, contact available, you can provide this Activities; Proposed Collection; information, or other information that information on the cover sheet and not Comment Request; Electronic Drug identifies you in the body of your in the body of your comments and you Product Reporting for Human Drug comments, that information will be must identify this information as posted on https://www.regulations.gov. ‘‘confidential.’’ Any information marked Compounding Outsourcing Facilities • Under Section 503B of the Federal If you want to submit a comment as ‘‘confidential’’ will not be disclosed Food, Drug, and Cosmetic Act with confidential information that you except in accordance with 21 CFR 10.20 do not wish to be made available to the and other applicable disclosure law. For AGENCY: Food and Drug Administration, public, submit the comment as a more information about FDA’s posting HHS. written/paper submission and in the of comments to public dockets, see 80

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FR 56469, September 18, 2015, or access respondents, including through the use the consequences of outsourcing the information at: https://www.gpo.gov/ of automated collection techniques, facilities’ failure to submit reports. fdsys/pkg/FR-2015-09-18/pdf/2015- when appropriate, and other forms of Based on current data for outsourcing 23389.pdf. information technology. facilities, we estimate that 75 Docket: For access to the docket to Electronic Drug Product Reporting for outsourcing facilities will submit an read background documents or the Human Drug Compounding initial report identifying all drugs electronic and written/paper comments Outsourcing Facilities Under Section compounded in the facility in the received, go to https:// 503B of the Federal Food, Drug, and previous six months. For the purposes www.regulations.gov and insert the Cosmetic Act of this estimate, each product’s docket number, found in brackets in the structured product labeling (SPL) heading of this document, into the OMB Control Number 0910–0827— submission is considered a separate ‘‘Search’’ box and follow the prompts Extension response, and therefore each facility’s and/or go to the Dockets Management The Drug Quality and Security Act product report will include multiple Staff, 5630 Fishers Lane, Rm. 1061, added section 503B to the FD&C Act (21 responses. Taking into account that a Rockville, MD 20852. U.S.C. 353b) creating a category of particular product that is compounded FOR FURTHER INFORMATION CONTACT: entities called ‘‘outsourcing facilities.’’ into different strengths from different Domini Bean, Office of Operations, Outsourcing facilities, as defined in sources of active ingredient can be Food and Drug Administration, Three section 503B(d)(4) of the FD&C Act, are reported in a single SPL response, we White Flint North, 10A–12M, 11601 facilities that must meet all the estimate that each facility will average Landsdown St., North Bethesda, MD requirements described in section 503B, 76 products. Our estimate is based on 20852, 301–796–5733, PRAStaff@ including registering with FDA as an current product reporting data. fda.hhs.gov. outsourcing facility and submitting We expect each product report will regular reports identifying the drugs SUPPLEMENTARY INFORMATION: Under the consist of multiple SPL responses per compounded by the outsourcing facility PRA (44 U.S.C. 3501–3520), Federal facility and estimate that preparing and during the previous six-month period. Agencies must obtain approval from the submitting this information The first of these reports must be Office of Management and Budget electronically may take up to 2 hours for submitted upon initial registration as an each initial SPL response. We also (OMB) for each collection of outsourcing facility. Thereafter, information they conduct or sponsor. estimate that the 75 registered semiannual product reports must be outsourcing facilities will submit a ‘‘Collection of information’’ is defined submitted, once during the month of in 44 U.S.C. 3502(3) and 5 CFR report twice each year identifying all June and once during the month of drugs compounded at the facility in the 1320.3(c) and includes Agency requests December, for as long as an or requirements that members of the previous six months. establishment remains registered as an As stated above, we estimate on public submit reports, keep records, or outsourcing facility. provide information to a third party. average 76 SPL responses per facility In addition, drug products and that preparing and submitting this Section 3506(c)(2)(A) of the PRA (44 compounded in an outsourcing facility information electronically will take U.S.C. 3506(c)(2)(A)) requires Federal can qualify for exemptions from the approximately 30 minutes per response. Agencies to provide a 60-day notice in FDA approval requirements in section We have reduced our burden estimate the Federal Register concerning each 505 of the FD&C Act (21 U.S.C. 355) and for semiannual product submissions proposed collection of information, the requirement to label products with since outsourcing facilities can save including each proposed extension of an adequate directions for use under each SPL response once initially created existing collection of information, section 502(f)(1) of the FD&C Act (21 and submitted. For subsequent reports, before submitting the collection to OMB U.S.C. 352(f)(1)) if the requirements in an outsourcing facility may resubmit the for approval. To comply with this section 503B are met. requirement, FDA is publishing notice To help respondents understand the same file(s) after changing the RootID of the proposed collection of statutory requirements, how we and version number (both SPL information set forth in this document. interpret them, and the associated metadata), effective date (to identify the With respect to the following information collection, we developed reporting period), and the number of collection of information, FDA invites the guidance document entitled, units produced, along with other data as comments on these topics: (1) Whether ‘‘Guidance for Industry; Electronic Drug appropriate, to appropriate values for the proposed collection of information Product Reporting for Human Drug the reporting period. Furthermore, if a is necessary for the proper performance Compounding Outsourcing Facilities product was not compounded during a of FDA’s functions, including whether Under Section 503B of the Federal particular reporting period, no SPL the information will have practical Food, Drug, and Cosmetic Act.’’ The response needs be sent for that product utility; (2) the accuracy of FDA’s guidance explains that, once an entity during that reporting period. estimate of the burden of the proposed has elected to register as an outsourcing We expect to receive no more than collection of information, including the facility, it must submit reports one waiver request, each, from the validity of the methodology and identifying the drugs compounded by electronic submission process for initial assumptions used; (3) ways to enhance the outsourcing facility. The guidance product reports and semiannual reports, the quality, utility, and clarity of the also communicates who must report, the and that each waiver request will take information to be collected; and (4) format of the report, the content to 1 hour to prepare and submit. ways to minimize the burden of the include in each report, when to report, We therefore estimate the burden of collection of information on how reports are submitted to FDA, and the information collection as follows:

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Product reporting for compounding outsourcing facilities Number of responses per Total annual burden per Total hours respondents respondent responses response

Initial product reports ...... 75 1.01 76 2 152 Waiver request from electronic submission of initial product reports...... 1 1 1 1 1 June product reports ...... 75 1.01 76 .5 38 December product reports ...... 75 1.01 76 .5 38 Waiver request from electronic submission of product reports ...... 1 1 1 1 1

Total ...... 230 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on submissions we have ADDRESSES: You may submit comments • Mail/Hand Delivery/Courier (for received, we have reduced the number as follows. Please note that late, written/paper submissions): Dockets of responses significantly since our untimely filed comments will not be Management Staff (HFA–305), Food and original estimate establishing the considered. Electronic comments must Drug Administration, 5630 Fishers collection. This results in an overall be submitted on or before September 16, Lane, Rm. 1061, Rockville, MD 20852. reduction to the information collection 2019. The https://www.regulations.gov • For written/paper comments by 36,072 hours. electronic filing system will accept submitted to the Dockets Management Staff, FDA will post your comment, as Dated: July 9, 2019. comments until 11:59 p.m. Eastern Time well as any attachments, except for Lowell J. Schiller, at the end of September 16, 2019. Comments received by mail/hand information submitted, marked and Principal Associate Commissioner for Policy. delivery/courier (for written/paper identified, as confidential, if submitted [FR Doc. 2019–15124 Filed 7–16–19; 8:45 am] submissions) will be considered timely as detailed in ‘‘Instructions.’’ BILLING CODE 4164–01–P if they are postmarked or the delivery Instructions: All submissions received service acceptance receipt is on or must include the Docket No. FDA– before that date. 2016–N–3586 for ‘‘Agency Information DEPARTMENT OF HEALTH AND Collection Activities; Proposed HUMAN SERVICES Electronic Submissions Collection; Comment Request; Focus Groups About Drug Products as Used by Food and Drug Administration Submit electronic comments in the following way: the Food and Drug Administration.’’ • Received comments, those filed in a [Docket No. FDA–2016–N–3586] Federal eRulemaking Portal: timely manner (see ADDRESSES), will be https://www.regulations.gov. Follow the placed in the docket and, except for Agency Information Collection instructions for submitting comments. those submitted as ‘‘Confidential Activities; Proposed Collection; Comments submitted electronically, Submissions,’’ publicly viewable at Comment Request; Focus Groups including attachments, to https:// https://www.regulations.gov or at the About Drug Products as Used by the www.regulations.gov will be posted to Dockets Management Staff between 9 Food and Drug Administration the docket unchanged. Because your a.m. and 4 p.m., Monday through comment will be made public, you are Friday. AGENCY: Food and Drug Administration, solely responsible for ensuring that your • Confidential Submissions—To HHS. comment does not include any submit a comment with confidential ACTION: Notice. confidential information that you or a information that you do not wish to be third party may not wish to be posted, made publicly available, submit your SUMMARY: The Food and Drug such as medical information, your or comments only as a written/paper Administration (FDA, Agency, or we) is anyone else’s Social Security number, or submission. You should submit two announcing an opportunity for public confidential business information, such copies total. One copy will include the comment on the proposed collection of as a manufacturing process. Please note information you claim to be confidential certain information by the Agency. that if you include your name, contact with a heading or cover note that states Under the Paperwork Reduction Act of information, or other information that ‘‘THIS DOCUMENT CONTAINS 1995 (PRA), Federal Agencies are identifies you in the body of your CONFIDENTIAL INFORMATION.’’ The required to publish notice in the comments, that information will be Agency will review this copy, including Federal Register concerning each posted on https://www.regulations.gov. the claimed confidential information, in proposed collection of information, • If you want to submit a comment its consideration of comments. The including each proposed extension of an with confidential information that you second copy, which will have the existing collection of information, and do not wish to be made available to the claimed confidential information to allow 60 days for public comment in public, submit the comment as a redacted/blacked out, will be available response to the notice. This notice written/paper submission and in the for public viewing and posted on solicits comments on the information manner detailed (see ‘‘Written/Paper https://www.regulations.gov. Submit collection resulting from focus groups Submissions’’ and ‘‘Instructions’’). both copies to the Dockets Management about drug products as used by FDA. Written/Paper Submissions Staff. If you do not wish your name and DATES: Submit either electronic or contact information to be made publicly written comments on the collection of Submit written/paper submissions as available, you can provide this information by September 16, 2019. follows: information on the cover sheet and not

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in the body of your comments and you Agencies to provide a 60-day notice in specific topic and, as a qualitative must identify this information as the Federal Register concerning each research tool, have three major ‘‘confidential.’’ Any information marked proposed collection of information, purposes: as ‘‘confidential’’ will not be disclosed including each proposed extension of an • To obtain information that is useful except in accordance with 21 CFR 10.20 existing collection of information, for developing variables and measures and other applicable disclosure law. For before submitting the collection to OMB for quantitative studies; more information about FDA’s posting for approval. To comply with this • To better understand people’s of comments to public dockets, see 80 requirement, FDA is publishing notice attitudes and emotions in response to FR 56469, September 18, 2015, or access of the proposed collection of topics and concepts; and the information at: https://www.gpo.gov/ information set forth in this document. • fdsys/pkg/FR-2015-09-18/pdf/2015- With respect to the following To further explore findings 23389.pdf. collection of information, FDA invites obtained from quantitative studies. Docket: For access to the docket to comments on these topics: (1) Whether We use information gathered from read background documents or the the proposed collection of information focus group findings to test and refine electronic and written/paper comments is necessary for the proper performance ideas and to help develop messages and received, go to https:// of FDA’s functions, including whether other communications, but will www.regulations.gov and insert the the information will have practical generally conduct further research docket number, found in brackets in the utility; (2) the accuracy of FDA’s before making important decisions such heading of this document, into the estimate of the burden of the proposed as adopting new policies and allocating ‘‘Search’’ box and follow the prompts collection of information, including the or redirecting significant resources to and/or go to the Dockets Management validity of the methodology and support these policies. Staff, 5630 Fishers Lane, Rm. 1061, assumptions used; (3) ways to enhance Our Center for Drug Evaluation and Rockville, MD 20852. the quality, utility, and clarity of the Research, as well as other Agency FOR FURTHER INFORMATION CONTACT: Ila information to be collected; and (4) components, engage focus groups about S. Mizrachi, Office of Operations, Food ways to minimize the burden of the regulated drug products on a variety of and Drug Administration, Three White collection of information on topics related to consumer, patient, or Flint North, 10A–12M, 11601 respondents, including through the use healthcare professional perceptions and Landsdown St., North Bethesda, MD of automated collection techniques, use of drug products and related 20852, 301–796–7726, PRAStaff@ when appropriate, and other forms of materials. These materials may include, fda.hhs.gov. information technology. but are not limited to direct-to- SUPPLEMENTARY INFORMATION: Under the Focus Groups About Drug Products as consumer prescription drug promotion, PRA (44 U.S.C. 3501–3520), Federal Used by the Food and Drug physician labeling of prescription drugs, Agencies must obtain approval from the Administration medication guides, over-the-counter Office of Management and Budget drug labeling, emerging risk (OMB) for each collection of OMB Control Number 0910–0677— communications, patient labeling, information they conduct or sponsor. Extension online sales of medical products, and ‘‘Collection of information’’ is defined Focus groups provide an important consumer and professional education. in 44 U.S.C. 3502(3) and 5 CFR role in gathering information because Annually, we project that 20 studies 1320.3(c) and includes Agency requests they allow for a more indepth will be initiated using 160 focus groups or requirements that members of the understanding of individuals’ attitudes, with an average of 9 persons per group. public submit reports, keep records, or beliefs, motivations, and feelings than We assume each focus group will last an provide information to a third party. do quantitative studies. Focus groups average of 1.75 hours. We estimate the Section 3506(c)(2)(A) of the PRA (44 serve the narrowly defined need for burden for the information collection as U.S.C. 3506(c)(2)(A)) requires Federal direct and informal opinion on a follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Focus Group Study ...... 1,440 1 1,440 1.75 2,520 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on a review of the information OMB approval, we have made no Dated: July 10, 2019. collection since our last request for adjustments to our burden estimate. Lowell J. Schiller, Principal Associate Commissioner for Policy. [FR Doc. 2019–15150 Filed 7–16–19; 8:45 am] BILLING CODE 4164–01–P

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DEPARTMENT OF HEALTH AND the docket unchanged. Because your its consideration of comments. The HUMAN SERVICES comment will be made public, you are second copy, which will have the solely responsible for ensuring that your claimed confidential information Food and Drug Administration comment does not include any redacted/blacked out, will be available confidential information that you or a [Docket No. FDA–2009–N–0380] for public viewing and posted on third party may not wish to be posted, https://www.regulations.gov. Submit Agency Information Collection such as medical information, your or both copies to the Dockets Management Activities; Proposed Collection; anyone else’s Social Security number, or Staff. If you do not wish your name and Comment Request; Product confidential business information, such contact information to be made publicly Jurisdiction: Assignment of Agency as a manufacturing process. Please note available, you can provide this Component for Review of Premarket that if you include your name, contact information on the cover sheet and not Applications information, or other information that in the body of your comments and you identifies you in the body of your must identify this information as AGENCY: Food and Drug Administration, comments, that information will be ‘‘confidential.’’ Any information marked HHS. posted on https://www.regulations.gov. as ‘‘confidential’’ will not be disclosed • ACTION: Notice. If you want to submit a comment except in accordance with 21 CFR 10.20 with confidential information that you and other applicable disclosure law. For SUMMARY: The Food and Drug do not wish to be made available to the more information about FDA’s posting Administration (FDA or Agency) is public, submit the comment as a of comments to public dockets, see 80 announcing an opportunity for public written/paper submission and in the FR 56469, September 18, 2015, or access comment on the proposed collection of manner detailed (see ‘‘Written/Paper the information at: https://www.gpo.gov/ certain information by the Agency. Submissions’’ and ‘‘Instructions’’). fdsys/pkg/FR-2015-09-18/pdf/2015- Under the Paperwork Reduction Act of Written/Paper Submissions 23389.pdf. 1995 (PRA), Federal Agencies are required to publish notice in the Submit written/paper submissions as Docket: For access to the docket to Federal Register concerning each follows: read background documents or the proposed collection of information, • Mail/Hand Delivery/Courier (for electronic and written/paper comments including each proposed extension of an written/paper submissions): Dockets received, go to https:// existing collection of information, and Management Staff (HFA–305), Food and www.regulations.gov and insert the to allow 60 days for public comment in Drug Administration, 5630 Fishers docket number, found in brackets in the response to the notice. This notice Lane, Rm. 1061, Rockville, MD 20852. heading of this document, into the • solicits comments on the procedure by For written/paper comments ‘‘Search’’ box and follow the prompts which an applicant may obtain an submitted to the Dockets Management and/or go to the Dockets Management assignment or designation Staff, FDA will post your comment, as Staff, 5630 Fishers Lane, Rm. 1061, determination for combination well as any attachments, except for Rockville, MD 20852. products. information submitted, marked and identified, as confidential, if submitted FOR FURTHER INFORMATION CONTACT: DATES: Submit either electronic or as detailed in ‘‘Instructions.’’ Amber Sanford, Office of Operations, written comments on the collection of Instructions: All submissions received Food and Drug Administration, Three information by September 16, 2019. must include the Docket No. FDA– White Flint North, 10A–12M, 11601 ADDRESSES: You may submit comments 2009–N–0380 for ‘‘Product Jurisdiction: Landsdown St., North Bethesda, MD as follows. Please note that late, Assignment of Agency Component for 20852, 301–796–8867, PRAStaff@ untimely filed comments will not be Review of Premarket Applications.’’ fda.hhs.gov. considered. Electronic comments must Received comments, those filed in a be submitted on or before September 16, timely manner (see ADDRESSES), will be SUPPLEMENTARY INFORMATION: Under the 2019. The https://www.regulations.gov placed in the docket and, except for PRA (44 U.S.C. 3501–3520), Federal electronic filing system will accept those submitted as ‘‘Confidential Agencies must obtain approval from the comments until 11:59 p.m. Eastern Time Submissions,’’ publicly viewable at Office of Management and Budget at the end of September 16, 2019. https://www.regulations.gov or at the (OMB) for each collection of Comments received by mail/hand Dockets Management Staff between 9 information they conduct or sponsor. delivery/courier (for written/paper a.m. and 4 p.m., Monday through ‘‘Collection of information’’ is defined submissions) will be considered timely Friday. in 44 U.S.C. 3502(3) and 5 CFR if they are postmarked or the delivery • Confidential Submissions—To 1320.3(c) and includes Agency requests service acceptance receipt is on or submit a comment with confidential or requirements that members of the before that date. information that you do not wish to be public submit reports, keep records, or made publicly available, submit your provide information to a third party. Electronic Submissions comments only as a written/paper Section 3506(c)(2)(A) of the PRA (44 Submit electronic comments in the submission. You should submit two U.S.C. 3506(c)(2)(A)) requires Federal following way: copies total. One copy will include the Agencies to provide a 60-day notice in • Federal eRulemaking Portal: information you claim to be confidential the Federal Register concerning each https://www.regulations.gov. Follow the with a heading or cover note that states proposed collection of information, instructions for submitting comments. ‘‘THIS DOCUMENT CONTAINS including each proposed extension of an Comments submitted electronically, CONFIDENTIAL INFORMATION.’’ The existing collection of information, including attachments, to https:// Agency will review this copy, including before submitting the collection to OMB www.regulations.gov will be posted to the claimed confidential information, in for approval. To comply with this

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requirement, FDA is publishing notice Product Jurisdiction: Assignment of determining which Agency component of the proposed collection of Agency Component for Review of is designated to have primary information set forth in this document. Premarket Applications—21 CFR Part 3 jurisdiction for any drug, device, or With respect to the following OMB Control Number 0910–0523— biological product where such collection of information, FDA invites Extension jurisdiction is unclear or in dispute. comments on these topics: (1) Whether This regulation relates to Agency The regulation establishes a the proposed collection of information management and organization and has procedure by which an applicant may is necessary for the proper performance two purposes. The first is to implement obtain an assignment or designation of FDA’s functions, including whether section 503(g) of the Federal Food, Drug, determination. The regulation requires the information will have practical and Cosmetic Act (21 U.S.C. 353(g)), as that the request include the identity of utility; (2) the accuracy of FDA’s added by the Safe Medical Devices Act the applicant, a comprehensive estimate of the burden of the proposed of 1990 (Pub. L. 101–629), and amended description of the product and its collection of information, including the by the Medical Device User Fee and proposed use, and the applicant’s validity of the methodology and Modernization Act of 2002 (Pub. L. 107– recommendation as to which Agency assumptions used; (3) ways to enhance 250), by specifying how FDA will component should have primary the quality, utility, and clarity of the determine the organizational component jurisdiction, with an accompanying information to be collected; and (4) within FDA assigned to have primary statement of reasons. The information ways to minimize the burden of the jurisdiction for the premarket review submitted would be used by FDA as the basis for making the assignment or collection of information on and regulation of products that are designation decision. Most information respondents, including through the use comprised of any combination of: (1) A required by the regulation is already of automated collection techniques, drug and a device; (2) a device and a biological product; (3) a biological required for premarket applications when appropriate, and other forms of product and a drug; or (4) a drug, a affecting drugs, devices, biological information technology. device, and a biological product. The products and combination products. second purpose of this regulation is to The respondents will be businesses or enhance the efficiency of Agency other for-profit organizations. FDA management and operations by estimates the burden of this collection providing procedures for classifying and of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

3 ...... 61 1 61 24 1,464 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Our estimated burden for the ACTION: Notice. Landsdown St., North Bethesda, MD information collection reflects an 20852, 301–796–8867, PRAStaff@ overall decrease of 552 hours and a SUMMARY: The Food and Drug fda.hhs.gov. corresponding decrease of 23 responses/ Administration (FDA, Agency, or we) is records. This adjustment is based on the announcing that a proposed collection SUPPLEMENTARY INFORMATION: In number of submissions we received of information has been submitted to the compliance with 44 U.S.C. 3507, FDA since the last OMB approval. Office of Management and Budget has submitted the following proposed (OMB) for review and clearance under collection of information to OMB for Dated: July 10, 2019. the Paperwork Reduction Act of 1995. review and clearance. Lowell J. Schiller, DATES: Fax written comments on the Principal Associate Commissioner for Policy. Medical Device User Fee Cover Sheet, collection of information by August 16, Form FDA 3601 [FR Doc. 2019–15166 Filed 7–16–19; 8:45 am] 2019. BILLING CODE 4164–01–P ADDRESSES: To ensure that comments on OMB Control Number 0910–0511— the information collection are received, Extension OMB recommends that written DEPARTMENT OF HEALTH AND The Federal Food, Drug, and Cosmetic comments be faxed to the Office of HUMAN SERVICES Act, as amended by the Medical Device Information and Regulatory Affairs, User Fee and Modernization Act of 2002 OMB, Attn: FDA Desk Officer, Fax: 202– Food and Drug Administration _ (Pub. L. 107–250), and the Medical 395–7285, or emailed to oira Device User Fee Amendments of 2007 [email protected]. All [Docket No. FDA–2012–N–0536] (Title II of the Food and Drug comments should be identified with the Administration Amendments Act of Agency Information Collection OMB control number 0910–0511. Also 2007), authorizes FDA to collect user Activities; Submission for Office of include the FDA docket number found fees for certain medical device Management and Budget Review; in brackets in the heading of this applications. Under this authority, Comment Request; Medical Device document. companies pay a fee for certain new User Fee Cover Sheet, Form FDA 3601 FOR FURTHER INFORMATION CONTACT: medical device applications or Amber Sanford, Office of Operations, supplements submitted to the Agency AGENCY: Food and Drug Administration, Food and Drug Administration, Three for review. Because the submission of HHS. White Flint North, 10A–12M, 11601 user fees concurrently with applications

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and supplements is required, the review administrative screening of new medical a 60-day notice requesting public of an application cannot begin until the device applications and supplemental comment on the proposed collection of fee is submitted. Form FDA 3601, the applications. information. One comment was ‘‘Medical Device User Fee Cover Sheet,’’ The total number of annual responses received. is based on the average number of cover is designed to provide the minimum The comment was generally necessary information to determine sheet submissions received by FDA in recent years. The number of received supportive of the user fee cover sheet for whether a fee is required for review of medical devices. However, the comment an application, to determine the amount annual responses includes cover sheets for applications that were qualified for also noted that there are costs associated of the fee required, and to account for small businesses and fee waivers or with the preparation of the cover sheet. and track user fees. The form provides reductions. The estimated hours per The comment did not suggest specific a cross-reference between the fees response are based on past FDA changes to our cost or hour burden submitted for an application with the experience with the various cover sheet estimates provided in this information actual submitted application by using a submissions, and range from 5 to 30 collection request. We have not changed unique number tracking system. The minutes. The hours per response are our estimates as a result of the information collected is used by FDA’s based on the average of these estimates comment. Center for Devices and Radiological (18 minutes). FDA estimates the burden of this Health and FDA’s Center for Biologics In the Federal Register of December collection of information as follows: Evaluation and Research to initiate the 28, 2018 (83 FR 67287), FDA published

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average FDA Form No. Number of responses per Total annual burden per Total hours respondents respondent responses response

3601 ...... 6,379 1 6,379 0.30 (18 minutes) ...... 1,914 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Our estimated burden for the DATES: Fax written comments on the diagnostic device for detection of information collection reflects an collection of information by August 16, influenza subtype H5 (Asian lineage), overall increase of 350 hours and a 2019. commonly known as avian flu. FDA corresponding increase of 1,165 ADDRESSES: To ensure that comments on concluded that this device is properly responses/records. We attribute this the information collection are received, classified into class II in accordance adjustment to an increase in the number OMB recommends that written with section 513(a)(1)(B) of the FD&C of submissions we received over the last comments be faxed to the Office of Act, because it is a device for which the few years. Information and Regulatory Affairs, general controls by themselves are Dated: July 10, 2019. OMB, Attn: FDA Desk Officer, Fax: 202– insufficient to provide reasonable _ Lowell J. Schiller, 395–7285, or emailed to oira assurance of the safety and effectiveness of the device, but there is sufficient Principal Associate Commissioner for Policy. [email protected]. All comments should be identified with the information to establish special controls [FR Doc. 2019–15161 Filed 7–16–19; 8:45 am] OMB control number 0910–0584. Also to provide such assurance. The statute BILLING CODE 4164–01–P include the FDA docket number found permits FDA to establish as special in brackets in the heading of this controls many different things, including postmarket surveillance, DEPARTMENT OF HEALTH AND document. development and dissemination of HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: guidance recommendations, and ‘‘other Amber Sanford, Office of Operations, appropriate actions as the Secretary Food and Drug Administration Food and Drug Administration, Three deems necessary’’ (section 513(a)(1)(B) White Flint North, 10A–12M, 11601 [Docket No. FDA–2015–N–3662] of the FD&C Act). This information Landsdown St., North Bethesda, MD collection is a measure that FDA 20852, 301–796–8867, PRAStaff@ Agency Information Collection determined to be necessary to provide fda.hhs.gov. Activities; Submission for Office of reasonable assurance of safety and Management and Budget Review; SUPPLEMENTARY INFORMATION: In effectiveness of reagents for detection of Comment Request; Guidance on compliance with 44 U.S.C. 3507, FDA specific novel influenza A viruses. Reagents for Detection of Specific has submitted the following proposed Novel Influenza A Viruses FDA issued an order classifying the collection of information to OMB for H5 (Asian lineage) diagnostic device review and clearance. AGENCY: Food and Drug Administration, into class II on March 22, 2006 (71 FR HHS. Guidance on Reagents for Detection of 14377), establishing the special controls ACTION: Notice. Specific Novel Influenza A Viruses—21 necessary to provide reasonable CFR Part 866 assurance of the safety and effectiveness SUMMARY: The Food and Drug of that device and similar future Administration (FDA) is announcing OMB Control Number 0910–0584— devices. The new classification was that a proposed collection of Extension codified in 21 CFR 866.3332, a information has been submitted to the In accordance with section 513 of the regulation that describes the new Office of Management and Budget Federal Food, Drug, and Cosmetic Act classification for reagents for detection (OMB) for review and clearance under (FD&C Act) (21 U.S.C. 360c), FDA of specific novel influenza A viruses the Paperwork Reduction Act of 1995. evaluated an application for an in vitro and sets forth the special controls that

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help to provide a reasonable assurance become available from the World Health The guidance also refers to previously of the safety and effectiveness of devices Organization, National Institutes of approved information collections found classified under that regulation. The Health, and other public health entities, in FDA regulations. The collections of regulation refers to the document sponsors of reagents for detection of information in 21 CFR part 801 have entitled ‘‘Class II Special Controls specific novel influenza A viruses will been approved under OMB control Guidance Document: Reagents for collect this information, compare them number 0910–0485; the collections of Detection of Specific Novel Influenza A with the primer/probe sequences in information in 21 CFR part 807, subpart Viruses,’’ which provides their devices, and incorporate the result E have been approved under OMB recommendations for measures to help of these analyses into their quality control number 0910–0120; and the management system, as required by 21 provide a reasonable assurance of safety collections of information in 21 CFR CFR 820.100(a)(1). These analyses will and effectiveness for these reagents. The part 820 have been approved under be evaluated against the device design guidance recommends that sponsors validation and risk analysis required by OMB control number 0910–0073. obtain and analyze postmarket data to 21 CFR 820.30(g) to determine if any In the Federal Register of March 5, ensure the continued reliability of their design changes may be necessary. 2019 (84 FR 7904), FDA published a 60- device in detecting the specific novel FDA estimates that one respondent day notice requesting public comment influenza A virus that it is intended to will be affected annually. The on the proposed collection of detect, particularly given the propensity respondent will collect this information information. No comments were for influenza viruses to mutate and the twice per year; each response is received. potential for changes in disease estimated to take 15 hours. This results FDA estimates the burden of this prevalence over time. As updated in a total data collection burden of 30 sequences for novel influenza A viruses hours. collection of information as follows:

TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Average Activity Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

Recordkeeping regarding reagents for detection of specific novel influenza A viruses ...... 1 2 2 15 30 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Manufactures are increasingly DEPARTMENT OF HEALTH AND [email protected]. All adopting in silico methods HUMAN SERVICES comments should be identified with the (computational analysis) for the OMB control number 0910–0660. Also detection of specific novel Influenza A Food and Drug Administration include the FDA docket number found in brackets in the heading of this viruses over traditional laboratory [Docket No. FDA–2013–N–0297] techniques. Therefore, few document. manufactures are using reagents for Agency Information Collection FOR FURTHER INFORMATION CONTACT: detection of specific novel influenza A Activities; Submission for Office of Domini Bean, Office of Operations, viruses. Based on these industry trends, Management and Budget Review; Food and Drug Administration, Three we estimate a decrease in the number of Comment Request; Prevention of White Flint North, 10A–12M, 11601 total annual records and a Salmonella Enteritidis in Shell Eggs Landsdown St., North Bethesda, MD corresponding decrease of 270 hours in During Production; Recordkeeping and 20852, 301–796–5733, PRAStaff@ the total burden since our last OMB Registration Provisions fda.hhs.gov. approval. AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION: In Dated: July 10, 2019. HHS. compliance with 44 U.S.C. 3507, FDA Lowell J. Schiller, ACTION: Notice. has submitted the following proposed Principal Associate Commissioner for Policy. collection of information to OMB for SUMMARY: The Food and Drug review and clearance. [FR Doc. 2019–15160 Filed 7–16–19; 8:45 am] Administration (FDA or we) is Prevention of Salmonella Enteritidis BILLING CODE 4164–01–P announcing that a proposed collection in Shell Eggs During Production— of information has been submitted to the Recordkeeping and Registration Office of Management and Budget Provisions—21 CFR 118.10 and 118.11 (OMB) for review and clearance under the Paperwork Reduction Act of 1995. OMB Control Number 0910–0660— DATES: Fax written comments on the Extension collection of information by August 16, Shell eggs contaminated with 2019. Salmonella Enteritidis (SE) are ADDRESSES: To ensure that comments on responsible for more than 140,000 the information collection are received, illnesses per year. The Public Health OMB recommends that written Service Act (PHS Act) (42 U.S.C. 264) comments be faxed to the Office of authorizes the Secretary of Health and Information and Regulatory Affairs, Human Services to make and enforce OMB, Attn: FDA Desk Officer, Fax: 202– such regulations as ‘‘are necessary to 395–7285, or emailed to oira_ prevent the introduction, transmission,

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or spread of communicable diseases examined there periodically by FDA addition, data collected through from foreign countries into the States inspectors. registration is used to support our . . . or from one State . . . into any Section 118.10 also requires each farm enforcement activities. other State’’ (section 361(a) of the PHS site with 3,000 or more egg laying hens Description of Respondents: Act (42 U.S.C. 264(a))). This authority that sells raw shell eggs to the table egg Respondents to this information has been delegated to the Commissioner market, other than directly to the collection include farm sites with 3,000 of Food and Drugs. Under section consumer, and does not have all of the or more egg laying hens that sell raw 402(a)(4) of the Federal Food, Drug, and shell eggs treated, to design and eggs to the table egg market, other than Cosmetic Act (FD&C Act) (21 U.S.C. implement an SE prevention plan. directly to the consumer. 342(a)(4)), a food is adulterated if it is Section 118.10 requires recordkeeping In the Federal Register of March 26, prepared, packed, or held under for each of the provisions included in 2019 (84 FR 11309), we published a 60- the plan and for plan review and insanitary conditions whereby it may day notice requesting public comment modifications if corrective actions are have been contaminated with filth or on the proposed collection of taken. information. Two comments were rendered injurious to health. Under Finally, § 118.11 of FDA’s regulations section 701(a) of the FD&C Act (21 (21 CFR 118.11) requires that each farm received, however only one was U.S.C. 371(a)), FDA is authorized to covered by 21 CFR 118.1(a) register with responsive to the four information issue regulations for the efficient FDA using Form FDA 3733. The term collection topics solicited. Specifically, enforcement of the FD&C Act. ‘‘Form FDA 3733’’ refers to both the the comment suggested that farms could save money by pooling samples while Under part 118 (21 CFR part 118), paper version of the form and the conducting environmental testing, shell egg producers are required to electronic system known as the Shell proffering a 2015 research study. The implement measures to prevent SE from Egg Producer Registration Module, comment continued by suggesting that contaminating eggs on the farm and which is available at https:// the testing protocol be adjusted from from further growth during storage and www.access.fda.gov. We strongly encourage electronic registration four 1,000-egg samples to two 1,000 egg transportation. Shell egg producers also samples. We note, however, that testing are required to maintain records because it is faster and more convenient. The system can accept electronic four 1,000-egg samples over an 8-week concerning their compliance with part period results in approximately a 95 118 and to register with FDA. As registrations 24 hours a day, 7 days a week. A registering shell egg producer percent probability that a positive egg described in more detail with regard to will be detected from a flock that is each information collection provision of receives confirmation of electronic registration instantaneously once all the producing SE-contaminated eggs with a part 118, each farm site with 3,000 or prevalence of 1 in 1,400, while testing more egg laying hens that sells raw shell required fields on the registration screen are completed. However, paper fewer than 4,000 eggs over a period of eggs to the table egg market, other than 8 weeks, as required by 21 CFR 118.7, directly to the consumer, must registrations will also be accepted. Form FDA 3733 is available for download for results in less than a 95 percent refrigerate, register, and keep certain probability that a positive egg would be records. Farms that do not send all of registration by mail or CD–ROM. Recordkeeping and registration are detected from a flock that is producing their eggs to treatment are also required necessary for the success of the SE SE-contaminated eggs at that rate. While to have an SE prevention plan and to prevention measures. Written SE we are aware of the referenced research, test for SE. prevention plans and records of actions we decline to relax the current Section 118.10 of FDA’s regulations taken due to each provision are essential requirements provided for under 21 CFR (21 CFR 118.10) requires recordkeeping for farms to implement SE prevention 118.7 and 118.8 as doing so may reduce for all measures the farm takes to plans effectively. Further, they are certain associated costs that would not prevent SE in its flocks. Since many essential for us to be able to determine provide the same level of protection existing farms participate in voluntary compliance. Information provided necessary to ensure the public health. egg quality assurance programs, those under these regulations helps us to The comment did not suggest a revision respondents may not have to collect any notify quickly the facilities that might to our estimated burden. additional information. Records are be affected by a deliberate or accidental We estimate the burden of this maintained on file at each farm site and contamination of the food supply. In collection of information as follows:

TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Number of Total annual Average Description and 21 CFR section 2 records per burden per Total hours recordkeepers recordkeeper records recordkeeping

Refrigeration Records, § 118.10(a)(3)(iv) .... 2,600 52 135,200 0.5 (30 minutes) ...... 67,600 Testing, Diversion, and Treatment Records, 343 52 17,836 0.5 (30 minutes) ...... 8,918 § 118.10(a)(3)(v) through (viii) (positive) 3. Egg Testing, § 118.10(a)(3)(vii) ...... 331 7 2,317 8.3 ...... 19,231 Environmental Testing, § 118.10(a)(3)(v) 3 .. 6,308 23 145,084 0.25 (15 minutes) ...... 36,271 Testing, Diversion, and Treatment Records, 5,965 1 5,965 0.5 (30 minutes) ...... 2,983 § 118.10(a)(3)(v) through (viii) (negative) 3. Prevention Plan Review and Modifications, 331 1 331 10...... 3,310 § 118.10(a)(4). Chick and Pullet Procurement Records, 4,731 1 4,731 0.5 (30 minutes) ...... 2,366 § 118.10(a)(2). Rodent and Other Pest Control, 9,462 52 492,024 0.5 (30 minutes) ...... 246,012 § 118.10(a)(3)(ii), and Biosecurity Records, § 118.10(a)(3)(i).

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TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1—Continued

Number of Average Number of Total annual Description and 21 CFR section 2 records per burden per Total hours recordkeepers recordkeeper records recordkeeping

Prevention Plan Design, § 118.10(a)(1) ...... 350 1 350 20 ...... 7,000 Cleaning and Disinfection Records, 331 1 331 0.5 (30 minutes) ...... 166 § 118.10(a)(3)(iii).

Total ...... 393,857

1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Some records are kept on a by-farm basis and others are kept on a by-house basis. 3 Calculations include requirements for pullet and layer houses.

We base our estimates for the Prevention plan review and Given a positive environmental test recordkeeping burden and the reporting modifications (§ 118.10(a)(4)) also need for SE, we estimate the weighted burden on our experience with similar to be performed every time a house tests average number of egg tests per house recordkeeping activities and the number positive, which we estimate that 7.0 under § 118.10(a)(3)(vii)) to be 7. We of registrations and cancellations percent test positive. Therefore, the estimate that 331 recordkeepers received in the past 3 years. number of recordkeepers for these maintain 7 records each for a total of The number of recordkeepers provisions is calculated to be 331 (4,731 2,317 records and that it takes estimated in column 2 of table 1 is houses × 0.070) annually. approximately 8.3 hours per drawn from estimates of the total Records of testing, diversion, and recordkeeping. Thus, the total annual number of layer and pullet houses treatment (§ 118.10(a)(3)(v) through burden for egg testing is calculated to be × affected by part 118. We assume that (viii)) are kept on a per house basis and 19,231 hours (2,317 records 8.3 those farms that were operating include records on flocks from pullet hours). according to recognized industry or houses. We estimate that there are one- We estimate that all 1,577 pullet and State quality assurance plans prior to third as many pullet houses as there are 4,731 layer houses not testing prior to their compliance date under part 118 layer houses. Therefore, the total their compliance date under part 118 were already largely in compliance with number of recordkeepers for these (6,308 recordkeepers) incur the burden the plan design and recordkeeping provisions is 6,308 (4,731 + (4,731/3)). of a single environmental test annually provisions discussed in this section, and The number of annual records kept under § 118.10(a)(3)(v)). The number of therefore did not experience additional depends on whether houses test positive samples taken during the test depends costs to comply with recordkeeping for SE. Annually, 343 layer and pullet on whether a farm employs the row provisions. We found that 59 percent of houses ((4,731 layer houses × 0.070) + based method (an average of 12 samples farms with more than 50,000 layers are (4,731/3 pullet houses) × 0.0075)) are per house) or the random sampling members of State or industry quality expected to test positive and 5,965 are method (32 samples per house). We assurance plans. Fewer than 8 percent expected to test negative ((4,731 layer estimate that roughly 50 percent of the of farms with fewer than 50,000 layers houses × 0.930) + (4,731/3 pullet houses affected employ a row based are members of quality assurance plans. houses) × 0.9925)). method and 50 percent employ a Thus, we estimate the number of layer random sampling method, implying an We assume that refrigeration records farms incurring a new recordkeeping average of 23 samples per house. The are kept on a weekly basis on a per farm burden because of part 118 to be 2,600, time burden of sampling is estimated on basis under § 118.10(a)(3)(iv)). We and the number of houses affected to be a per swab sample basis. We assume it estimate that 2,600 recordkeepers 4,731. takes 15 minutes to collect and pack Prevention plan design maintain 52 records each for a total of each sample. Thus, the total annual (§ 118.10(a)(1)) records are kept on a per 135,200 records and that it takes burden for environmental testing is farm basis, so we assume that new approximately 0.5 hour per calculated to be 36,271 hours (145,084 prevention plan design is only recordkeeping. Thus, the total annual records × 0.25 hour). undertaken by new entrants to the burden for refrigeration records is We estimate that records of testing, calculated to be 67,600 hours (135,200 diversion, and treatment under industry. Refrigeration records × (§ 118.10(a)(3)(iv)) are also kept on a per records 0.5 hour). § 118.10(a)(3)(v) through (viii) are kept farm basis so the estimated number of We assume that records of testing, annually in the event a layer house tests recordkeepers for this provision is diversion, and treatment under environmentally negative for SE. We 2,600. § 118.10(a)(3)(v) through (viii) are kept estimate that 5,965 layer and pullet Records of chick and pullet weekly in the event a layer house tests houses test negative and thus 5,965 procurement (§ 118.10(a)(2)), rodent and environmentally positive for SE. We recordkeepers maintain 1 record of that other pest control (§ 118.10(a)(3)(ii)), estimate that 343 layer and pullet testing that takes approximately 0.5 and biosecurity (§ 118.10(a)(3)(i)) are houses test positive and thus 343 hour per record. Thus, the total annual kept on a per house basis, so the recordkeepers maintain 52 records each burden for testing, diversion, and estimated number of recordkeepers for for a total of 17,836 records and that it treatment records in the event of a these provisions is 4,731. takes approximately 0.5 hour per negative test result is calculated to be Records of cleaning and disinfection recordkeeping. Thus, the total annual 2,983 hours (5,965 records × 0.5 hour). (§ 118.10(a)(3)(iii)) are also kept on a per burden for testing, diversion, and Prevention plan review and house basis, but only need to be kept in treatment records in the event of a modifications under § 118.10(a)(4)) need the event that a layer house tests positive test result is calculated to be to be performed every time a house tests environmentally positive for SE. 8,918 hours (17,836 records × 0.5 hour). positive. We estimate that 331 layer

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houses test positive requiring plan We estimate that rodent and other design. This is an increase from our review and modifications and that it pest control records under previous estimate based on new takes 10 hours to complete this work. § 118.10(a)(3)(ii) and biosecurity records registrations received. We estimate that Thus, the total annual burden for under § 118.10(a)(3)(i) are kept weekly it takes 20 hours to complete this work. prevention plan review and on a per layer house basis. We assume Thus, the total annual burden for modifications in the event of a positive that 4,731 layer houses maintain a prevention plan design is calculated to test result is calculated to be 3,310 weekly record under each provision. be 7,000 hours (350 records × 20 hours). hours (331 records × 10 hours). Thus, we estimate 9,462 recordkeepers We estimate that chick and pullet maintain 52 records each for a total of Cleaning and disinfection procurement records under 492,024 records. We estimate a recordkeeping under § 118.10(a)(3)(iii) § 118.10(a)(2) is kept roughly once recordkeeping burden of 0.5 hours per needs to be performed every time a annually per layer house basis. We record for a total of 246,012 burden house tests positive. We estimate that estimate that 4,731 layer houses hours (492,024 records × 0.5 hour). 331 layer houses test positive requiring maintain 1 record each and that it takes New prevention plan design required 1 record each and that it takes approximately 0.5 hour per by § 118.10(a)(1) is only undertaken by approximately 0.5 hour per recordkeeping. Thus, the total annual new farms and records are kept on a per recordkeeping. Thus, the total annual burden for chick and pullet farm basis. We estimate that there are burden for cleaning and disinfection procurement recordkeeping is 350 new farm registrations annually, recordkeeping in the event of a positive calculated to be 2,366 hours (4,731 and we assume that this reflects 350 test result is calculated to be 166 hours records × 0.5 hour). new farms requiring prevention plan (331 records × 0.5 hour).

TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Registrations or Updates, FDA 3733 2 350 1 350 2.3 805 § 118.11. Cancellations, § 118.11 ...... FDA 3733 30 1 30 1 30

Total ...... 835 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 The term ‘‘Form FDA 3733’’ refers to both the paper version of the form and the electronic system known as the Shell Egg Producer Reg- istration Module, which is available at https://www.access.fda.gov per § 118.11(b)(1).

This estimate is based on the average Dated: July 10, 2019. Recipient: University of Northern number of new shell egg producer Lowell J. Schiller, Colorado, Greely, Colorado. registrations and cancellations received Principal Associate Commissioner for Policy. Purpose of the Award: The purpose of in the past 3 years under § 118.11. We [FR Doc. 2019–15162 Filed 7–16–19; 8:45 am] this grant is to expand the knowledge estimate that we will receive an average BILLING CODE 4164–01–P base regarding cessation strategies that of 350 registrations or updates per year adolescents and young adults use to over the next 3 years and that it takes maintain their reproductive health. It the average farm 2.3 hours to register, DEPARTMENT OF HEALTH AND will provide valuable data on how taking into account that some HUMAN SERVICES family planning services can respondents completing the registration incorporate technology and cessation Office of Population Affairs; Awards may not have readily available internet counseling strategies in primary care Unsolicited Proposal for the CFDA medical clinics and other clinic access. Thus, the total annual burden for Number: 93.974 workflows, including Title X clinics. new shell egg producer registrations or Amount of Award: $499,385 in updates is calculated to be 805 hours AGENCY: Office of Population Affairs, × Federal Fiscal Year (FFY) 2019 funds (350 respondents 2.3 hours). Office of the Assistant Secretary for and estimated $500,000 in FFY 2020 We estimate that we will receive 30 Health, Department of Health and funds subject to the enactment of cancellations per year over the next 3 Human Services. appropriations and availability of funds. years and that cancelling a registration, ACTION: Notice. Project Period: July 15, 2019–July 14, on average, requires a burden of 1 hour, 2021. SUMMARY: The Office of Population taking into account that some OPA performed an objective review of Affairs (OPA) announces the award of a respondents may not have readily the unsolicited proposal from the single-source grant in response to an University of Northern Colorado to available internet access. Thus, the total unsolicited proposal from the annual burden for cancelling shell egg expand and evaluate the OPTIONS for University of Northern Colorado, Integrated Health program. This producer registrations is calculated to be Greely, Colorado. The proposal 30 hours (30 cancellations × 1 hour). proposal builds on a previous study, submitted was not solicited either which is the only study in existence that We have increased our burden formally or informally by any federal has scientifically demonstrated how the estimate for the information collection government official. Transtheoretical Model of Health based on an increase in annual new FOR FURTHER INFORMATION CONTACT: Behavior Change (Prochaska & Velicer) farm registrations. Diane Foley at [email protected] or works with sexually active adolescents by telephone at 240–453–8200. and young adults. This cutting edge SUPPLEMENTARY INFORMATION: research identified the population of

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adolescents and young adults most Place: National Institute of Environmental Building, 6001 Executive Blvd., Room 6140, ready for behavior change including Health Sciences, Keystone Building, 530 MSC 9608, Bethesda, MD 20892–9608, 301– cessation from sexual activity. Based on Davis Drive, Durham, NC 27709 (Virtual 443–9734, [email protected]. an external and internal review of the Meeting). (Catalogue of Federal Domestic Assistance proposal, OPA determined that it has Contact Person: Leroy Worth, Ph.D., Program No. 93.242, Mental Health Research Scientific Review Officer, Scientific Review Grants, National Institutes of Health, HHS) merit. Branch, Division of Extramural Research and The University of Northern Colorado Training, Nat. Institute of Environmental Dated: July 11, 2019. and the proposed Principle Investigator Health Sciences, P.O. Box 12233, MD EC–30/ Melanie J. Pantoja, have experience expanding scientific Room 3171, Research Triangle Park, NC Program Analyst, Office of Federal Advisory knowledge on harm-reduction/cessation 27709, (919) 541–0670, [email protected]. Committee Policy. strategies adolescents and young adults (Catalogue of Federal Domestic Assistance [FR Doc. 2019–15147 Filed 7–16–19; 8:45 am] use to maintain their reproductive Program Nos. 93.115, Biometry and Risk BILLING CODE 4140–01–P health. They will further broaden Estimation—Health Risks from knowledge in harm-reduction/cessation Environmental Exposures; 93.142, NIEHS strategies by further testing an Hazardous Waste Worker Health and Safety DEPARTMENT OF HEALTH AND Training; 93.143, NIEHS Superfund innovative digital health technology in HUMAN SERVICES underserved adolescent/clinics in Hazardous Substances—Basic Research and counties experiencing high levels of Education; 93.894, Resources and Manpower Development in the Environmental Health National Institutes of Health unintended pregnancy and STI rates. Sciences; 93.113, Biological Response to This award is being made non- Environmental Health Hazards; 93.114, National Institute of General Medical competitively because there is no Applied Toxicological Research and Testing, Sciences; Notice of Closed Meeting current, pending, or planned funding National Institutes of Health, HHS) opportunity announcement under Pursuant to section 10(d) of the Dated: July 11, 2019. which this proposal could compete. Federal Advisory Committee Act, as Legislative Authority: Title X of the Sylvia L. Neal, amended, notice is hereby given of the Public Health Service Act, SEC. 1004 Program Analyst, Office of Federal Advisory following meeting. [300a–2]. Committee Policy. The meeting will be closed to the [FR Doc. 2019–15148 Filed 7–16–19; 8:45 am] Dated: July 8, 2019. public in accordance with the BILLING CODE 4140–01–P Diane Foley, provisions set forth in sections Deputy Assistant Secretary for Population 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Affairs. DEPARTMENT OF HEALTH AND [FR Doc. 2019–15120 Filed 7–16–19; 8:45 am] the discussions could disclose HUMAN SERVICES confidential trade secrets or commercial BILLING CODE P National Institutes of Health property such as patentable material, and personal information concerning DEPARTMENT OF HEALTH AND National Institute of Mental Health; individuals associated with the grant HUMAN SERVICES Notice of Closed Meeting applications, the disclosure of which would constitute a clearly unwarranted National Institutes of Health Pursuant to section 10(d) of the invasion of personal privacy. Federal Advisory Committee Act, as amended, notice is hereby given of the Name of Committee: National Institute of National Institute of Environmental General Medical Sciences Special Emphasis Health Sciences; Notice of Closed following meeting. Panel; Review of X02 Applications. Meeting The meeting will be closed to the Date: July 26, 2019. public in accordance with the Pursuant to section 10(d) of the Time: 3:30 p.m. to 5:00 p.m. provisions set forth in sections Agenda: To review and evaluate grant Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. amended, notice is hereby given of the as amended. The grant applications and Place: National Institutes of Health, following meeting. the discussions could disclose Natcher Building, 45 Center Drive, Bethesda, The meeting will be closed to the confidential trade secrets or commercial MD 20892. public in accordance with the property such as patentable material, Contact Person: Tracy Koretsky, Scientific Review Officer, Office of Scientific Review, provisions set forth in sections and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute of General Medical individuals associated with the grant Sciences, National Institutes of Health, 45 as amended. The grant applications and applications, the disclosure of which the discussions could disclose Center Drive, Room 3An.12F, Bethesda, MD would constitute a clearly unwarranted 20892–6200, 301–594–2886, tracy.koretsky@ confidential trade secrets or commercial invasion of personal privacy. nih.gov. property such as patentable material, Name of Committee: National Institute of This notice is being published less than 15 and personal information concerning days prior to the meeting due to the timing individuals associated with the grant Mental Health Special Emphasis Panel; ART and Neurotoxicities. limitations imposed by the review and applications, the disclosure of which Date: August 6, 2019. funding cycle. would constitute a clearly unwarranted Time: 11:00 a.m. to 4:30 p.m. (Catalogue of Federal Domestic Assistance invasion of personal privacy. Agenda: To review and evaluate grant Program Nos. 93.375, Minority Biomedical Name of Committee: National Institute of applications. Research Support; 93.821, Cell Biology and Environmental Health Sciences Special Place: National Institutes of Health, Biophysics Research; 93.859, Pharmacology, Emphasis Panel; Mechanism for Time- Neuroscience Center Building, 6001 Physiology, and Biological Chemistry Sensitive Research Opportunities in Executive Boulevard, Rockville, MD 20852 Research; 93.862, Genetics and Environmental Health Sciences. (Virtual Meeting). Developmental Biology Research; 93.88, Date: July 30, 2019. Contact Person: David W. Miller, Ph.D., Minority Access to Research Careers; 93.96, Time: 2:00 p.m. to 3:30 p.m. Scientific Review Officer, Division of Special Minority Initiatives; 93.859, Agenda: To review and evaluate grant Extramural Activities, National Institute of Biomedical Research and Research Training, applications. Mental Health, NIH, Neuroscience Center National Institutes of Health, HHS)

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Dated: July 11, 2019. DEPARTMENT OF HOMELAND www.uscis.gov, or call the USCIS Melanie J. Pantoja, SECURITY Contact Center at (800) 375–5283; TTY Program Analyst, Office of Federal Advisory (800) 767–1833. Committee Policy. U.S. Citizenship and Immigration SUPPLEMENTARY INFORMATION: [FR Doc. 2019–15143 Filed 7–16–19; 8:45 am] Services Comments BILLING CODE 4140–01–P [OMB Control Number 1615–0082] The information collection notice was Agency Information Collection previously published in the Federal DEPARTMENT OF HEALTH AND Activities; Revision of a Currently Register on April 26, 2019, at 84 FR HUMAN SERVICES Approved Collection: Application To 17870, allowing for a 60-day public Replace Permanent Resident Card comment period. USCIS received 4 National Institutes of Health comments in connection with the 60- AGENCY: U.S. Citizenship and day notice. National Center for Complementary & Immigration Services, Department of You may access the information Integrative Health; Notice of Closed Homeland Security. collection instrument with instructions, Meeting ACTION: 30-Day notice. or additional information by visiting the Federal eRulemaking Portal site at: Pursuant to section 10(d) of the SUMMARY: The Department of Homeland http://www.regulations.gov and enter Federal Advisory Committee Act, as Security (DHS), U.S. Citizenship and USCIS–2009–0002 in the search box. amended, notice is hereby given of the Immigration Services (USCIS) will be Written comments and suggestions from following meeting. submitting the following information the public and affected agencies should The meeting will be closed to the collection request to the Office of address one or more of the following public in accordance with the Management and Budget (OMB) for four points: provisions set forth in sections review and clearance in accordance (1) Evaluate whether the proposed 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., with the Paperwork Reduction Act of collection of information is necessary as amended. The grant applications and 1995. The purpose of this notice is to for the proper performance of the the discussions could disclose allow an additional 30 days for public functions of the agency, including confidential trade secrets or commercial comments. whether the information will have property such as patentable material, DATES: The purpose of this notice is to practical utility; and personal information concerning allow an additional 30 days for public (2) Evaluate the accuracy of the individuals associated with the grant comments. Comments are encouraged agency’s estimate of the burden of the applications, the disclosure of which and will be accepted until August 16, proposed collection of information, would constitute a clearly unwarranted 2019. including the validity of the invasion of personal privacy. ADDRESSES: Written comments and/or methodology and assumptions used; Name of Committee: National Center for suggestions regarding the item(s) (3) Enhance the quality, utility, and Complementary and Integrative Health contained in this notice, especially clarity of the information to be Special Emphasis Panel; HEAL Initiative: regarding the estimated public burden collected; and (4) Minimize the burden of the Limited Competition: Resource Coordinating and associated response time, must be collection of information on those who Center for Pragmatic and Implementation directed to the OMB USCIS Desk Officer Studies for the Management of Pain (PRISM) are to respond, including through the via email at dhsdeskofficer@ to Reduce Opioid Prescribing (U24 Clinical use of appropriate automated, omb.eop.gov. All submissions received Trial Not Allowed). electronic, mechanical, or other must include the agency name and the Date: July 23, 2019. technological collection techniques or OMB Control Number 1615–0082 in the Time: 12:00 p.m. to 1:00 p.m. other forms of information technology, Agenda: To review and evaluate grant subject line. applications. You may wish to consider limiting the e.g., permitting electronic submission of Place: National Institutes of Health, Two amount of personal information that you responses. Democracy Plaza, 6707 Democracy provide in any voluntary submission Overview of This Information Boulevard, Bethesda, MD 20892 (Virtual you make. For additional information Collection Meeting). please read the Privacy Act notice that Contact Person: Ashlee Tipton, Ph.D., (1) Type of Information Collection Scientific Review Officer, Division of is available via the link in the footer of Request: Revision of a Currently Extramural Activities, National Center for http://www.regulations.gov. Approved Collection. Complementary and Integrative Health, 6707 FOR FURTHER INFORMATION CONTACT: (2) Title of the Form/Collection: Democracy Boulevard, Room 401, Bethesda, USCIS, Office of Policy and Strategy, Application to Replace Permanent MD 20892, 301–451–3849, ashlee.tipton@ Regulatory Coordination Division, Resident Card. nih.gov. Samantha Deshommes, Chief, 20 (3) Agency form number, if any, and This meeting notice is being published less Massachusetts Avenue NW, the applicable component of the DHS than 15 days in advance of the meeting due Washington, DC 20529–2140, sponsoring the collection: I–90; USCIS. to the receipt date of application. Telephone number (202) 272–8377 (4) Affected public who will be asked (Catalogue of Federal Domestic Assistance (This is not a toll-free number; or required to respond, as well as a brief Program Nos. 93.213, Research and Training comments are not accepted via abstract: Primary: Individuals or in Complementary and Alternative Medicine, National Institutes of Health, HHS) telephone message.). Please note contact households. Form I–90 is used by information provided here is solely for USCIS to determine eligibility to replace Dated: July 10, 2019. questions regarding this notice. It is not a Lawful Permanent Resident Card. Ronald J. Livingston, Jr., for individual case status inquiries. (5) An estimate of the total number of Program Analyst, Office of Federal Advisory Applicants seeking information about respondents and the amount of time Committee Policy. the status of their individual cases can estimated for an average respondent to [FR Doc. 2019–15145 Filed 7–16–19; 8:45 am] check Case Status Online, available at respond: The estimated total number of BILLING CODE 4140–01–P the USCIS website at http:// respondents for the information

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collection I–90 (paper) is 444,601 and the public to review and comment on In this case, the applicant agrees to the estimated hour burden per response the permit application and associated implement conservation measures is 2 hours; the estimated total number documents. consistent with the GCP that will minimize and mitigate the impacts of of respondents for the information DATES: To be fully considered, written collection I–90 (electronic) is 296,400 comments from interested parties must the taking on the following covered species: The federally endangered and the estimated hour burden per be received on or before August 16, Columbia Basin distinct population response is 1.59 hours; and the 2019. estimated total number of respondents segment of the pygmy rabbit for the information collection biometrics ADDRESSES: To request further (Brachylagus idahoensis), the Federal is 741,001 and the estimated hour information or submit written candidate greater sage-grouse burden per response is 1.17 hours. comments, please use one of the (Centrocercus urophasianus), the (6) An estimate of the total public following methods, and note that your Federal candidate Washington ground burden (in hours) associated with the information request or comments are in squirrel (Urocitellus washingtoni), and collection: The total estimated annual reference to the ‘‘Davis and Davis Farms the unlisted species Columbian sharp- hour burden associated with this GCP Permit:’’ tailed grouse (Tympanuchus collection is 2,227,449 hours. • Internet Document Review: You phasianellus columbianus). Covered (7) An estimate of the total public may access electronic copies of the GCP activities include dryland farming of burden (in cost) associated with the and associated decision documents wheat and horse grazing on the Davis collection: The estimated total annual online at https://www.fws.gov/wafwo/. and Davis farm in Douglas County, cost burden associated with this • Comment or Request Documents by Washington. We invite the public to collection of information is Email: Include ‘‘Davis and Davis Farms– review and comment on the permit $254,163,343. GCP Permit’’ in the subject line of the application and associated documents. message and send to wfwocomments@ Dated: July 12, 2019. Background fws.gov. Jerry L. Rigdon, • Comment or Request Documents by Section 9 of the Endangered Species Deputy Chief, Regulatory Coordination U.S. Mail or Comment by Hand- Act (ESA; 16 U.S.C. 1531) prohibits Division, Office of Policy and Strategy, U.S. Delivery: Public Comments Processing, ‘‘take’’ of fish and wildlife species listed Citizenship and Immigration Services, as endangered or threatened. Section Department of Homeland Security. Attn: FWS–R1–ES–2019–N070; U.S. Fish and Wildlife Service; c/o Jessica 10(a)(1)(B) of the ESA, along with [FR Doc. 2019–15179 Filed 7–16–19; 8:45 am] Gonzales, Central Washington Field Service policy dated October 5, 2007, on BILLING CODE 9111–97–P Office; 215 Melody Lane, Suite 103; GCPs, allows the Service to issue ITPs Wenatchee, WA 98801. Printed copies to non-Federal entities for incidental of the permit application and associated take of endangered or threatened species DEPARTMENT OF THE INTERIOR documents are available for public that is caused by otherwise lawful inspection, by appointment, during activities, providing the following Fish and Wildlife Service normal business hours, at this address. criteria are met: (1) The taking will be incidental; (2) the applicant will, to the [FWS–R1–ES–2019–N070; FOR FURTHER INFORMATION CONTACT: FXES11140100000–190–FF01E00000] maximum extent practicable, minimize Jessica Gonzales, Fish and Wildlife and mitigate the impact of such taking; Biologist, U.S. Fish and Wildlife (3) the applicant will ensure that Incidental Take Permit Application To Service, Central Washington Field Participate in the Douglas County adequate funding for the plan will be Office (see ADDRESSES); telephone 509– provided; (4) the taking will not Multiple Species General Conservation 665–3508, extension 2000; email Plan, Douglas County, Washington _ appreciably reduce the likelihood of the Jessica [email protected]. If you use a survival and recovery of the species in AGENCY: Fish and Wildlife Service, telecommunications device for the deaf, the wild; and (5) the applicant will carry Interior. please call the Federal Relay Service at out any other measures that the Service 800–877–8339. ACTION: Notice of availability; request may require as being necessary or for comments. SUPPLEMENTARY INFORMATION: We, the appropriate for the purposes of the plan. U.S. Fish and Wildlife Service (Service), Regulations governing permits for SUMMARY: We, the U.S. Fish and have received an application from Davis endangered and threatened species are Wildlife Service (Service), have received and Davis Farms (applicant) for an found in 50 CFR 17.22 and 17.32, an application from Davis and Davis Endangered Species Act (ESA; 16 U.S.C. respectively. Farms (applicant) for an Endangered 1531 et seq.) incidental take permit The Service has conducted a review Species Act (ESA) incidental take (ITP), in association with the Douglas of the site plan submitted with the ITP permit (ITP) in association with the County Multiple Species General application and has made a preliminary Douglas County Multiple Species Conservation Plan (GCP). The GCP was determination that the site plan meets General Conservation Plan (GCP). The developed by the Foster Creek all necessary requirements of the applicant agrees to implement Conservation District in coordination Douglas County Multiple Species GCP conservation measures consistent with with the Service. The purpose of the and is consistent with previous the GCP that will minimize and mitigate GCP is to facilitate an efficient and environmental analyses and decision the impacts of the taking on the effective process for prospective documents associated with the GCP. Columbia Basin distinct population applicants to obtain ITPs addressing The GCP and an associated segment of the pygmy rabbit, the greater land-use activities, take of listed environmental assessment (EA), sage-grouse, the Washington ground species, and conservation measures that developed pursuant to the requirements squirrel, and the Columbian sharp-tailed are covered under the GCP, in order to of the National Environmental Policy grouse. Covered activities include offset the impacts of take on covered Act (42 U.S.C. 4321 et seq.), were made dryland farming of wheat and horse species. A GCP is a programmatic available for public review during a 60- grazing on the Davis and Davis farm in habitat conservation plan, authorized day public comment period between Douglas County, Washington. We invite under section 10(a)(1)(B) of the ESA. November 14, 2014, and January 13,

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2015 (79 FR 68289). The Service with the Service and others to address will evaluate whether issuance of the finalized the EA in June of 2015, and a the decrease, or revisit the GCP. With requested ITP will be consistent with finding of no significant impact (FONSI) implementation of the site plan, we do the finding of no significant impact was signed on September 17, 2015. not anticipate CRP/SAFE acres under NEPA issued in relation to the Findings and recommendations threshold criteria will be triggered or GCP. As noted above, we will not make addressing the issuance of future ITPs changes in the numbers, distribution, or a final permit decision until after the for activities covered under the GCP reproduction of the covered species will end of the 30-day comment period, and were also signed on September 17, 2015. appreciably reduce the likelihood of we will fully consider all comments The Service will not make a final permit their survival and recovery in the wild. received during the comment period. If decision until after the end of the 30- Public Comments we determine that all requirements are day comment period, following full met we will issue an ITP to the consideration of all comments received. You may submit your comments and applicant for the take of the covered materials by one of the methods listed Proposed Action species, incidental to otherwise lawful in the ADDRESSES section. We covered activities implemented under The Service proposes to issue the specifically request written information, the site plan prepared in accordance requested 47-year ITP based on the views and suggestions with respect to with the GCP. applicant’s commitment to implement the application for the incidental take the site plan prepared pursuant to the permit. Authority requirements of the GCP, if permit Public Availability of Comments We provide this notice in accordance issuance criteria are met. Covered with the requirements of section 10 of activities include dryland farming of All comments and materials we the ESA and its implementing wheat and horse grazing. The area receive become part of the public record regulations (50 CFR 17.22) and NEPA associated with this action. Before covered under the proposed ITP and its implementing regulations (40 including your address, phone number, encompasses about 4,017 acres owned CFR 1506.6). and leased by Davis and Davis Farm email address, or other personally within the area covered by the GCP in identifiable information in your Robyn Thorson, Douglas County, Washington. comments, you should be aware that Regional Director, Pacific Region, U.S. Fish Take of the following covered species your entire comment—including your and Wildlife Service. is likely to occur in conjunction with personally identifiable information— [FR Doc. 2019–15220 Filed 7–16–19; 8:45 am] activities covered under the GCP: The may be made publicly available at any BILLING CODE 4333–15–P Columbia Basin distinct population time. While you can ask us in your segment of pygmy rabbit, the greater comment to withhold your personally sage-grouse, the Washington ground identifiable information from public DEPARTMENT OF THE INTERIOR squirrel, and the Columbian sharp-tailed review, we cannot guarantee that we grouse. Such take is expected to occur will be able to do so. All submissions Geological Survey on the following lands owned or leased from organizations or businesses, and by Davis and Davis Farms: 710.8 acres from individuals identifying themselves [GX19ZQ00G402A00; OMB Control Number of shrub-steppe habitat; 2,576.2 acres of as representatives or officials of 1028–NEW] agriculture lands (dryland and irrigated organizations or businesses, will be agriculture); and 730.4 acres of made available for public disclosure in Agency Information Collection Conservation Reserve Program/State their entirety. Comments and materials Activities: ShakeAlert Community Acres For Wildlife Enhancement (CRP/ we receive, as well as supporting Feedback Form SAFE) shrub-steppe habitat that might documentation, will be available for AGENCY: U.S. Geological Survey, be converted to dry-land or irrigated public inspection by appointment, Interior. crop production in the future. These during normal business hours, at our ACTION: Notice of information collection; acreages are surrogates for the Washington Fish and Wildlife Office request for comment. anticipated amount of incidental take (see ADDRESSES). and are within the amounts considered Next Steps SUMMARY: In accordance with the in the EA and FONSI, and the Biological Paperwork Reduction Act of 1995, we, Opinion/Conference Opinion The Service previously approved the the U.S. Geological Survey (USGS) are addressing the issuance of ITPs in GCP, and recommended approval of proposing a new information collection. association with implementation of the future permit applications developed DATES: Interested persons are invited to GCP. consistent with the GCP, concluding As a GCP participant, Davis and Davis that such permits would meet the submit comments on or before Farms will aid in covered species issuance criteria for ITPs, and would not September 16, 2019. recovery through implementation of result in significant effects to the human ADDRESSES: Send your comments on conservation measures resulting in environment. After public review, we this information collection request (ICR) appropriate grazing management, will evaluate the permit application, by mail to U.S. Geological Survey, maintenance of existing shrub-steppe associated documents, and any Information Collections Officer, 12201 habitat, implementation of timing comments received, to confirm that the Sunrise Valley Drive, MS 159, Reston, restrictions, notification to the Service permit application meets the VA 20192; or by email to gs-info_ prior to conversion of occupied CRP/ requirements of section 10(a)(1)(B) of [email protected]. Please reference SAFE habitat, and additional measures. the ESA and the GCP. We will also OMB Control Number 1028–NEW in the The GCP also includes criteria to evaluate whether issuance of the subject line of your comments. evaluate CRP/SAFE acres, and other requested ITP would comply with FOR FURTHER INFORMATION CONTACT: To protected land acres across Douglas section 7 of the ESA by conducting an request additional information about County, and if those acres decrease intra-Service section 7 consultation this ICR, contact Sara K. McBride by below certain thresholds, the Foster under section 7(a)(2) of the ESA on email at [email protected] or by Creek Conservation District will work anticipated ITP actions. In addition, we telephone at 650–750–5270.

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SUPPLEMENTARY INFORMATION: In asked to provide exact timings in terms lead to continuation or recurrence of accordance with the Paperwork of when alerts were delivered to either material injury to an industry in the Reduction Act of 1995, we provide the their devices or themselves, to United States within a reasonably general public and other Federal determine system latency. They will be foreseeable time. agencies with an opportunity to asked to provide details about their Background comment on new, proposed, revised, devices, mobile network, and proximate and continuing collections of location (address, zip code, or building The Commission, pursuant to section information. This helps us assess the name). The final four questions explore 751(c) of the Act (19 U.S.C. 1675(c)), impact of our information collection what people know about the system, instituted these reviews on January 2, requirements and minimize the public’s preferred delivery channels, and 2019 (84 FR 8) and determined on April reporting burden. It also helps the messaging priorities. 12, 2019 that it would conduct public understand our information Title of Collection: ShakeAlert expedited reviews (84 FR 26156, June 5, collection requirements and provide the Community Feedback Form. 2019). requested data in the desired format. OMB Control Number: 1028–NEW. The Commission made these We are soliciting comments on the Form Number: NA. determinations pursuant to section proposed ICR that is described below. Type of Review: New. 751(c) of the Act (19 U.S.C. 1675(c)). It We are especially interested in public Respondents/Affected Public: completed and filed its determinations comment addressing the following Individuals/households. in these reviews on July 12, 2019. The issues: (1) Is the collection necessary to Total Estimated Number of Annual views of the Commission are contained the proper functions of the USGS; (2) Respondents: 2,000. in USITC Publication 4921 (July 2019), will this information be processed and Total Estimated Number of Annual entitled Raw Flexible Magnets from used in a timely manner; (3) is the Responses: 2,000. China and Taiwan, Investigation Nos. estimate of burden accurate; (4) how Estimated Completion Time per 701–TA–452 and 731–TA–1129–1130 might the USGS enhance the quality, Response: Six minutes. (Second Review). utility, and clarity of the information to Total Estimated Number of Annual By order of the Commission. be collected; and (5) how might the Burden Hours: 200. Issued: July 12, 2019. USGS minimize the burden of this Respondent’s Obligation: Voluntary. Lisa Barton, collection on the respondents, including Frequency of Collection: Once per through the use of information Secretary to the Commission. year. [FR Doc. 2019–15218 Filed 7–16–19; 8:45 am] technology. Total Estimated Annual Nonhour BILLING CODE 7020–02–P Comments that you submit in Burden Cost: None. response to this notice are a matter of An agency may not conduct or public record. We will include or sponsor and a person is not required to summarize each comment in our request DEPARTMENT OF JUSTICE respond to a collection of information to OMB to approve this ICR. Before unless it displays a currently valid OMB including your address, phone number, Bureau of Alcohol, Tobacco, Firearms control number. email address, or other personal and Explosives The authority for this action is the identifying information in your Paperwork Reduction Act of 1995 (44 [OMB Number 1140–0102] comment, you should be aware that U.S.C. 3501 et seq.). your entire comment—including your Agency Information Collection personal identifying information—may Douglas Given, Activities; Proposed eCollection be made publicly available at any time. ShakeAlert Project Coordinator. eComments Requested; Revision of a While you can ask us in your comment [FR Doc. 2019–15154 Filed 7–16–19; 8:45 am] Currently Approved Collection; FEL to withhold your personal identifying BILLING CODE 4338–11–P Out of Business Records information from public review, we cannot guarantee that we will be able to AGENCY: Bureau of Alcohol, Tobacco, do so. Firearms and Explosives, Department of INTERNATIONAL TRADE Abstract: This research is to assist Justice. COMMISSION development of the West Coast ACTION: 60-Day notice. Earthquake Early Warning System that [Investigation Nos. 701–TA–452 and 731– will send the public a ShakeAlert before TA–1129–1130 (Second Review)] SUMMARY: The Department of Justice they feel shaking from an earthquake (DOJ), Bureau of Alcohol, Tobacco, that has started. As part of the Raw Flexible Magnets From China and Firearms and Explosives (ATF), will ShakeAlert, the West Coast Early Taiwan; Determination submit the following information collection request to the Office of Warning system, we need to understand On the basis of the record 1 developed how long it will take to get messages to Management and Budget (OMB) for in the subject five-year reviews, the review and approval in accordance with people’s phones via wireless emergency United States International Trade alerts (WEA), applications (apps) or the Paperwork Reduction Act of 1995. Commission (‘‘Commission’’) The proposed collection OMB 1140– another alerting platform. We will be determines, pursuant to the Tariff Act of collecting the information via 0102 (FEL Out of Business Records) is 1930 (‘‘the Act’’), that revocation of the community feedback forms or surveys. being revised due to an increase in the countervailing duty order on raw These feedback forms will be made number of respondents to this IC, which flexible magnets from China and available via media, social media, and has also contributed to a rise in both the revocation of the antidumping duty internal emails. The information being public burden hours and cost associated orders on raw flexible magnets from collected is temporal information and with this IC, since the last renewal in China and Taiwan would be likely to our alerting platforms; namely: Wireless 2016. DATES: Emergency Alerts (WEA), mobile 1 The record is defined in sec. 207.2(f) of the Comments are encouraged and applications (APPS), sirens, and Commission’s Rules of Practice and Procedure (19 will be accepted for 60 days until broadcast alerts. Participants will be CFR 207.2(f)). September 16, 2019.

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FOR FURTHER INFORMATION CONTACT: If operation is discontinued, the records under specified circumstances. you have additional comments, must be delivered to the ATF Out of Specifically, NFPA has provided an regarding the estimated public burden Business Records Center within 30 days updated and current list of its standards or associated response time, of the business or operation development activities, related technical suggestions, or need a copy of the discontinuance. committee and conformity assessment proposed information collection 5. An estimate of the total number of activities. Information concerning NFPA instrument with instructions, or respondents and the amount of time regulations, technical committees, additional information, please contact: estimated for an average respondent to current standards, standards Ed Stely, Branch Chief, Tracing respond: An estimated 249 respondents development and conformity Operations and Records Management will utilize this information collection, assessment activities are publicly (TORM) either by mail at 244 Needy and it will take each respondent available at nfpa.org. Road, Martinsburg, WV 25405, by email approximately 30 minutes to complete On September 20, 2004, NFPA filed at [email protected], or by their responses. its original notification pursuant to telephone at 304–260–1515. 6. An estimate of the total public Section 6(a) of the Act. The Department SUPPLEMENTARY INFORMATION: Written burden (in hours) associated with the of Justice published a notice in the comments and suggestions from the collection: The estimated annual public Federal Register pursuant to Section public and affected agencies concerning burden associated with this collection is 6(b) of the Act on October 21, 2004 (69 the proposed collection of information 124.5 or 125 hours, which is equal to FR 61869). are encouraged. Your comments should 249 (# of respondents) * 1 (# of The last notification was filed with address one or more of the following responses per respondents) * .5 (30 the Department on March 25, 2019. A four points: minutes). notice was published in the Federal 7. An Explanation of the Change in —Evaluate whether the proposed Register pursuant to Section 6(b) of the Estimates: The adjustments associated collection of information is necessary Act on April 29, 2019 (84 FR 18087). with this information collection include for the proper performance of the an increase in the total respondents and Suzanne Morris, functions of the agency, including burden hours by 49 and 25 respectively, Chief, Premerger and Division Statistics Unit, whether the information will have since the last renewal in 2016. Antitrust Division. practical utility; Consequently, the cost burden has also [FR Doc. 2019–15142 Filed 7–16–19; 8:45 am] —Evaluate the accuracy of the agency’s BILLING CODE 4410–11–P estimate of the burden of the risen by $8,842 since 2016. If additional information is required proposed collection of information, contact: Melody Braswell, Department including the validity of the Clearance Officer, United States DEPARTMENT OF JUSTICE methodology and assumptions used; —Evaluate whether and if so how the Department of Justice, Justice Antitrust Division quality, utility, and clarity of the Management Division, Policy and information to be collected can be Planning Staff, Two Constitution Notice Pursuant to the National enhanced; and Square, 145 N Street NE, 3E.405A, Cooperative Research and Production —Minimize the burden of the collection Washington, DC 20530. Act of 1993—Advanced Media of information on those who are to Dated: July 12, 2019. Workflow Association, Inc. respond, including through the use of Melody Braswell, Notice is hereby given that, on June appropriate automated, electronic, Department Clearance Officer for PRA, U.S. 21, 2019, pursuant to Section 6(a) of the mechanical, or other technological Department of Justice. National Cooperative Research and collection techniques or other forms [FR Doc. 2019–15178 Filed 7–16–19; 8:45 am] Production Act of 1993, 15 U.S.C. 4301 of information technology, e.g., BILLING CODE 4410–FY–P et seq. (‘‘the Act’’), Advanced Media permitting electronic submission of Workflow Association, Inc. has filed responses. written notifications simultaneously DEPARTMENT OF JUSTICE Overview of This Information with the Attorney General and the Federal Trade Commission disclosing Collection Antitrust Division changes in its membership. The 1. Type of Information Collection notifications were filed for the purpose (check justification or form 83): Notice Pursuant to the National of extending the Act’s provisions Revision of a currently approved Cooperative Research and Production limiting the recovery of antitrust collection. Act of 1993—National Fire Protection 2. The Title of the Form/Collection: Association plaintiffs to actual damages under FEL Out of Business Records. specified circumstances. Specifically, Notice is hereby given that, on June 3. The agency form number, if any, Eben Jenkins (individual member), 20, 2019, pursuant to Section 6(a) of the and the applicable component of the Tigard, OR; and Kenny Munro National Cooperative Research and Department sponsoring the collection: (individual member), London, UNITED Form number (if applicable): None. Production Act of 1993, 15 U.S.C. 4301 KINGDOM, have been added as parties Component: Bureau of Alcohol, et seq. (‘‘the Act’’), National Fire to this venture. Tobacco, Firearms and Explosives, U.S. Protection Association (‘‘NFPA’’) has Also, Grass Valley Group, Richmond, Department of Justice. filed written notifications IN; and Paul Briscoe (individual 4. Affected public who will be asked simultaneously with the Attorney member), Toronto, CANADA, have or required to respond, as well as a brief General and the Federal Trade withdrawn as parties to this venture. abstract: Commission disclosing additions or No other changes have been made in Primary: Business or other for-profit. changes to its standards development either the membership or planned Other (if applicable): Individuals or activities. The notifications were filed activity of the group research project. households. for the purpose of extending the Act’s Membership in this group research Abstract: Per 27 CFR 555.128, when provisions limiting the recovery of project remains open, and Advanced an explosive materials business or antitrust plaintiffs to actual damages Media Workflow Association, Inc.

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intends to file additional written Department of Justice published a notice notice on proposed procedures, are notifications disclosing all changes in in the Federal Register pursuant to effective immediately. membership. Section 6(b) of the Act on July 15, 2009 ADDRESSES: Please send any questions On March 28, 2000, Advanced Media (74 FR 34364). about the final procedures for the 2020 Workflow Association, Inc. filed its The last notification was filed with Census LUCA Appeals process to: original notification pursuant to Section the Department on April 8, 2019. A Nancy Potok, Chief Statistician, Office 6(a) of the Act. The Department of notice was published in the Federal of Management and Budget, 9242 New Justice published a notice in the Federal Register pursuant to Section 6(b) of the Executive Office Building, Washington, Register pursuant to Section 6(b) of the Act on May 2, 2019 (84 FR 18864). DC 20503; email: Act on June 29, 2000 (65 FR 40127). Suzanne Morris, MBX.OMB.OIRA.2020LUCAAppeals The last notification was filed with [email protected]; fax number: the Department on March 21, 2019. A Chief, Premerger and Division Statistics Unit, Antitrust Division. (202) 395–7245. notice was published in the Federal Correspondence about the Census Register pursuant to Section 6(b) of the [FR Doc. 2019–15149 Filed 7–16–19; 8:45 am] Bureau’s 2020 Census LUCA Operation Act on April 12, 2019 (84 FR 14973). BILLING CODE 4410–11–P should be sent to: Robin Pennington, Suzanne Morris, Deputy Chief, Decennial Census Chief, Premerger and Division Statistics Unit, Management Division Program Management Office, U.S. Census Antitrust Division. OFFICE OF MANAGEMENT AND Bureau, Washington, DC 20233; [FR Doc. 2019–15122 Filed 7–16–19; 8:45 am] BUDGET telephone: (301) 763–8132; email: BILLING CODE 4410–11–P Office of Information and Regulatory [email protected]. Affairs; Procedures for Participating in Because of delays in the receipt of DEPARTMENT OF JUSTICE the Appeals Process for the 2020 regular mail related to security Census Local Update of Census screening, respondents are encouraged Antitrust Division Addresses (LUCA) to use electronic communications. FOR FURTHER INFORMATION CONTACT: Notice Pursuant to the National AGENCY: Office of Information and Kerrie Leslie, Office of Management and Cooperative Research and Production Regulatory Affairs, Office of Budget, 9215 New Executive Office Act of 1993—Pistoia Alliance, Inc. Management and Budget (OMB), Building, Washington, DC 20503; Notice is hereby given that, on June Executive Office of the President. telephone: (202) 395–1093; email: 26, 2019, pursuant to Section 6(a) of the ACTION: Notice of final procedures. MXB.OMB.OIRA.2020LUCAAppeals National Cooperative Research and [email protected], with the subject Production Act of 1993, 15 U.S.C. 4301 SUMMARY: As part of implementing the ‘‘2020 Appeals Process Question’’. et seq. (‘‘the Act’’), Pistoia Alliance, Inc. Census Address List Improvement Act The 2020 Census LUCA Appeals has filed written notifications of 1994, the Office of Management and Office can be reached at 301–763–6869 simultaneously with the Attorney Budget (OMB) publishes the final or via email at INFO@LUCA- General and the Federal Trade procedures for the 2020 Census Local Appeals.gov. Commission disclosing changes in its Update of Census Addresses (LUCA) SUPPLEMENTARY INFORMATION: membership. The notifications were Appeals process, as described in the The Census Address List Improvement filed for the purpose of extending the SUPPLEMENTARY INFORMATION section Act of 1994 Act’s provisions limiting the recovery of below. Tribal, state and local antitrust plaintiffs to actual damages governments participating in the 2020 The Census Address List under specified circumstances. Census LUCA Operation may appeal Improvement Act of 1994 (Pub. L. 103– Specifically, Lauren Brom (individual determinations made by the Census 430) mandates the establishment of a member), New York, NY; Sunil Soni Bureau with respect to their suggested program to be used by the Census (individual member), Warfield, UNITED changes to the 2020 Census Address Bureau for developing the decennial KINGDOM; Patrick Ng (individual List. Proposed procedures were census address list and address lists for member), Chromos, SINGAPORE; published as a notice for public other censuses and surveys conducted Ontotext (aka Sirma AI), Sofia, comment in the Federal Register on by the Bureau. The Act’s provisions BULGARIA; Eric Neumann (individual May 21, 2018. This final notice direct the Secretary of Commerce to: (1) member), Duxbury, MA; Hall Gregg summarizes the comments received on Publish standards defining the content (individual member), Chattanooga, TN; the proposed procedures, and provides and structure of address information Avi Ma’ayan (individual member), New responses to those comments. For that tribal, state and local governments York, NY; and Anthony DiBiase informational purposes, this final notice may submit to be used in developing a (individual member), Wellesley, MA, further describes the 2020 Census LUCA national address list; (2) develop and have been added as parties to this Feedback materials that the Census publish a timetable for the Census venture. Bureau will provide to participating Bureau to receive, review, and respond No other changes have been made in governments and how those to submissions; and (3) provide a either the membership or planned governments can use the materials as response to the submissions regarding activity of the group research project. the basis for an appeal. the Census Bureau’s determination for Membership in this group research Electronic Availability: Federal each address. The Act provides further project remains open, and Pistoia Register notices are available that OMB’s Administrator of the Office Alliance, Inc. intends to file additional electronically at https:// of Information and Regulatory Affairs written notifications disclosing all www.federalregister.gov/. (OIRA), acting through the Chief changes in membership. DATES: The final procedures for the 2020 Statistician and in consultation with the On May 28, 2009, Pistoia Alliance, Census LUCA Appeals process, which Census Bureau, shall develop a process Inc. filed its original notification reflect revisions based on public for tribal, state, and local governments pursuant to Section 6(a) of the Act. The comment received in response to the to appeal determinations of the Census

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Bureau. In addition, the Act directs the Appeals procedures have been revised location or the correct state, county, U.S. Postal Service to provide the to allow a variety of approaches for census tract, and census block codes). Secretary of Commerce with address providing supporting documentation for Additionally, all LUCA participants information, as appropriate, for use by appealed addresses. For example, the could make updates and corrections to the Census Bureau. same set of supporting evidence may be the features on the Census Bureau- The Act authorizes the Census Bureau applied to a group of addresses instead supplied maps or digital shapefiles. to provide designated officials of tribal, of requiring unique documentation for All participants were required to sign state, and local governments with access each address (see Section 3 on a Confidentiality Agreement in to census address information. Prior to Supporting Documentation). accordance with Section 9 of Title 13 of the 2000 Census, the Census Bureau was (2) Comments related to the duration the United States Code to maintain the limited to providing block summary of the appeals process noted that 45 confidentiality of the census address totals of addresses to tribal and local days was not enough time for information they received from the governments. The 2000 Census marked participants to complete the process. Census Bureau for review. Participants the first decennial census where tribal Response: While commenters received the full 2020 Census Address and local governments were able to suggested that the 45-day review and List, an Address Count List, and census review and suggest updates to the submission period was not ample time maps or digital shapefiles of their census address list. The 2010 Census to complete the process, no changes will jurisdiction. Participants were required was the first decennial census to invite be made to the 45-day period. The 2020 to have the means to secure the census State governments to participate in the Census LUCA Appeals Office staff must address list containing Title 13 LUCA Operation. The 2020 Census be afforded sufficient time to review the information, including through the time LUCA Operation marks the first time appealed addresses and make a the 2020 Census LUCA Appeals process that address list materials sent to determination. This, in conjunction is complete (should the participant file participants for review include the with the strict deadline for accepted an appeal). addresses for and designations of group appeals to be included in the Census The 2020 Census LUCA Address quarters locations. Bureau’s nonresponse follow-up operation, is the reason the 45-day Validation Process Summary of and Responses to timeframe cannot be extended. Thus, Addresses submitted by 2020 Census Comments Received on the Proposed the timeframe for submitting an appeal LUCA participants were validated by Procedures for Participating in the to the 2020 Census LUCA Appeals Census Bureau staff. During LUCA Appeals Process for the 2020 Census Office remains 45 days from the date an validation, Census Bureau staff Local Update of Census Addresses eligible government receives their LUCA reviewed address updates (additions, Operation (LUCA) Feedback materials. corrections, and deletions) supplied by The proposed procedures for the participants, including confirming participating in the appeals process for The Census Bureau’s 2020 Census that the addresses are listed in the the 2020 Census LUCA Operation were LUCA Operation—Background correct census block. Census Bureau published in the Federal Register on The 2020 Census LUCA Operation staff then verified, modified, or rejected May 21, 2018 (83 FR 23,487). That was available to tribal, state, and local the updates submitted, and when notice sought public comment on the governments located in areas for which appropriate, added, deleted, or proposed procedures. OMB received 24 the Census Bureau develops an address corrected entries on the 2020 Census comments in response to the notice and, list in advance of the census. This LUCA Address List. Corrections to of those, 23 advocated for a less operation provided for a review and census maps based on LUCA participant burdensome approach to the appeals update of the 2020 Census LUCA submissions were also processed. For process for both the participants Address List. The Census Bureau issued the 2020 Census LUCA Operation, the appealing the Census Bureau’s final procedures for participation in the Census Bureau will provide feedback to determinations and the 2020 Census 2020 Census LUCA Operations in a LUCA participants, conveying the LUCA Appeals Office staff. Ten Federal Register Notice on November 7, Bureau’s determinations of their comments requested that the 2016 (81 FR 78,109). This section submission of additions and updates to participants have longer than 45 days to provides more detail on the process that the census address information, during review the Census Bureau tribal, state, and local governments used the summer of 2019. determinations and file an appeal. One to participate in the 2020 Census LUCA Operation. The 2020 Census LUCA Feedback comment was out-of-scope. Materials Summary of and Responses to For the 2020 Census LUCA Operation, Comments: participating governments (participants) The 2020 Census LUCA Feedback (1) The burden described in most of review and provide updates to the materials will reflect the determinations the comments was related to providing census address list. Participants opted made by the Census Bureau. For the supporting documentation for each to receive materials in paper or 2020 LUCA Appeals process, the appealed address individually. It was computer-readable formats, or to use participants will be able to appeal suggested that it would be extremely Census Bureau supplied software to addresses rejected from their expensive and time-consuming for update their jurisdiction’s map features submission during the Census Bureau’s tribal, state, and local governments to and address list. Participating LUCA review or those deleted by provide documents such as those governments with more than 6,000 another level of government also recommended in the procedures for addresses were required to use a participating in the 2020 Census LUCA every address that they appeal. It was computer readable address list or the Operation. Addresses may not be added suggested that a more generalized Census Bureau’s supplied software. All or corrected during the appeals process. approach be used for documenting the LUCA participants were required to New addresses resulting from new validity of their appealed addresses. geocode each address they added (i.e., construction should have been included Response: To help alleviate the identify for an individual address its in the 2020 Census Address List by burden that participants noted in their correct geographic location including participating in the Census Bureau’s comments, the 2020 Census LUCA the latitude/longitude coordinate New Construction Program.

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The Census Bureau will provide 2020 the 2020 Census LUCA review phase LUCA Appeals process, the appeals Census LUCA Feedback materials to that the full address list may be more process afforded 15 calendar days for qualifying governmental jurisdictions in burdensome than beneficial to the Census Bureau to provide the same media format requested for the participants as part of the 2020 Census information to the LUCA Appeals Office initial LUCA review materials. The LUCA Feedback materials. to support the determination made for Census Bureau will create these The OMB Office of Information and an address or group of addresses. For materials over the span of Regulatory Affairs Administrator’s the 2020 Census LUCA Appeals process, approximately 6 weeks starting in July Final 2020 Census LUCA Appeals the Census Bureau has decided 2019 and ending in September 2019. Process proactively to provide to the 2020 The 2020 Census LUCA Feedback Census LUCA Appeals Office staff read- materials are to be used by participants To ensure that tribal, state, and local only access to all documentation as the basis for any appealed addresses. governments participating in the 2020 supporting the address determination The Census Bureau will provide 2020 Census LUCA Operation have a means made by the Census Bureau. This will Census LUCA Feedback materials to to appeal the Census Bureau’s include read-only access to the LUCA tribal, state, or local governments that determinations, the Census Address List production control system, the LUCA took part in any of the following actions: Improvement Act of 1994 requires that master table, and each participating (1) Submitted updates (i.e., additions, the Administrator of OMB’s Office of government’s LUCA Feedback material. corrections, deletions) to city-style Information and Regulatory Affairs For this reason, the 15-day period for (house number and street name) (OIRA), acting through the Chief the Census Bureau to provide any addresses on the LUCA Address List, or Statistician and in consultation with the additional information to support their (2) Certified to the Census Bureau at Census Bureau, develop an Appeals determination is no longer necessary. the end of their 2020 Census LUCA Process to resolve any disagreements Appeal decisions will be based on a review that the LUCA Address List was that may remain after participating review of a written explanation and correct and needed no update. governments receive the Census supporting documentation provided to The 2020 Census LUCA Feedback Bureau’s LUCA Feedback materials and the 2020 Census LUCA Appeals Office materials that the Census Bureau will make a final decision on the inclusion staff by the eligible government and a provide to each participating of appealed addresses. This Appeals review of the documentation supplied government will document which local Process will be carried out through a proactively by the Census Bureau address additions and updates the temporary federal entity, the 2020 explaining how they made their address Census Bureau accepted or did not Census LUCA Appeals Office. This determination. The 2020 Census LUCA accept. The 2020 Census LUCA section describes the final procedures Appeals Office is scheduled to conclude Feedback materials will use the same for the Appeals Process. its review no later than January 3, 2020, census blocks and mapped boundaries A. Overview of the Final 2020 Census to ensure that its decisions are reflected as in the review phase of the operation LUCA Appeals Process in the 2020 Census Address List used (i.e., with a reference date of January 1, Governmental jurisdictions that for the nonresponse follow-up 2017). operation. The decisions made by the The 2020 Census LUCA Feedback participated in the 2020 Census LUCA Operation and completed a review of 2020 Census LUCA Appeals Office will materials will include: be final. (1) A Detailed Feedback Address List LUCA materials may file an appeal if they meet the eligibility criteria. When The final eligibility criteria and that shows each correctly formatted detailed requirements for appeal address record addition and update filing an appeal, eligible governments must include evidence in the form of submissions are provided below. New submitted by the participant and a addresses or corrections to previously processing code that identifies a specific supporting documentation that substantiates the existence and location submitted addresses will not be action taken by the Census Bureau on accepted as part of the Appeals Process. that address record. of appealed addresses. (Eligible (2) A Full Address Count List that governments are those that participated B. Final 2020 Census LUCA Appeals shows the current residential address in the 2020 Census LUCA Operation Procedures for LUCA Participants counts, including those for housing and have addresses that are considered Eligibility Criteria for Filing an Appeal units and group quarters, for each to be eligible for appeal, as described census block within the participant’s later in this Notice.) For the 2020 Participants who either returned jurisdiction. Census LUCA Appeals process, the additions or corrections to the 2020 (3) A Feedback Address Update same set of supporting evidence may be Census LUCA Address List or certified Summary Report that displays the applied to a group of addresses instead to the Census Bureau after their LUCA tallies of actions taken by the Census of requiring unique documentation for review that the 2020 Census LUCA Bureau for all of the address updates each address. Eligible tribal, state, and Address List was correct and required submitted by the participant. local governments may file an appeal no update are eligible to file an appeal. (4) Feedback maps that include with the 2020 Census LUCA Appeals Eligible governments may appeal feature updates provided by the Office and must submit their appeal addresses that were provided during the participant. within 45 calendar days from the time LUCA operation that the Census Bureau Since the issuance of the May 21, of their 2020 Census LUCA Feedback did not accept. They may also appeal 2018, Federal Register notice (83 FR material receipt. Appeals submitted addresses that were not commented on 23,487) on the proposed procedures for after the 45-day period are no longer during their initial LUCA review that the 2020 Census LUCA Appeals process, eligible. The 2020 Census LUCA were since deleted from the 2020 the Census Bureau made a decision not Appeals Office staff will notify the Census LUCA Address List either by the to include the full address list as part of submitting eligible government and the Census Bureau during subsequent the 2020 Census LUCA Feedback Census Bureau of receipt of the eligible internal census operations or by another materials. The Census Bureau government’s submission. level of government participating in determined based on 2020 Census For both the 2000 Census LUCA LUCA. However, eligible governments LUCA participant experiences during Appeals process and the 2010 Census may not use the Appeals Process to

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provide corrections to previously (e) State code, County code, census supporting evidence include, but are not submitted addresses. tract number, census block number, and limited to: When filing an appeal, eligible Latitude/Longitude coordinate location. 1. Documentation of on-site governments must provide: Additional details for submitting an inspection or interview of residents or (1) Contact information for the appeal are provided in Chapter 3 of the neighbors; governmental jurisdiction filing the 2020 Census LUCA Feedback 2. Issuance of recent occupancy appeal, along with a Confidentiality Respondent Guides, available at https:// permit(s) for unit(s). Building permits Agreement Form for any staff member www.census.gov/programs-surveys/ are not acceptable, as they do not ensure participating in the 2020 Census LUCA decennial-census/about/luca.html. that a unit has been built; Appeals submission who has not yet (3) Supporting Documentation 3. Provision of utility records completed one; The 2020 Census LUCA Appeals (electricity, gas, sewer, water, telephone, (2) Correctly formatted address record Office requires eligible governments to etc.) for the addresses; these records information for each address being provide evidence of existence and should show that the address is not a appealed; and location for appealed addresses. To this service to a commercial unit, or an (3) Supporting documentation that end, eligible governments must provide additional service to an existing address independently or collectively the supporting documentation for (such as a second telephone line). authenticates both the existence and appealed addresses as specified in (a) 4. Provision of other governmental location of addresses being appealed. through (c) below. services (housing assistance, welfare, Each of these components are For the 2020 Census LUCA Appeals etc.) to residents of the unit(s); described in further detail below: process, the same set of supporting 5. Photography including aerial (1) Contact Information and evidence may be applied to a group of photography or satellite imagery; Confidentiality Agreement Forms addresses instead of requiring unique 6. Land use maps; documentation for each address. For Eligible governments must provide 7. Local 911 emergency lists, if they example, eligible governments may the following contact information for distinguish residential from commercial supply one set of supporting evidence the governmental jurisdiction filing an units; for related addresses such as those appeal: 8. Tax assessment records, if they associated with a single housing (a) Name of the governmental distinguish residential from commercial development or complex if the set of jurisdiction, and units. supporting evidence substantiates the (b) Name, mailing address, telephone existence of the full set of linked C. Deadline for an Eligible Government number, and electronic mail address (if addresses. In other cases, a set of To File an Appeal any) of that jurisdiction’s contact person addresses may be supported by a for the appeal. The filing date for appeals by the (c) In addition, all staff members written description of a detailed process eligible government must be within 45 participating in the 2020 Census LUCA to review and verify the appealable calendar days after that government’s Appeals submission must have a addresses using reliable sources. This receipt of the 2020 Census LUCA completed Confidentiality Agreement narrative must be supplemented with a Feedback materials. ‘‘Receipt’’ as used Form on record. Eligible governments selection of appealed addresses herein is defined as the delivery date must provide completed Confidentiality associated with an exact location and reported to the Census Bureau by the Agreement Forms for any staff member proven with one of the evidence types delivery service that transmits the who did not previously complete one suggested by item (c) below. feedback materials to the government. for the 2020 Census LUCA Operation. Eligible governments must submit the The ‘‘filing date’’ for the appeals shall following supporting documentation be the date the appeal is transmitted, (2) Address Information with their appeals: and all appeals filed after the 45- Address information may be (a) A written explanation of the calendar day deadline are not eligible. submitted in computer-readable form or eligible government’s position that the In order to safeguard the confidential on paper. The eligible government must Appeals Office staff should adopt its address materials covered by Title 13, provide the complete address record as recommendations. the transmitting of an appeal to the 2020 it appears in the Detailed LUCA (b) A detailed description of the Census LUCA Appeals Office must Feedback Address List for each address source(s) that help to verify the adhere to the Census Bureau’s specific appealed address. This action ensures existence of the address or group of guidelines for handling materials that the unique Control ID number as addresses. For each address source used supplied with the feedback materials, well as the address and geographic to support the existence of the address and must keep a record of the date it location are retained with the record. or group of addresses, the description transmits these materials to the 2020 The participant action code also must be should include the following: Census LUCA Appeals Office. 1. Date of address source; provided. This record should be D. Where To File an Appeal consistent with items listed below: 2. how often the address source is (a) Complete address (including the updated; Appeals must be sent to the 2020 house number, unit designator (if 3. methods used to update the source; Census LUCA Appeals Office either applicable), street name, and Zip Code) 4. quality assurance procedure(s) used electronically using the secure web- or if there is no address for a location, in maintaining the address source; and incoming module described in the a physical description of the housing 5. how the address source is used by feedback materials or by mail to this unit or living quarters. the eligible government and/or by the address: 2020 Census LUCA Appeal (b) Control ID number, as provided by originator of the source. Office, Attn: LUCA Appeals Office, 1201 the Census Bureau for each address (c) Evidence to support the existence E. 10th Street, Jeffersonville, IN 47132. record as part of the feedback address of the appealed address. The evidence Upon receipt of an appeal, the 2020 list. must be linked directly to a particular Census LUCA Appeals Office will send (c) Participant submitted action code. appealed address or particular set of a confirmation of receipt to the eligible (d) Census Bureau processing code. appealed addresses. Useful types of jurisdiction. The 2020 Census LUCA

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Appeals Office also will notify Census documentation of an on-site inspection, to, nor shall a person be subject to a Bureau staff of the filed appeal. aerial photography, or a provision of penalty for failure to comply with, a utilities to the residence. collection of information subject to the E. Documentation and Supporting (2) For any address for which the requirements of the Paperwork Evidence Provided by the Census Appeals Officer determines that the Reduction Act (PRA), Chapter 35 of Bureau quality of the supporting evidence Title 44 of the United States Code, For both the 2000 Census and the supplied by the eligible government and unless that collection of information 2010 Census, the LUCA appeals process the Census Bureau is of equal weight, displays a current, valid Office of afforded 15 calendar days for the Census the Appeals Officer shall decide in favor Management and Budget (OMB) control Bureau to provide information to the of the eligible government. number. In accordance with the PRA, LUCA Appeals Office to support the (3) For any address submitted by more the Census Bureau requested, on determination made for an address or than one governmental entity for which November 14, 2016, and OMB granted, group of addresses. For the 2020 Census the Appeals Officer determines the on December 15, 2016, clearance for the LUCA Appeals process, the Census quality of the supporting evidence information collection requirements of Bureau has decided to provide submitted by both parties is of equal this operation (OMB Control Number proactively to the LUCA Appeals Office weight, the Appeals Officer will decide 0607–0994). staff read-only access to all in favor of the lower level of documentation supporting the address government. Nancy Potok, determination made by the Census At the conclusion of the review of an Chief Statistician, Office of Management and Bureau. This will include read-only appealed address (or group of appealed Budget. access to the LUCA production control addresses), the Appeals Officer will [FR Doc. 2019–15168 Filed 7–16–19; 8:45 am] system, the LUCA master table, and prepare a draft written analysis for BILLING CODE 3110–01–P each participating government’s LUCA review by the Director or Deputy Feedback material. For this reason, the Director of the 2020 Census LUCA 15-day period for the Census Bureau to Appeals Office. The Director or Deputy MILLENNIUM CHALLENGE provide any additional information to Director will issue a written final CORPORATION support its determination is no longer determination to both the eligible [MCC FR 19–04] necessary. government and the Census Bureau. The F. The Appeals Review and Final written final determination will include Millennium Challenge Corporation Decision Process a brief explanation of the 2020 Census Economic Advisory Council Call for LUCA Appeals Office decision, and will Nominations The Appeals Process will be specify which appealed addresses were administered by staff in the 2020 Census accepted and which were not accepted. AGENCY: Millennium Challenge LUCA Appeals Office. The 2020 Census Each written final determination shall Corporation. LUCA Appeals Office will operate for become part of the administrative record ACTION: Notice. approximately 15 months as a of the 2020 Census LUCA Appeals temporary Federal entity and will SUMMARY: In accordance with the Process. The decision of the 2020 include Appeals Officers who are requirements of the Federal Advisory Census LUCA Appeals Office is final. trained in the procedures for processing Committee Act, 5 U.S.C.—App., the The Census Bureau will include all an appeal and in the examination and Millennium Challenge Corporation addresses accepted as a result of the analysis of address information, (MCC) is hereby soliciting Appeals Process in the 2020 Census locations of addresses and housing representative nominations for the MCC Address List, and will attempt to units, and supporting materials. For Economic Advisory Council (‘‘The enumerate them all during the each appeal, the 2020 Census LUCA EAC’’). The EAC serves MCC in a solely nonresponse follow-up operation. Appeals Officers will review the Census advisory capacity and provides advice Inclusion in this operation does not Bureau’s feedback materials and the and guidance to economists, evaluators, guarantee that a successful enumeration written explanation and supporting leadership of the Department of Policy will occur, or that the address will be evidence submitted by the eligible and Evaluation (DPE), and senior MCC included in the final 2020 Census data government, and any materials supplied leadership regarding relevant trends in summaries. by the Census Bureau. No testimony or development economics, applied oral argument will be received by the G. Completion of the Appeals Process economic and evaluation methods, 2020 Census LUCA Appeals Office. The The 2020 Census LUCA Appeals poverty analytics, as well as modeling, 2020 Census LUCA Appeals Officers Process is scheduled to be completed by measuring, and evaluating development will apply the following principles in the end of January 2020. Appeals will be interventions, including without conducting their review: reviewed and completed on a flow limitation social and gender inclusion. (1) The Appeals Officer shall consider basis, with the written final In doing so, an overarching purpose of the quality of the supporting evidence determination issued to the concerned the EAC is to sharpen MCC’s analytical provided by the eligible government as parties as soon as possible. methods and capacity in support of the basis for determining the validity of continuing development effectiveness. It an address (or group of addresses) and Executive Orders 12866 and 13771 also serves as a sounding board and its (their) location(s). Indicators This final procedural notice is not a reference group for assessing and demonstrating quality of supporting significant regulatory action under advising on strategic policy innovations evidence may include, but are not Executive Order 12866. In addition, this and methodological directions in MCC. limited to, timeliness, update methods final notice is not an E.O. 13771 The EAC focuses on issues related to and frequency of update, provenance, regulatory action. the analytical products and strategy and congruence with other sources. For used as inputs to compact and threshold example, useful supporting evidence Paperwork Reduction Act program development and decision may include, but would not be limited Notwithstanding any other provision making, on learning from MCC to, local data sources like recent of law, no person is required to respond experience about program effectiveness

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and impact, and to reflect on the phone and email address) of the Nominations are open to all broader global development trends and individual under consideration; individuals without regard to race, context of MCC’s work. The EAC • A letter containing a brief biography color, religion, sex, national origin, age, provides advice, recommendations, and for the nominee and description why mental or physical disability, marital guidance from experts in academia and the nominee should be considered for status, or sexual orientation. the international development membership; Dated: July 9, 2019. • CV including professional and community on the design and Jeanne M. Hauch, implementation of programs in a academic credentials; VP/General Counsel and Corporate Secretary. structured and integrated manner. Please do not send company, or The EAC is seeking members from a organization brochures or any other [FR Doc. 2019–15209 Filed 7–16–19; 8:45 am] range of academic organizations, information. Materials submitted should BILLING CODE 9211–03–P independent think tanks, and total two pages or less, excluding CV. international development agencies to Should more information be needed, add to its current membership. Members MCC staff will contact the nominee, NATIONAL AERONAUTICS AND will be chosen to represent a diversity obtain information from the nominee’s SPACE ADMINISTRATION of expertise, background and geographic past affiliations, or obtain information [Notice: 19–140] experience. from publicly available sources. Additional information about MCC The EAC provides advice to MCC on Reporting Requirements Regarding and its portfolio can be found at issues related to growth and Findings of Harassment, Sexual www.mcc.gov. development in low and middle income Harassment, Other Forms of countries including: DATES: Nominations for EAC members Harassment, or Sexual Assault must be received on or before 5 p.m. 1. New perspectives on economic development AGENCY: National Aeronautics and EDT on August 2, 2019. Further Space Administration. information about the nomination 2. Innovative approaches to growth ACTION: Request for public comment; process is included below. analytics Correction. MCC plans to host the next EAC 3. Innovations in program and project meeting in late 2019. The Council will evaluation 4. Applied microeconomics and cost- SUMMARY: The National Aeronautics and meet at least one time per year in Space Administration (NASA) is Washington, DC or via video/ benefit analytics 5. Poverty and income dynamics correcting a document that appeared in teleconferencing. 6. Social development and the the Federal Register on July 10, 2019, ADDRESSES: All nomination materials or economics of gender concerning request for public comment requests for additional information 7. Other innovations in the field of on the Agency’s proposed should be emailed to MCC’s Economic development economics and implementation of new reporting Advisory Council Designated Federal evaluation requirements regarding harassment Officer, Brian Epley at MCCEACouncil@ among recipients of NASA financial All members of the EAC will be mcc.gov or mailed to Millennium assistance. The document that independent of the agency, representing Challenge Corporation, Attn: Brian published was an incorrect version. the views and interests of their Epley, 1099 14th St. NW, Suite 700, This document is the correct version. respective industry or areas of expertise, Washington, DC 20005. DATES: Comments must be received by and not as Special Government August 16, 2019. FOR FURTHER INFORMATION CONTACT: Employees. All members shall serve Brian Epley, 202.772.6515, without compensation. The duties of the ADDRESSES: Comments should be [email protected] or visit EAC are solely advisory and any addressed to National Space and www.mcc.gov/about/org-unit/economic- determinations to be made or actions to Aeronautics Administration advisory-council. be taken on the basis of EAC advice Headquarters, 300 E Street SW, Rm. SUPPLEMENTARY INFORMATION: The EAC shall be made or taken by appropriate 6O87, Washington, DC 20546 or sent by shall consist of not more than twenty officers of MCC. email to [email protected]; Phone (20) individuals who are recognized Nominees selected for appointment to Number: 202–358–2180, FAX Number: experts in their field, academics, the EAC will be notified by return email 202–358–3336. We encourage innovators and thought leaders and receive a letter of appointment. A respondents to submit comments representing (without limitation) selection team will review the electronically to ensure timely receipt. academic organizations, independent nomination packages. Members will be We cannot guarantee that comments think tanks, international development determined by the Vice President for mailed will be received before the agencies, multilateral and regional Policy and Evaluation based on criteria comment closing date. Please include development financial institutions, and including: ‘‘Reporting Requirement Regarding foundations. Efforts will be made to (1) Professional experience, and Findings of Sexual Harassment, other include expertise from developing knowledge; (2) academic field and Forms of Harassment, or Sexual countries, within the resource expertise; (3) experience within regions Assault’’ in the subject line of the email constraints of the MCC to support in which MCC works; (4) contribution of message; please also include the full logistic costs. diverse regional or technical body of your comments in the text of the Qualified individuals may self- professional perspectives, and (5) message and as an attachment. Include nominate or be nominated by any availability and willingness to serve. your name, title, organization, postal individual or organization. To be In the selection of members for the address, telephone number, and email considered for the EAC, nominators EAC, MCC will seek to ensure a address in your message. should submit the following balanced representation and consider a FOR FURTHER INFORMATION CONTACT: information: cross-section of those directly affected, Richard N. Reback, email: • Name, title, organization and interested, and qualified, as appropriate [email protected]; telephone relevant contact information (including to the nature and functions of the EAC. (202)358–2180.

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SUPPLEMENTARY INFORMATION: regulations, or executive orders relating statutes, regulations, or executive orders to sexual harassment, other forms of relating to sexual harassment, other Correction harassment, or sexual assault. Finally, forms of harassment, or sexual assault; In the Federal Register of July 10, the award term and condition specifies and/or (2) if the PI or any Co-I is placed 2019, in FR Doc. 2019–14653, on page the procedures that will be followed by on administrative leave or if any 32964 in the first column, correct the NASA upon receipt of a report. administrative action has been imposed SUMMARY and SUPPLEMENTAY The full text of the new term and on the PI or any Co-I by the recipient INFORMATION to read as follows: condition is provided below: relating to any finding/determination or SUMMARY: The many hundreds of U.S. Reporting Requirements Regarding an investigation of an alleged violation institutions of higher education and Sexual Harassment, Other Forms of of the recipient’s policies or codes of other organizations that receive NASA Harassment, or Sexual Assault conduct, statutes, regulations, or funds are responsible for fully executive orders relating to sexual investigating complaints and for (a) The Principal Investigator (PI) and harassment, other forms of harassment, compliance with federal non- any Co-Investigator(s) (Co-I) identified or sexual assault.1 Such reporting must discrimination laws, regulations, and on an NASA award are in a position of be submitted by the Authorized executive orders. The implementation of trust. These individuals must comport Organizational Representative (AOR) to new reporting requirements is necessary themselves in a responsible and NASA’s Office of Diversity and Equal as NASA seeks to help ensure research accountable manner during the award Opportunity at [email protected] environments to which the Agency period of performance, whether at the within seven business days from the provides funding are free from sexual recipient’s institution, on-line, or at date of the finding/determination, or the harassment, other forms of harassment, locales such as field sites, facilities, or date of the placement of a PI or Co-I by and sexual assault. Additionally, NASA conferences/workshops. Above all, the recipient on administrative leave or is taking this action to bolster our NASA wishes to assure the safety, the imposition of an administrative policies, guidelines, and integrity, and excellence of the action.2 communications. The intended effect of programs and activities it funds. (d) Recipient agrees to insert the this action is, first, to better ensure that (b) For purposes of this term and substance of this term and condition in organizations funded by NASA clearly condition, the following definitions any subaward/subcontract involving a understand expectations and apply: co-investigator. Recipient will be 1. Administrative Leave/ requirements. In addition, NASA seeks responsible for ensuring that all reports, Administrative Action: Any temporary/ to ensure that recipients of grants and including those related to co- interim suspension or permanent cooperative agreements respond investigators, comply with this term and removal of the PI or Co-I, or any promptly and appropriately to instances condition. administrative action imposed on the PI of sexual harassment, other forms of (e) Each report must include the or Co-I by the recipient under harassment, and sexual assault. following information: organizational policies or codes of • NASA Award Number; SUPPLEMENTARY INFORMATION: As a U.S. conduct, statutes, regulations, or • Name of PI or Co-I being reported; 1 funding Agency of scientific research executive orders, relating to activities, Type of Report: Select one of the and development, and the primary including but not limited to the following: funding Agency for aeronautics and following: teaching, advising, • Finding/Determination that the space research and technology, NASA is mentoring, research, management/ reported individual has been found to committed to promoting safe, administrative duties, or presence on have violated the recipient’s policies or productive research and education campus. codes of conduct, statutes, regulations, environments for current and future 2. Finding/Determination: The final or executive orders relating to sexual scientists and engineers. We consider disposition of a matter involving sexual harassment, other forms of harassment, the Principal Investigator (PI) and any harassment or other form of harassment or sexual assault; or Co-Investigator(s) (Co-I) identified on a under organizational policies and • Placement by the recipient of the NASA award and all personnel processes, to include the exhaustion of reported individual on administrative supported by a NASA award must not permissible appeals exercised by the PI leave or the imposition of any engage in harassing behavior during the or Co-I, or a conviction of a sexual administrative action on the PI or any award period of performance whether at offense in a criminal court of law. Co-I by the recipient relating to any the recipient’s institution, on-line, or 3. Other Forms of Harassment: Non- finding/determination, or an outside the organization, such as at field gender or non-sex-based harassment of investigation of an alleged violation of sites or facilities, or during conferences individuals protected under federal civil the recipient’s policies or codes of and workshops. rights laws, as set forth in organizational Upon implementation, the new term policies or codes of conduct, statutes, 1 Recipient findings/determinations and and condition will require recipient regulations, or executive orders. placement of a PI or Co-I on administrative leave organizations to report to NASA any 4. Sexual harassment: May include or the imposition of an administrative action must be conducted in accordance with organizational findings/determinations of sexual but is not limited to gender or sex-based policies and processes. They also must be harassment, other forms of harassment, harassment, unwelcome sexual conducted in accordance with federal laws, or sexual assault regarding a NASA attention, sexual coercion, or creating a regulations, and executive orders. funded PI or Co-I. The new term and hostile environment, as set forth in 2 Such report must be provided regardless of condition will also require the recipient organizational policies or codes of whether the behavior leading to the finding/ determination, or placement on administrative to report to NASA if the PI or Co-I is conduct, statutes, regulations, or leave, or the imposition of an administrative action placed on administrative leave or if the executive orders. occurred while the PI or Co-I was carrying out recipient has imposed any (c) The recipient is required to report award activities. administrative action on the PI or Co-I, to NASA: (1) Any finding/determination 1 Only the identification of the PI or Co-I is required. Personally identifiable information or any determination or an investigation regarding the PI or any Co-I that regarding any complainants or other individuals of an alleged violation of the recipient’s demonstrates a violation of the involved in the matter must not be included in the policies or codes of conduct, statutes, recipient’s policies or codes of conduct, report.

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conduct, statutes, regulations, or Specific Requirements to the Research review. The element establishes policies executive orders relating to sexual Terms and Conditions, the Grant to emphasize Washington as the seat of harassment, other forms of harassment, General Conditions, and the Cooperative the federal government; efficiently plan or sexual assault. Agreement—Financial and and locate federal workplaces so they The recipient must also provide: Administrative Terms and Conditions. contribute to the National Capital • A description of the finding/ These revised terms and conditions will Region’s economic well-being; promote determination and action(s) taken, if become effective thirty days from the resource protection; and provide any; and/or date of publication in the Federal sustainable and healthy work • The reason(s) for, and conditions of Register and will be available in the environments for its workforce. The placement of the PI or any Co-I on NASA Grants and Cooperative draft is available online for review at administrative action or administrative Agreement Manual (GCAM). https://www.ncpc.gov/initiatives/ leave. The new term and condition will be workplace. The recipient, at any time, may applied to all new NASA awards and propose a substitute investigator if it DATES: The public comment period funding amendments to existing awards closes September 16, 2019. determines the PI or any Co-I may not made on or after the effective date. This be able to carry out the funded project Public Meetings: NCPC will host two new reporting requirement will apply to open house events for the public to or activity and/or abide by the award all findings/determinations that occur terms and conditions. learn more about the Element. The first on or after the effective date of the terms open house will be on August 6, 2019 In reviewing the report, NASA will and conditions. With regard to consider, at a minimum, the following from 6:00 p.m. to 7:30 p.m. The second notification of placement on open house will be August 7, 2019 from factors: administrative leave, the recipient must a. The safety and security of 10:30 a.m. to 12:00 p.m. The meetings notify NASA within seven business will be held at NCPC (same address as personnel supported by the NASA days from the date the recipient award; that to which written comments may be determines that placement on addressed below). b. The overall impact to the NASA- administrative leave is necessary. ADDRESSES: Written public comments funded activity; Recipients are strongly encouraged to c. The continued advancement of on the draft may be submitted by either conduct a thorough review of the term taxpayer-funded investments in science method: and condition to determine whether the and scientists; and 1. U.S. mail, courier, or hand deliver: new reporting requirements necessitate d. Whether the recipient has taken Federal Workplace Public Comment, any changes to the institution’s policies appropriate action(s) to ensure the National Capital Planning Commission, and procedures. The new term and continuity of science and that continued 401 9th Street NW, Suite 500N, condition will be effective for any new progress under the funded project can Washington, DC 20004. be made. award, or funding amendment to an 2. Electronically: https:// (f) Upon receipt and review of the existing award, made on or after the www.ncpc.gov/initiatives/workplace. effective date. For these purposes, this information provided in the report, FOR FURTHER INFORMATION CONTACT: NASA will consult with the AOR, or means that any finding/determination, placement on administrative leave or Angela Dupont at (202) 482–7232 or designee. Based on the results of this [email protected]. review and consultation, the Agency the imposition of any administrative Authority: 40 U.S.C. 8721(e)(2). may, if necessary and in accordance action by the institution made on or with 2 CFR 200.338, assert its after the start date of an award or Dated: July 12, 2019. programmatic stewardship funding amendment subject to the new Anne R. Schuyler, responsibilities and oversight authority term will invoke the new reporting General Counsel. requirements. to initiate the substitution or removal of [FR Doc. 2019–15172 Filed 7–16–19; 8:45 am] the PI or any Co-I, reduce the award Cheryl E. Parker, BILLING CODE 7502–02–P funding amount, or where neither of NASA Federal Register Liaison Officer. those previous options is available or [FR Doc. 2019–15088 Filed 7–16–19; 8:45 am] adequate, to suspend or terminate the BILLING CODE 7510–13–P PEACE CORPS award. Other personnel supported by a NASA award must likewise remain in Information Collection Request; full compliance with the recipient’s NATIONAL CAPITAL PLANNING Submission for OMB Review policies or codes of conduct, statutes, COMMISSION regulations, or executive orders relating AGENCY: Peace Corps. ACTION: 30-Day notice and request for to sexual harassment, other forms of Notice of Public Comment Period and comments. harassment, or sexual assault. With Public Meetings on the Federal regard to any personnel not in Workplace Element of the SUMMARY: The Peace Corps will be compliance, the recipient must make Comprehensive Plan for the National submitting the following information appropriate arrangements to ensure the Capital collection request to the Office of safety and security of other award Management and Budget (OMB) for personnel and the continued progress of AGENCY: National Capital Planning review and approval. The purpose of the funded project. Notification of these Commission. this notice is to allow 30 days for public actions is not required under this term ACTION: Notice of 60-day public comment in the Federal Register and condition. comment period and public meetings. preceding submission to OMB. We are End of Proposed Term and Condition SUMMARY: The National Capital Planning conducting this process in accordance Implementation: Upon receipt and Commission (NCPC) has released a draft with the Paperwork Reduction Act of resolution of all comments, it is NASA’s of the Federal Workplace Element of the 1995. intention to implement the new term Comprehensive Plan for the National DATES: Submit comments on or before through revision of the NASA Agency Capital: Federal Elements for public August 16, 2019.

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ADDRESSES: Comments should be POSTAL SERVICE are available at www.prc.gov, Docket addressed to Virginia Burke, FOIA/ Nos. MC2019–161, CP2019–181. Privacy Act Officer. Virginia Burke can Product Change—Priority Mail and Sean Robinson, be contacted by telephone at 202–692– First-Class Package Service 1887 or email at [email protected]. Negotiated Service Agreement Attorney, Corporate and Postal Business Law. Email comments must be made in text [FR Doc. 2019–15200 Filed 7–16–19; 8:45 am] and not in attachments. AGENCY: Postal ServiceTM. BILLING CODE 7710–12–P FOR FURTHER INFORMATION CONTACT: ACTION: Notice. Virginia Burke at Peace Corps address POSTAL SERVICE above or by telephone at 202–692–1887. SUMMARY: The Postal Service gives notice of filing a request with the Postal Product Change—Priority Mail and SUPPLEMENTARY INFORMATION: Regulatory Commission to add a First-Class Package Service Title: Peace Corps Volunteer domestic shipping services contract to Negotiated Service Agreement Application Form. the list of Negotiated Service TM OMB Control Number: 0420–0005. Agreements in the Mail Classification AGENCY: Postal Service . ACTION: Type of Request: Renewal. Schedule’s Competitive Products List. Notice. Affected Public: Individuals. DATES: Date of required notice: July 17, SUMMARY: The Postal Service gives Respondents Obligation to Reply: 2019. notice of filing a request with the Postal Regulatory Commission to add a Voluntary. FOR FURTHER INFORMATION CONTACT: Burden to the Public: domestic shipping services contract to Sean Robinson, 202–268–8405. the list of Negotiated Service Estimated Burden (hours) of the SUPPLEMENTARY INFORMATION: The Agreements in the Mail Classification Collection of Information: United States Postal Service® hereby Schedule’s Competitive Products List. a. Number of respondents: 23,000. gives notice that, pursuant to 39 U.S.C. DATES: Date of required notice: July 17, b. Frequency of response: One time. 3642 and 3632(b)(3), on July 9, 2019, it 2019. c. Completion time: 60 minutes. filed with the Postal Regulatory FOR FURTHER INFORMATION CONTACT: d. Annual burden hours: 23,000 Commission a USPS Request to Add Elizabeth Reed, 202–268–3179. hours. Priority Mail & First-Class Package SUPPLEMENTARY INFORMATION: The Service Contract 106 to Competitive ® General Description of Collection: The United States Postal Service hereby Product List. Documents are available at information collected by the Volunteer gives notice that, pursuant to 39 U.S.C. www.prc.gov, Docket Nos. MC2019–160, Application is used by the Peace Corps 3642 and 3632(b)(3), on July 12, 2019, CP2019–180. to collect essential information from it filed with the Postal Regulatory individual applicants, including Sean Robinson, Commission a USPS Request to Add technical and language skills, and Attorney, Corporate and Postal Business Law. Priority Mail & First-Class Package Service Contract 107 to Competitive availability for Peace Corps service. The [FR Doc. 2019–15199 Filed 7–16–19; 8:45 am] Product List. Documents are available at information is used by the Peace Corps BILLING CODE 7710–12–P Office of VRS in its assessment of an www.prc.gov, Docket Nos. MC2019–164, individual’s qualifications to serve as a CP2019–184. Peace Corps Volunteer, including POSTAL SERVICE Elizabeth Reed, practical and cross-cultural experience, Attorney, Corporate and Postal Business Law. Product Change—Priority Mail maturity, motivation and commitment. [FR Doc. 2019–15210 Filed 7–16–19; 8:45 am] Selection for Peace Corps service is Negotiated Service Agreement BILLING CODE 7710–12–P based on that assessment. AGENCY: TM Request for Comment: Peace Corps Postal Service . invites comments on whether the ACTION: Notice. POSTAL SERVICE proposed collections of information are necessary for proper performance of the SUMMARY: The Postal Service gives Product Change—Priority Mail functions of the Peace Corps, including notice of filing a request with the Postal Negotiated Service Agreement whether the information will have Regulatory Commission to add a AGENCY: Postal ServiceTM. practical use; the accuracy of the domestic shipping services contract to ACTION: Notice. agency’s estimate of the burden of the the list of Negotiated Service proposed collection of information, Agreements in the Mail Classification SUMMARY: The Postal Service gives including the validity of the information Schedule’s Competitive Products List. notice of filing a request with the Postal to be collected; and, ways to minimize Regulatory Commission to add a the burden of the collection of DATES: Date of required notice: July 17, 2019. domestic shipping services contract to information on those who are to the list of Negotiated Service respond, including through the use of FOR FURTHER INFORMATION CONTACT: Agreements in the Mail Classification automated collection techniques, when Sean Robinson, 202–268–8405. Schedule’s Competitive Products List. appropriate, and other forms of DATES: Date of required notice: July 17, information technology. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby 2019. This notice is issued in Washington, DC, gives notice that, pursuant to 39 U.S.C. FOR FURTHER INFORMATION CONTACT: on July 12, 2019. 3642 and 3632(b)(3), on July 9, 2019, it Sean Robinson, 202–268–8405. Virginia Burke, filed with the Postal Regulatory SUPPLEMENTARY INFORMATION: The FOIA/Privacy Act Officer, Management. Commission a USPS Request to Add United States Postal Service® hereby [FR Doc. 2019–15213 Filed 7–16–19; 8:45 am] Priority Mail Contract 536 to gives notice that, pursuant to 39 U.S.C. BILLING CODE 6051–01–P Competitive Product List. Documents 3642 and 3632(b)(3), on July 12, 2019,

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it filed with the Postal Regulatory ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 monthly fee for certain ports activated Commission a USPS Request to Add notice is hereby given that, on July 3, after July 1, 2019, effective April 1, Priority Mail Contract 537 to 2019, New York Stock Exchange LLC 2020. Without this proposed rule Competitive Product List. Documents (‘‘NYSE’’ or the ‘‘Exchange’’) filed with change, the Exchange would be required are available at www.prc.gov, Docket the Securities and Exchange to charge a member organization for all Nos. MC2019–163, CP2019–183. Commission (the ‘‘Commission’’) the of its ports—both legacy ports and the proposed rule change as described in new ports using Pillar technology— Sean Robinson, Items I, II, and III below, which Items during the transition period, which Attorney, Corporate and Postal Business Law. have been prepared by the self- could significantly increase costs to [FR Doc. 2019–15202 Filed 7–16–19; 8:45 am] regulatory organization. The member organizations. BILLING CODE 7710–12–P Commission is publishing this notice to This filing does not to propose to solicit comments on the proposed rule increase the rates charged for ports. change from interested persons. Rather, the purpose of this filing is to POSTAL SERVICE incent the transition from older to I. Self-Regulatory Organization’s newer and more efficient Pillar Statement of the Terms of Substance of Product Change—Priority Mail Express technology with no fee increase. the Proposed Rule Change Negotiated Service Agreement Moreover, the Exchange proposes to do AGENCY: Postal ServiceTM. The Exchange proposes to amend its so in essentially the same way that the Price List to adopt transition pricing to Exchange’s affiliate, NYSE Arca, Inc. ACTION: Notice. support the introduction of ports that (‘‘NYSE Arca’’), did in 2017 4 by, first, SUMMARY: The Postal Service gives connect to the Exchange using Pillar providing a cap on how much member notice of filing a request with the Postal technology. The Exchange proposes to organizations would be charged for Regulatory Commission to add a implement these changes to its Price ports for a nine-month period so that domestic shipping services contract to List effective July 3, 2019. The proposed they would not incur additional charges the list of Negotiated Service rule change is available on the during the transition to Pillar Agreements in the Mail Classification Exchange’s website at www.nyse.com, at communication protocols and, second, Schedule’s Competitive Products List. the principal office of the Exchange, and providing that the fees for the few firms at the Commission’s Public Reference that do not transition during the nine- DATES: Date of required notice: July 17, Room. 2019. month period offset the Exchange’s continuing costs of supporting legacy FOR FURTHER INFORMATION CONTACT: II. Self-Regulatory Organization’s ports. Sean Robinson, 202–268–8405. Statement of the Purpose of, and Statutory Basis for, the Proposed Rule The Exchange proposes to implement SUPPLEMENTARY INFORMATION: The these changes to its Price List effective ® Change United States Postal Service hereby July 3, 2019.5 gives notice that, pursuant to 39 U.S.C. In its filing with the Commission, the 3642 and 3632(b)(3), on July 12, 2019, self-regulatory organization included Overview of the Proposed Fee Changes it filed with the Postal Regulatory statements concerning the purpose of, Member organizations enter orders Commission a USPS Request to Add and basis for, the proposed rule change and order instructions and receive Priority Mail Express Contract 78 to and discussed any comments it received information from the Exchange by Competitive Product List. Documents on the proposed rule change. The text establishing a connection to a gateway are available at www.prc.gov, Docket of those statements may be examined at that uses communication protocols that Nos. MC2019–162, CP2019–182. the places specified in Item IV below. map to the order types and modifiers The Exchange has prepared summaries, described in Exchange rules. These Sean Robinson, set forth in sections A, B, and C below, gateway connections, also known as Attorney, Corporate and Postal Business Law. of the most significant parts of such logical port connections, are referred to [FR Doc. 2019–15201 Filed 7–16–19; 8:45 am] statements. as ‘‘ports’’ on the Exchange’s Price List. BILLING CODE 7710–12–P A. Self-Regulatory Organization’s The Exchange currently makes Statement of the Purpose of, and the available ports that provide this Statutory Basis for, the Proposed Rule connectivity to the Exchange’s trading SECURITIES AND EXCHANGE Change systems (i.e., ports for entry of orders COMMISSION and/or quotes (‘‘order/quote entry 1. Purpose ports’’)) and charges $550 per port per [Release No. 34–86360; File No. SR–NYSE– The Exchange proposes to amend its month for such ports.6 Designated 2019–39] Price List to adopt transition pricing to support the introduction of ports that 4 See Securities Exchange Act Release No. 81901 Self-Regulatory Organizations; New connect to the Exchange using Pillar (October 19, 2017), 82 FR 49426 (SR–NYSArca– York Stock Exchange LLC; Notice of 2017–121) (adopting decommission extension fee technology. With the proposed for initial three months of March–May 2018); Filing and Immediate Effectiveness of transition fee pricing, the Exchange Securities Exchange Act Release No. 83410 (June Proposed Rule Change To Amend Its would (1) adopt a cap on monthly fees 12, 2018), 83 FR 28300 (SR–NYSArca–2018–42) Price List To Adopt Transition Pricing for the use of certain ports connecting (extending decommission extension fee for the To Support the Introduction of Ports to the Exchange for the billing months additional three months of June–September 2018). 5 The Exchange originally filed to amend the That Connect to the Exchange Using July 2019 through March 2020; (2) adopt Schedule of Fees and Rebates on June 28, 2019 (SR– Pillar Technology a Decommission Extension Fee NYS–2019–36). SR–NYSE–2019–36 was applicable for the billing months April subsequently withdrawn and replaced by this filing. July 11, 2019. 2020 through September 2020 for legacy 6 All ports on the Exchange currently connect via Pursuant to Section 19(b)(1) 1 of the port connections; and (3) prorate the a Common Customer Gateway (‘‘CCG’’) that Securities Exchange Act of 1934 (the accesses its equity trading systems. See, e.g., Securities Exchange Act Release No. 64542 (May 2 15 U.S.C. 78a. 25, 2011), 76 FR 31659 (June 1, 2011) (SR–NYSE– 1 15 U.S.C. 78s(b)(1). 3 17 CFR 240.19b–4. 2011–13).

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Market Makers (‘‘DMMs’’) connect via The Phase II ports will also be available ports that the member organization has ‘‘DMM Gateways’’ and are not charged for trading Exchange-listed securities activated as of its June 2019 invoice. for the first 12 ports per month that once they transition to the Pillar trading The first phase would last nine months, connect to the Exchange.7 The Exchange platform. Once Exchange-listed from July 2019 through March 2020, also currently makes ports available for securities transition to Pillar, DMMs during which the Exchange will be drop copies and charges $550 per port will communicate with the Exchange making both the Phase I and Phase II per month,8 except that DMMs are not using Phase II ports and will no longer ports available to member organizations. 12 charged for drop copy ports that connect use DMM Gateways. • The second phase would to the Exchange via the DMM Gateway. As the experience of the Exchange’s encompass a six-month decommission affiliates that trade on the Pillar trading Fees for order/quote entry ports and period between April 2020 and platform and use the Phase II ports drop copy ports have remained September 2020 during which the shows, the Phase II ports constitute a relatively stable over time and have not Exchange’s proposed pricing would significant performance improvement increased since 2015, and not since provide increased costs to member 9 over current ports, with an expected 2017 for DMMs. organizations that did not transition in The Exchange is undergoing a multi- reduction in average latency up to 80% the nine-month transition period. phase transition to the Pillar trading over Phase I ports.13 The Phase II ports Effective April 1, 2020, the Exchange platform that began in April 2018, when will provide member organizations with would also prorate the monthly fee for the Exchange introduced trading of UTP a low-latency connection that will certain ports activated on or after July 1, Securities on the Pillar trading provide a more deterministic trading 2019. platform.10 Because Exchange-listed experience on the Exchange. Because of securities are not yet on the Pillar the latency improvements of the Phase Competitive Environment trading platform, all ports currently II ports and because Exchange member communicate with the Exchange using organizations that are members of one or The Exchange operates in a highly CCG (‘‘Phase I ports’’), regardless of more of the Affiliated Exchanges already competitive market. The Commission whether trading UTP securities or use Phase II ports, the Exchange expects has repeatedly expressed its preference Exchange-listed securities. its member organizations to transition for competition over regulatory The Exchange next plans to transition expeditiously to using Phase II ports. intervention in determining prices, Exchange-listed securities to the Pillar However, because of the technology products, and services in the securities trading platform.11 In anticipation of the changes that a member organization markets. Specifically, in Regulation transition of Exchange-listed securities would need to make to connect to Phase NMS, the Commission highlighted the to the Pillar trading platform, the II ports, the Exchange anticipates that importance of market forces in Exchange will be introducing new there will be a period of time before all determining prices and SRO revenues technology to support how all member member organization will be fully and, also, recognized that current organizations, including DMMs, will transitioned to the Phase II ports. During regulation of the market system ‘‘has communicate with the Exchange when that transition period, a member been remarkably successful in trading on the Pillar trading platform. organization may choose to maintain its promoting market competition in its The Exchange plans to make available Phase I ports while it replaces them broader forms that are most important to 15 ports using Pillar gateways (‘‘Phase II with Phase II ports. Accordingly, during investors and listed companies.’’ ports’’) beginning July 1, 2019, at which this implementation, there will be a As the Commission itself recognized, time such ports will be available for period when both the Phase I and Phase the market for trading services in NMS trading UTP Securities on the Exchange. II ports will be available to member stocks has become ‘‘more fragmented organizations.14 and competitive.’’ 16 Indeed, equity 7 See Securities Exchange Act Release No. 68229 In connection with this transition, the (November 14, 2012), 77 FR 69688 (November 20, trading is currently dispersed across 13 17 2012) (SR–NYSE–2012–60) (Notice). Exchange proposes transition pricing exchanges, 31 alternative trading 8 Only one fee per drop copy port applies, even that has two distinct phases. systems,18 and numerous broker-dealer if receiving drop copies from multiple order/quote • The first phase would be a internalizers and wholesalers. Based on entry ports. transition period during which the fees publicly-available information, no 9 See Securities Exchange Act Release No. 76072 charged for both order/quote entry and (October 5, 2015), 80 FR 61258 (October 9, 2015) single exchange has more than 18% of (SR–NYSE–2015–43) (Notice); Securities Exchange drop copy ports would, with certain the market share of executed volume of Act Release No. 79748 (January 6, 2017), 82 FR exceptions, be capped at, and thus not equity trades (whether excluding or 3828 (January 12, 2017) (SR–NYSE–2016–93) charged for more than, the total number (Notice). of both order/quote entry and drop copy 15 10 The term ‘‘UTP Security’’ is defined under Rule See Securities Exchange Act Release No. 51808 1.1(aa) to mean a security that is listed on a national (June 9, 2005), 70 FR 37495, 37499 (June 29, 2005) securities exchange other than the Exchange and 12 The Exchange accordingly proposes to refer (S7–10–04) (‘‘Regulation NMS’’). that trades on the Exchange pursuant to unlisted generally to DMM ports that connect to the 16 See Securities Exchange Act Release No. 51808, trading privileges. The Exchange began trading UTP Exchange by deleting the phrase ‘‘via the DMM 84 FR 5202, 5253 (February 20, 2019) (File No. S7– Securities on the Pillar trading platform on April 9, Gateway’’ in the sections of the Price List describing 05–18) (Transaction Fee Pilot for NMS Stocks Final 2018. See also Securities Exchange Act Release No. order/quote entry ports and drop copy ports. Rule) (‘‘Transaction Fee Pilot’’). 82945 (March 26, 2018), 83 FR 13553 (March 29, 13 Latency statistics for the Pillar gateways are 17 See Cboe Global Markets, U.S. Equities Market 2018) (SR–NYSE–2017–36) (Order approving available at https://www.nyse.com/pillar. These Volume Summary (June 28, 2019), available at trading rules to support trading of UTP Securities gateways are currently available on NYSE American http://markets.cboe.com/us/equities/market_share/. on the Pillar trading platform). LLC (‘‘NYSE American’’), NYSE Arca, Inc. (‘‘NYSE See generally https://www.sec.gov/fast-answers/ 11 The Exchange has announced that, subject to Arca’’), and NYSE National, Inc. (‘‘NYSE National’’) divisionsmarketregmrexchangesshtml.html. rule approvals, it will begin transitioning Exchange- (collectively, the ‘‘Affiliated Exchanges’’). 18 See FINRA ATS Transparency Data (June 3, listed securities to Pillar on August 5, 2019, 14 The Exchange’s affiliate NYSE Arca similarly 2019), available at https:// available here: https://www.nyse.com/publicdocs/ offered a parallel period when both Pillar phase I otctransparency.finra.org/otctransparency/Ats nyse/markets/nyse/Revised_Pillar_Migration_ and Pillar phase II protocols were available to its IssueData. Although 54 alternative trading systems Timeline.pdf. See also Securities Exchange Act members. See Securities Exchange Act Release No. were registered with the Commission as of May 31, Release No. 85962 (May 29, 2019), 84 FR 26188 79588 (December 23, 2016), 81 FR 96534 (December 2019, only 31 are currently trading. A list of (June 5, 2019) (SR–NYSE–2019–05) (Order 30, 2016) (SR–NYSEArca–2016–170) (Notice of alternative trading systems registered with the approving rules to support the transition of filing and immediate effectiveness of proposed rule Commission is available at https://www.sec.gov/ Exchange-listed securities to Pillar). change). foia/docs/atslist.htm.

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including auction volume).19 The member organization would be capped that connects to the Exchange per Exchange believes that the ever-shifting at the total number of such ports that month thereafter.20 market share among the exchanges from the member organization has activated Application and Impact of Transition month to month demonstrates that as of the June 2019 invoice, which is the Period Pricing market participants can shift order flow, last full month prior to the introduction or discontinue or reduce use of certain of the new gateways (the ‘‘Transition The purpose of Transition Period categories of products, including ports, Cap’’). Pricing is to cap port fees to allow in response to fee changes. Accordingly, As further proposed, the Transition member organizations sufficient time to the Exchange’s fees, including port fees, Cap pricing would be available until the implement technology changes are reasonably constrained by earlier of (1) the end of the Transition necessary to connect to the Exchange competitive alternatives and market Period, i.e., March 2020, or (2) the using the Phase II ports without participants can readily trade on billing month during which a member incurring any additional Exchange fees. competing venues if they deem pricing organization has fully transitioned to Based on the experience of the levels at those other venues to be more using only ports that communicate Exchange’s affiliate NYSE Arca, the favorable. using Pillar phase II protocols. For Exchange believes that nine months The Exchange is proposing this example, if in June 2019, Firm A has 10 provides sufficient time for all member transition pricing in the context of a ports, that firm’s Transition Cap would organizations, regardless of size, to be competitive environment in which be 10 ports. At any time during the able to complete the necessary changes. market participants can and do shift Transition Cap period, if Firm A keeps The Exchange proposes to extend the order flow, or discontinue or reduce use those 10 Phase I ports and adds 10 Transition Pricing through March 2020 of certain categories of products, in Phase II ports, Firm A would only be so that if a member organization is response to fee changes. Because ports charged for 10 ports. If, during the unable to complete its changes in 2019, are used by member organizations to Transition Period, Firm A no longer had it would have sufficient time in 2020 to trade electronically on the Exchange, any Phase I ports and had eight Phase plan for and implement the changes. fees associated with ports are subject to II ports, it would no longer be eligible The proposed cap would have the these same competitive forces. The for the Transition Cap pricing and effect of waiving the port fees during the Exchange believes that the proposal would be charged for those eight ports. Transition Period of any new Phase II As an exception to the cap, the represents a reasonable attempt to ports that a member organization may Exchange proposes that if, during the provide member organizations with an use. Without this proposed rule change, Transition Period, a member orderly transition to upgraded the Exchange would be required to organization increases the number of technology without needing to incur charge a member organization for all of Phase I ports above the Transition Cap, any additional costs. If a member its ports—both Phase I and Phase II those ports would be charged at the organization is unable to complete this ports—during the transition period, current rates for order/quote entry ports transition within the nine-month which could significantly increase costs period, the pricing is designed to offset and drop copy ports. The purpose of the Transition Cap is to facilitate the to member organizations. the Exchange’s continuing costs of transition to Phase II ports. If this were supporting the Phase I ports. Proposed Decommission Extension Fee not a transition period, and a member Proposed Rule Change organization increased its number of The Exchange proposes to amend the Price List to adopt a Decommission As noted above, the Exchange ports, it would be charged accordingly. The Exchange therefore believes that if Extension Fee that would apply during proposes to introduce transition pricing the billing months of April 2020 designed to provide member a member organization increases the number of Phase I ports, i.e., is not through September 2020 (the organizations an extended transition ‘‘Decommission Period’’). As proposed, period to connect to Phase II ports transitioning to the new technology, it should be charged for those additional during the Decommission Period, in without subjecting them to fee increases addition to the current port fees, as they transition and once that ports no differently than during periods when the Transition Cap pricing is not member organizations would be charged transition period ends, to prorate fees a Decommission Extension Fee of $500 for order/quote entry and drop copy in effect. The Exchange further proposes that if, per port per month, increasing by $500 ports, as follows. during the Transition Period, a member per port for each month for any ports The Exchange proposes to set forth organization has a total number of ports that communicate using Pillar phase I the proposed ‘‘Pillar Port Transition Fee below the Transition Cap, the Exchange protocols. The proposed Decommission Pricing’’ as a separate entry on its Price would charge a member organization for Extension Fee would apply only to List, to be added after the entry for Ports their actual number of ports. For member organizations that use Phase I for drop copies. As proposed, the Pillar example, if during the Transition ports during the Decommission Period. Port Transition Fee Pricing would be Period, Firm A with a Transition Cap of The Exchange proposes that ports using applicable to both order/quote entry and 10 ports had four Phase I ports and five Pillar phase I protocols would no longer drop copy ports. Accordingly, all Phase II ports that firm would be be available beginning October 1, 2020. references to ports in this proposed charged for only nine ports, which is For example, in June 2019, Firm A pricing refer to both types of ports. under its Transition Cap. has 10 Phase I ports and a Transition Proposed Transition Period Pricing As proposed, the charge per port Cap of 10 ports. By April 2020, the first (order/quote entry and drop copy) will month of the Decommission Period, During the billing months of July 2019 not be changing, and would remain at Firm A still has four Phase I ports. In through March 2020 (the ‘‘Transition $550 per port per month for all ports. this scenario, Firm A would be charged Period’’), the Exchange proposes that DMMs would continue not to be the standard port rate for the four Phase the total number of ports charged per charged for drop copy ports and for I ports plus $500 per port for the Decommission Extension Fee. 19 See Cboe Global Markets U.S. Equities Market their first 12 order/quote entry ports per Volume Summary (June 27, 2019), available at month that connect to the Exchange and http://markets.cboe.com/us/equities/market_share/. then $550 per order/quote entry port 20 See note 12, supra.

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If Firm A has the same four Phase I before the decommission extension fee organization’s port is connected to the ports in May 2020, Firm A would be was to be charged. During March 2018, Exchange. charged the standard port rate for the the first month that NYSE Arca charged For example, in June 2019, Firm A four Phase I ports plus $1,000 per port a decommission extension fee, 29 has 10 Phase I ports and a Pillar for the Decommission Extension Fee. members of the 139 members that had Transition Cap of 10 ports. If, in the first If Firm A retains the four Phase I ports Phase I ports prior August 2017, or 21% month after the Transition Cap, April until September 2020, the final month of the total, were subject to the of the Decommission Extension Pricing, 2020, Firm A has 10 Phase II ports and decommission extension fee. In other adds 2 Phase II ports on April 15, 2020, Firm A would be charged the standard words, 79% of NYSE Arca members had Firm A would be charged the standard port rate for the four Phase I ports plus fully transitioned to the Phase II ports port rate for the 10 Phase II ports, plus $3,000 per port for the Decommission before NYSE Arca began charging its a prorated rate for the 2 additional Extension Fee. decommission extension fee. Sixteen of Phase II ports added mid-month. The those firms were relatively large firms Application and Impact of the Proposed prorated rate would be calculated by with at least ten ports that choose to Decommission Extension Fee dividing the number of trading days that absorb the cost rather than to transition As noted above, the Exchange to Phase II ports within the seven-month a port is eligible for production trading believes that a nine-month Transition transition period. with the Exchange by the total number of trading days in that month, then Period is sufficient time for member By September 2018, the last month organizations to fully transition to Phase that NYSE Arca charged a multiplying by the standard port rate. II ports and eliminate their use of Phase decommission extension fee, only five The Exchange does not propose to I ports. To the extent that member NYSE Arca members out of 139 (4% of introduce such pro-rated pricing until organizations do not complete the the total), were subject to the after the Transition Period because transition during the Transition Period, decommission extension fee. Of those during the Transition Period, member the Exchange will offer member five members, three were relatively large organizations will be subject to the organizations the ability to choose to firms with at least 10 ports. Transition Cap pricing, which will cap continue using Phase I ports until the total port costs as member September 2020. To cover the costs Based on NYSE Arca’s experience, the organizations add Phase II ports and associated with maintaining and Exchange believes that a similarly small drop Phase I ports. supporting both Phase I ports and Phase number of larger firms will be subject to II ports beyond the nine-month the proposed Decommission Extension The proposed changes are not Transition Period, the Exchange Fee because they choose not to fully otherwise intended to address any other proposes that such costs would be paid move to Phase II ports during the issues, and the Exchange is not aware of by the expected very small number of Transition Period. The Exchange notes any problems that member member organizations that would need that it proposes a Transition Period of organizations would have in complying longer to transition than the nine-month nine months, which will provide firms with the proposed change. Transition Period. Specifically, to two more months to transition as 2. Statutory Basis support the continued availability of the compared to NYSE Arca. The Exchange believes that these additional two Phase I ports, the Exchange would have The Exchange believes that the to maintain additional hardware and months will provide more than sufficient time for the transition and proposed rule change is consistent with devote technology resources to maintain Section 6(b) of the Act,23 in general, and and operate those ports, which is a cost that fewer member organizations will choose to pay the proposed furthers the objectives of Sections to the Exchange. While these costs 24 Decommission Fee because they do not 6(b)(4) and 6(b)(5) of the Act, in cannot be specifically quantified and it particular, because it provides for the is unknown how many (if any) member transition within the nine months, as compared to the number of firms that equitable allocation of reasonable dues, organizations would need to continue to fees, and other charges among its access the Exchange using Phase I ports paid the NYSE Arca’s decommission extension fee. members, issuers and other persons after the Transition Period, the using its facilities and does not unfairly Exchange believes that the proposed Proration of Port Fees discriminate between customers, Decommission Extension Fee would, in issuers, brokers or dealers. part, cover the costs associated with Effective April 1, 2020, the fee for continuing to support the Phase I port order/quote entry and drop copy ports The Proposed Change Is Reasonable infrastructure for use by a dwindling activated after July 1, 2019, will be number of member organizations. prorated to the number of trading days The Exchange operates in a highly The proposed Decommission that a port is eligible for production competitive market. The Commission Extension Fee is not novel. As noted trading with the Exchange, including has repeatedly expressed its preference previously, the Exchange’s affiliate any scheduled early closing days.22 for competition over regulatory NYSE Arca previously adopted a Application and Impact of Proration of intervention in determining prices, decommission extension fee and was Port Fees products, and services in the securities successful in using the fee to incent its markets. Specifically, in Regulation members to fully transition to the phase The purpose of prorating the fees for NMS, the Commission highlighted the II ports within a seven-month transition order/quote entry and drop copy ports importance of market forces in period.21 Specifically, NYSE Arca activated after July 1, 2019 is to charge determining prices and SRO revenues introduced its Phase II ports in August member organizations port fees only for and, also, recognized that current 2017. Beginning March 1, 2018, NYSE the days in which the member regulation of the market system ‘‘has Arca began charging a decommission been remarkably successful in extension fee. Accordingly, NYSE Arca 22 Cboe BZX prorates port fees for the first month promoting market competition in its of service. See Cboe BZX U.S. Equities Exchange members had seven months to transition Fee Schedule, available at https:// markets.cboe.com/us/equities/membership/fee_ 23 15 U.S.C. 78f(b). 21 See note 4, supra. schedule/bzx/. 24 15 U.S.C. 78f(b)(4) & (5).

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broader forms that are most important to organizations with a means to make an Exchange fees for member investors and listed companies.’’ 25 orderly transition to upgraded organizations. As the Commission itself recognized, technology without increasing their Decommission Extension Fee the market for trading services in NMS costs. As noted, the purpose of this stocks has become ‘‘more fragmented filing is not to change the rates charged The Exchange believes that the and competitive.’’ 26 Indeed, equity for ports. Rather the proposal would proposed Decommission Extension Fee trading is currently dispersed across 13 provide a cap on how much member for member organizations that choose to exchanges,27 31 alternative trading organizations would be charged for continue to connect to the Exchange systems,28 and numerous broker-dealer ports during a nine-month period so through the use of Phase I ports after the internalizers and wholesalers. Based on that they would not incur additional Transition Period, which is scheduled publicly-available information, no charges during the transition to Pillar to end at the close of trading on single exchange has more than 18% of communication protocols. Accordingly, September 30, 2020, is also reasonable. the market share of executed volume of the Exchange believes that the proposal As noted above, the Exchange will equity trades (whether excluding or is a fair and reasonable way for member incur ongoing costs in maintaining including auction volume).29 The organizations to transition to upgraded Phase I ports during the Decommission Exchange believes that the ever-shifting technology without needing to incur Period, including costs to maintain market share among the exchanges from any additional Exchange fees. If a servers and their physical location, month to month demonstrates that member organization is unable to monitoring order activity, and other market participants can shift order flow, complete this transition within the nine- support, with no real benefit. The or discontinue or reduce use of certain month period, the pricing is designed so Exchange believes that it is reasonable categories of products, including ports, that only those few member to require member organizations to pay the proposed Decommission Extension in response to fee changes. Accordingly, organizations that may not transition Fee because a small number of member the Exchange’s fees, including port fees, within the nine-month period pay for organizations would need longer to are reasonably constrained by the Exchange to continue to support the transition than the nine-month competitive alternatives and market Phase I ports. participants can readily trade on Transition Period. Due to the additional competing venues if they deem pricing Transition Period Pricing costs that the Exchange would continue levels at those other venues to be more incur to support Phase I ports after the The Exchange believes that the Transition Period, the Exchange favorable. proposed Transition Cap for the billing If a particular exchange charges believes that it is fair and reasonable to months of July 2019 through March excessive fees for connectivity, charge those member organizations that 2020, which will be available until the impacted members and non-members choose not to fully transition during the earlier of the end of the Transition may opt to terminate their connectivity Transition Period, fees to defray the Period or the billing month during arrangements with that exchange, and costs of such support during the which a member organization has fully adopt a possible range of alternative Decommission Period because it is transitioned to using only ports that strategies, including routing to the expected that the number of member communicate using Pillar phase II applicable exchange through another organizations that do not transition to protocols, is reasonable. participant or market center or taking Phase II ports by March 31, 2020 will be that exchange’s data indirectly. The proposed change is designed to small. Further, the Exchange believes Accordingly, if the Exchange charges permit member organizations an that it is reasonable for the excessive fees, it would stand to lose not extended transition period to adjust to Decommission Extension Fee to only connectivity revenues but also the new gateways. The Exchange increase for each month for any ports revenues associated with the execution believes that a nine-month transition that communicate using Pillar phase I of orders routed to it, and, to the extent period is reasonable and provides protocols once the Decommission applicable, market data revenues. The sufficient notice of the changeover. The Period begins because the number of Exchange believes that this competitive proposed pricing is designed to provide member organizations not fully dynamic imposes powerful restraints on all member organizations with no fee migrated from legacy technology to the the ability of any exchange to charge increases while they transition, and Phase II ports will be expected to unreasonable fees for connectivity. provides certainty for when this diminish over time. Member Given this competitive environment, transition pricing ends so that firms can organizations can avoid or mitigate the the proposal represents a reasonable plan when and how to fully transition impact of the proposed increase of the method of providing member to the new gateways. Without such Decommission Extension Fee by Transition Period pricing, member migrating to the new ports before or 25 See Regulation NMS, 70 FR at 37499. organizations costs would increase earlier in the Decommission Period. 26 See Transaction Fee Pilot, 84 FR at 5253. because, without this proposed rule 27 See Cboe Global Markets, U.S. Equities Market change, the Exchange would be required Proration of Port Fees Volume Summary (June 28, 2019), available at to charge a member organization for all The Exchange believes that the _ http://markets.cboe.com/us/equities/market share/. proposal to prorate the monthly fee for See generally https://www.sec.gov/fast-answers/ of its ports—both Phase I and Phase II divisionsmarketregmrexchangesshtml.html. ports—during the transition period, ports activated on or after July 1, 2019 28 See FINRA ATS Transparency Data (June 3, which could significantly increase costs to the number of trading days in a 2019), available at https:// to member organizations. In this regard, billing month the port is connected to otctransparency.finra.org/otctransparency/ absent similar transition pricing, the the Exchange is fair and reasonable AtsIssueData. Although 54 alternative trading systems were registered with the Commission as of Exchange’s affiliate NYSE Arca’s because it would allow all Exchange May 31, 2019, only 31 are currently trading. A list transition to Phase II protocols would participants to subscribe to the most of alternative trading systems registered with the have increased the average firms’ port effective connectivity according to their Commission is available at https://www.sec.gov/ fees by 67.5% in the first month of the trading requirements and as a result will foia/docs/atslist.htm. only be assessed fees for the 29 See Cboe Global Markets U.S. Equities Market migration. Thus, the proposed cap Volume Summary (June 28, 2019), available at balances the Exchange’s desire to connectivity they utilize during any http://markets.cboe.com/us/equities/market_share/. improve technology without increasing trading month beginning April 1, 2020

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for ports activated after July 1, 2019.30 Specifically, the Transition Cap 1, 2019 would not be pro-rated The Exchange does not propose to constitutes an equitable allocation of (consistent with current practice). The introduce pro-rated pricing until after fees because it would be applied to all Exchange believes it is reasonable to the Transition Period because during similarly situated member charge flat fees for ports activated before the Transition Period, member organizations, who would be eligible for July 1, 2019 as such ports are expected organizations will be subject to the the Transition Cap in equal measure and to be phased out within a short period Transition Cap pricing, which will cap would thereby all be eligible to not be of time after the introduction of the new the total port costs as member charged for more than the total number gateways. organizations add Phase II ports and of both order/quote entry and drop copy The Proposal is Not Unfairly drop Phase I ports. ports that the member organization has Discriminatory The Exchange believes the proposed activated as of its June 2019 invoice. proration of fees for ports activated after The Exchange further believes that the The Exchange believes that the July 1, 2019 would serve only to charge proposal is an equitable allocation of proposal is not unfairly discriminatory. member organizations port fees for the fees because the Exchange will be In the prevailing competitive actual days a member organization’s making both the Phase I and Phase II environment, member organizations are ports are connected to the Exchange. ports available to all member free to disfavor the Exchange’s pricing if The Exchange further notes that billing organizations during the Transition they believe that alternatives offer them for ports activated before July 1, 2019 Period on an equal basis. Accordingly, better value, and are free to discontinue will continue to be based on the number no member organization already to connect to the Exchange through its of ports on the third business day prior operating on the Exchange would be ports. As noted, the Exchange is offering to the end of the month consistent with disadvantaged by this allocation of fees. upgraded connections in an effort to the Exchange’s billing policy, and so Similarly, the proposed keep pace with changes in the industry firms that cancel ports before the third Decommission Extension Fee would and evolving customer needs as new business day prior to the end of the apply equally to all member technologies emerge and products month will not be billed for those ports. organizations that choose to connect to continue to develop and change. Moreover, as noted above, Cboe BZX the Exchange through the use of Phase The proposal neither targets nor will currently charges new ports on a I ports during the Decommission Period. it have a disparate impact on any prorated basis for the first month of Moreover, as noted above, the particular category of market service. The Exchange notes, however, experience of the Exchange’s affiliate participant. The Exchange believes that that fees for ports activated before July NYSE Arca with a decommission the proposal does not permit unfair 1, 2019 would not be pro-rated. The extension fee suggests that most member discrimination because the proposal Exchange believes it is reasonable to organizations would complete the would be applied to all similarly charge flat fees for ports activated before transition before the decommission situated member organizations and July 1, 2019 as such ports are expected extension fee goes into effect, and that other market participants would be to be phased out within a short period many of the firms that were subject to charged the same rates. of time after the introduction of the the NYSE Arca fee were larger firms that The Exchange believes that the Phase II ports and would be subject to choose to absorb the additional cost. proposed Transition Cap is not unfairly the proposed Decommission Fee, The Exchange proposes a longer discriminatory because all member described above. transition period than was available on organizations would be eligible for the NYSE Arca, which the Exchange Transition Cap in equal measure and The Proposal is an Equitable Allocation would thereby all be eligible to not be of Fees expects should be more than sufficient for all member organizations, regardless charged for more than the total number The Exchange believes its proposal of their size, to be able to transition of ports that the member organization equitably allocates its fees among its Phase II ports before the proposed has activated as of its June 2019 invoice. market participants. The Exchange is Decommission Fee goes into effect. The Exchange further believes that the not proposing to adjust the amount of The proposal to pro-rate port fees is proposal does not permit unfair the port fees, which will remain at the also equitable since it would also apply discrimination because the Exchange current level for all market participants. equally to all member organizations that will be making available both the Phase Rather, the proposal would provide an connect to the Exchange, who would I and Phase II ports available to all additional fee for those few member equally receive the benefit of being member organizations during the organizations that choose not to charged only for the connectivity Transition Period on an equal basis. transition to Phase II ports during the utilized during any trading month Accordingly, no member organization Transition Period and to adopt a fee cap beginning April 1, 2020. As noted already operating on the Exchange and pro-rata billing for ports without above, to the extent a member would be disadvantaged by this any change to the fees currently charged organization continues to use ports allocation of fees. For the same reasons, by the Exchange for the use of ports to activated before July 1, 2019 to connect the Exchange believes that the proposal connect to the Exchange’s trading to the Exchange during April 1, 2020 would not permit unfair discrimination systems. and any subsequent months, the between member organizations. The Exchange believes that the Exchange believes it is fair and Similarly, the proposal does not proposal constitutes an equitable equitable to continue to charge flat fees permit unfair discrimination between allocation of fees because all similarly for such ports until such time that member organizations because the situated member organizations and connection to the Exchange through the proposed Decommission Extension Fee other market participants would be use of Phase I ports is no longer would apply equally to all member charged the same rates. available beginning October 1, 2020. organizations that choose to connect to Moreover, as noted above, Cboe BZX the Exchange through the use of such 30 The level of activity with respect to a particular currently charges new ports on a ports during the Decommission Period. port does not affect the assessment of monthly fees, so even if a particular port that is available to a prorated basis for the first month of If a member organizations becomes participant is not used, the participant is still billed service. The Exchange notes, however, subject to the Decommission Fee, it for that port. that fees for ports activated before July would only be because such firm chose

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not to complete its transition to the ports to connect to the Exchange’s and competitive.’’ 33 Indeed, equity Phase II ports by the end of the trading systems. trading is currently dispersed across 13 Transition Period. While the Exchange Intramarket Competition. The exchanges,34 31 alternative trading cannot predict with certainty whether Exchange does not believe the proposed systems,35 and numerous broker-dealer any firms would be subject to the rule change would impose any burden internalizers and wholesalers. Based on Decommission Fee, and if so, which on intramarket competition that is not publicly-available information, no ones, based on NYSE Arca’s experience necessary or appropriate because it single exchange has more than 18% of with its decommission fee, the would apply to all member the market share of executed volume of Exchange anticipates that it would be a organizations equally that connect to the equity trades (whether excluding or limited set of member organizations that Exchange. All member organizations, including auction volume).36 The would incur such fees. Moreover, the regardless of size, will be eligible for the Exchange believes that the ever-shifting Exchange believes that increasing the Transition Pricing for the billing months market share among the exchanges from Decommission Extension Fee for each July 2019 through March 2020 and will month to month demonstrates that month for ports that communicate using be eligible to connect via either Phase I market participants can shift order flow, Pillar phase I protocols once the or Phase II ports during this period. In or discontinue or reduce use of certain Decommission Period begins would also addition, all member organizations will categories of products, including ports, apply equally to all member be subject to the proposed in response to fee changes. Accordingly, organizations that continue to choose to Decommission Fee on an equal basis if the Exchange’s fees, including port fees, connect to the Exchange utilizing legacy they do complete the transition to Phase are reasonably constrained by ports. II ports by the end of March 2020. Based competitive alternatives and market The Exchange believes that the on the experience of the Exchange’s participants can readily trade on proposal to pro-rate port fees does not affiliate, the Exchange anticipates that a competing venues if they deem pricing permit unfair discrimination because it low percentage of member organizations levels at those other venues to be more would apply equally to all member would be subject to the proposed favorable. organizations that connect to the Decommission Fee, and the firms likely The Exchange is proposing this Exchange, who would equally receive to be subject to such fee would be larger transition pricing for ports in the the benefit of being charged only for the firms that could more easily absorb the context of a competitive environment in connectivity utilized during any trading cost of that fee. The Exchange further which market participants can and do month beginning April 1, 2020. As believes that by providing nine months’ shift order flow, or discontinue or noted, to the extent a member notice of the Decommission Fee, all reduce use of certain categories of organization continues to use ports member organizations have an equal products in response to fee changes. activated before July 1, 2019 to connect opportunity to timely transition to Because ports are used by member to the Exchange during April 1, 2020 Phase II ports before the Decommission organizations to trade on the Exchange, and any subsequent months, the Fee would take effect. fees associated with ports are subject to Exchange believes it is fair, equitable Intermarket Competition. The these same competitive forces. If a and not unfairly discriminatory to Exchange does not believe the proposed particular exchange charges excessive continue to charge flat fees for such rule change would impose any burden fees for connectivity, impacted members ports until such time that connection to on intermarket competition that is not and non-members may opt to terminate the Exchange through the use of old necessary or appropriate because the their connectivity arrangements with ports is no longer available beginning Exchange operates in a highly that exchange, and adopt a possible October 1, 2020. competitive market in which market range of alternative strategies, including Finally, the Exchange believes that it participants can readily choose to send routing orders to the applicable is subject to significant competitive their orders to other exchange and off- exchange through another participant or forces, as described below in the exchange venues if they deem fee levels market center. Exchange’s statement regarding the at those other venues to be more The Exchange therefore believes that burden on competition. favorable. The Exchange believes that the proposal would not impose an For the foregoing reasons, the fees for connectivity are constrained by undue burden on intermarket Exchange believes that the proposal is the robust competition for order flow competition because the purpose of this consistent with the Act. among exchanges and non-exchange filing is not to change the rates charged markets. for ports but rather to, first, to provide B. Self-Regulatory Organization’s The Commission has repeatedly a cap on how much member Statement on Burden on Competition expressed its preference for competition organizations would be charged for In accordance with Section 6(b)(8) of over regulatory intervention in ports for a nine-month period so that the Act,31 the Exchange believes that the determining prices, products, and they would not incur additional charges proposed rule change would not impose services in the securities markets. any burden on competition that is not Specifically, in Regulation NMS, the 33 See Transaction Fee Pilot, 84 FR at 5253. necessary or appropriate in furtherance Commission highlighted the importance 34 See Cboe Global Markets, U.S. Equities Market of the purposes of the Act. Instead, as Volume Summary (June 28, 2019), available at of market forces in determining prices http://markets.cboe.com/us/equities/market_share/. discussed above, the Exchange believes and SRO revenues and, also, recognized See generally https://www.sec.gov/fast-answers/ that the proposed changes would offset that current regulation of the market divisionsmarketregmrexchangesshtml.html. the Exchange’s continuing costs of system ‘‘has been remarkably successful 35 See FINRA ATS Transparency Data (June 3, supporting the Phase I ports for the few in promoting market competition in its 2019), available at https://otctransparency.finra.org/ otctransparency/AtsIssueData. Although 54 firms that do not transition to during the broader forms that are most important to alternative trading systems were registered with the nine-month period and to adopt a fee investors and listed companies.’’ 32 Commission as of May 31, 2019, only 31 are cap and pro-rata billing for ports As the Commission itself recognized, currently trading. A list of alternative trading without any change to the fees currently the market for trading services in NMS systems registered with the Commission is available at https://www.sec.gov/foia/docs/atslist.htm. charged by the Exchange for the use of stocks has become ‘‘more fragmented 36 See Cboe Global Markets U.S. Equities Market Volume Summary (June 28, 2019), available at 31 15 U.S.C. 78f(b)(8). 32 See Regulation NMS, 70 FR at 37499. http://markets.cboe.com/us/equities/market_share/.

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during the transition to Pillar • Send an email to rule-comments@ SECURITIES AND EXCHANGE communication protocols, and second, sec.gov. Please include File Number SR– COMMISSION to provide that the fees for the few firms NYSE–2019–39 on the subject line. that do not transition to during the nine- Investment Company Act Release No. month period offset the Exchange’s Paper Comments 33551; 812–15032 continuing costs of supporting the Phase • Send paper comments in triplicate Northern Lights Fund Trust III, et al. I ports. The Exchange believes that the to: Secretary, Securities and Exchange proposal represents a reasonable Commission, 100 F Street NE, July 11, 2019. attempt to provide member Washington, DC 20549–1090. AGENCY: Securities and Exchange organizations with an orderly transition Commission (‘‘Commission’’). to upgraded technology without needing All submissions should refer to File ACTION: Notice. to incur any additional costs. If a Number SR–NYSE–2019–39. This file member organization is unable to number should be included on the Notice of an application for an order complete this transition within the nine- subject line if email is used. To help the under section 6(c) of the Investment month period, the pricing is designed to Commission process and review your Company Act of 1940 (the ‘‘Act’’) for an offset the Exchange’s continuing costs of comments more efficiently, please use exemption from sections 2(a)(32), supporting the Phase I ports. only one method. The Commission will 5(a)(1), 22(d), and 22(e) of the Act and rule 22c–1 under the Act, under C. Self-Regulatory Organization’s post all comments on the Commission’s internet website (http://www.sec.gov/ sections 6(c) and 17(b) of the Act for an Statement on Comments on the exemption from sections 17(a)(1) and rules/sro.shtml). Copies of the Proposed Rule Change Received From 17(a)(2) of the Act, and under section submission, all subsequent Members, Participants, or Others 12(d)(1)(J) for an exemption from No written comments were solicited amendments, all written statements sections 12(d)(1)(A) and 12(d)(1)(B) of or received with respect to the proposed with respect to the proposed rule the Act. The requested order would rule change. change that are filed with the permit (a) index-based series of certain Commission, and all written open-end management investment III. Date of Effectiveness of the communications relating to the companies (‘‘Funds’’) to issue shares Proposed Rule Change and Timing for proposed rule change between the redeemable in large aggregations only Commission Action Commission and any person, other than (‘‘Creation Units’’); (b) secondary market The foregoing rule change is effective those that may be withheld from the transactions in Fund shares to occur at upon filing pursuant to Section public in accordance with the negotiated market prices rather than at 19(b)(3)(A) 37 of the Act and provisions of 5 U.S.C. 552, will be net asset value (‘‘NAV’’); (c) certain subparagraph (f)(2) of Rule 19b–4 38 available for website viewing and Funds to pay redemption proceeds, thereunder, because it establishes a due, printing in the Commission’s Public under certain circumstances, more than fee, or other charge imposed by the Reference Room, 100 F Street NE, seven days after the tender of shares for Exchange. Washington, DC 20549 on official redemption; (d) certain affiliated At any time within 60 days of the business days between the hours of persons of a Fund to deposit securities filing of such proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the into, and receive securities from, the Commission summarily may filing also will be available for Fund in connection with the purchase temporarily suspend such rule change if inspection and copying at the principal and redemption of Creation Units; and it appears to the Commission that such office of the Exchange. All comments (e) certain registered management action is necessary or appropriate in the received will be posted without change. investment companies and unit public interest, for the protection of Persons submitting comments are investment trusts outside of the same investors, or otherwise in furtherance of group of investment companies as the cautioned that we do not redact or edit the purposes of the Act. If the Funds (‘‘Funds of Funds’’) to acquire personal identifying information from Commission takes such action, the shares of the Funds. comment submissions. You should Commission shall institute proceedings APPLICANTS: Howard Capital 39 submit only information that you wish under Section 19(b)(2)(B) of the Act to Management, Inc. (the ‘‘Initial to make available publicly. All determine whether the proposed rule Adviser’’), a Delaware corporation that change should be approved or submissions should refer to File is registered as an investment adviser disapproved. Number SR–NYSE–2019–39 and should under the Investment Advisers Act of be submitted on or before August 7, IV. Solicitation of Comments 1940, and Northern Lights Fund Trust 2019. III (the ‘‘Trust’’), a Delaware statutory Interested persons are invited to For the Commission, by the Division of trust registered under the Act as an submit written data, views, and Trading and Markets, pursuant to delegated open-end management investment arguments concerning the foregoing, authority.40 company with multiple series. including whether the proposed rule FILING DATES: The application was filed change is consistent with the Act. Eduardo A. Aleman, on May 14, 2019 and amended on June Comments may be submitted by any of Deputy Secretary. 20, 2019. the following methods: [FR Doc. 2019–15138 Filed 7–16–19; 8:45 am] HEARING OR NOTIFICATION OF HEARING: BILLING CODE 8011–01–P An Electronic Comments order granting the requested relief will • Use the Commission’s internet be issued unless the Commission orders comment form (http://www.sec.gov/ a hearing. Interested persons may rules/sro.shtml); or request a hearing by writing to the Commission’s Secretary and serving 37 15 U.S.C. 78s(b)(3)(A). applicants with a copy of the request, 38 17 CFR 240.19b–4(f)(2). personally or by mail. Hearing requests 39 15 U.S.C. 78s(b)(2)(B). 40 17 CFR 200.30–3(a)(12). should be received by the Commission

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by 5:30 p.m. on August 5, 2019, and will be based on the current bid/offer applicants assert that secondary market should be accompanied by proof of market. Any order granting the transactions in shares will not lead to service on applicants, in the form of an requested relief would be subject to the discrimination or preferential treatment affidavit, or for lawyers, a certificate of terms and conditions stated in the among purchasers. Finally, applicants service. Pursuant to rule 0–5 under the application. represent that share market prices will Act, hearing requests should state the 2. Each Fund will hold investment be disciplined by arbitrage nature of the writer’s interest, any facts positions selected to correspond opportunities, which should prevent bearing upon the desirability of a generally to the performance of an shares from trading at a material hearing on the matter, the reason for the Underlying Index. In the case of Self- discount or premium from NAV. request, and the issues contested. Indexing Funds, an affiliated person, as 6. With respect to Funds that effect Persons who wish to be notified of a defined in section 2(a)(3) of the Act creations and redemptions of Creation hearing may request notification by (‘‘Affiliated Person’’), or an affiliated Units in kind and that are based on writing to the Commission’s Secretary. person of an Affiliated Person (‘‘Second- certain Underlying Indexes that include ADDRESSES: Secretary, Securities and Tier Affiliate’’), of the Trust or a Fund, foreign securities, applicants request Exchange Commission, 100 F Street NE, of the Adviser, of any sub-adviser to or relief from the requirement imposed by Washington, DC 20549–1090; promoter of a Fund, or of the Distributor section 22(e) in order to allow such Applicants: Howard Capital will compile, create, sponsor or Funds to pay redemption proceeds Management, Inc., 1145 Hembree Road, maintain the Underlying Index.2 within fifteen calendar days following Roswell, Georgia 30076; Northern Lights 3. Shares will be purchased and the tender of Creation Units for Fund Trust III, 225 Pictoria Drive, Suite redeemed in Creation Units and redemption. Applicants assert that the 450, Cincinnati, OH 45246. generally on an in-kind basis. Except requested relief would not be FOR FURTHER INFORMATION CONTACT: where the purchase or redemption will inconsistent with the spirit and intent of Benjamin Kalish, Attorney-Adviser, at include cash under the limited section 22(e) to prevent unreasonable, (202) 551–7361, or Parisa Haghshenas, circumstances specified in the undisclosed or unforeseen delays in the Branch Chief, at (202) 551–6723 application, purchasers will be required actual payment of redemption proceeds. (Division of Investment Management, to purchase Creation Units by 7. Applicants request an exemption to Chief Counsel’s Office). depositing specified instruments permit Funds of Funds to acquire Fund (‘‘Deposit Instruments’’), and SUPPLEMENTARY INFORMATION: The shares beyond the limits of section following is a summary of the shareholders redeeming their shares 12(d)(1)(A) of the Act; and the Funds, application. The complete application will receive specified instruments and any principal underwriter for the may be obtained via the Commission’s (‘‘Redemption Instruments’’). The Funds, and/or any broker or dealer website by searching for the file Deposit Instruments and the registered under the Exchange Act, to number, or for an applicant using the Redemption Instruments will each sell shares to Funds of Funds beyond Company name box, at http:// correspond pro rata to the positions in the limits of section 12(d)(1)(B) of the www.sec.gov/search/search.htm or by the Fund’s portfolio (including cash Act. The application’s terms and calling (202) 551–8090. positions) except as specified in the conditions are designed to, among other application. things, help prevent any potential (i) Summary of the Application 4. Because shares will not be undue influence over a Fund through 1. Applicants request an order that individually redeemable, applicants control or voting power, or in would allow Funds to operate as index request an exemption from section connection with certain services, exchange traded funds (‘‘ETFs’’).1 Fund 5(a)(1) and section 2(a)(32) of the Act transactions, and underwritings, (ii) shares will be purchased and redeemed that would permit the Funds to register excessive layering of fees, and (iii) at their NAV in Creation Units only. All as open-end management investment overly complex fund structures, which orders to purchase Creation Units and companies and issue shares that are are the concerns underlying the limits all redemption requests will be placed redeemable in Creation Units only. in sections 12(d)(1)(A) and (B) of the by or through an ‘‘Authorized 5. Applicants also request an Act. Participant,’’ which will have signed a exemption from section 22(d) of the Act 8. Applicants request an exemption participant agreement with the and rule 22c–1 under the Act as from sections 17(a)(1) and 17(a)(2) of the Distributor. Shares will be listed and secondary market trading in shares will Act to permit persons that are Affiliated traded individually on a national take place at negotiated prices, not at a Persons, or Second-Tier Affiliates, of the securities exchange, where share prices current offering price described in a Funds, solely by virtue of certain Fund’s prospectus, and not at a price ownership interests, to effectuate 1 Applicants request that the order apply to the based on NAV. Applicants state that (a) purchases and redemptions in-kind. The new series of the Trust identified and described in secondary market trading in shares does deposit procedures for in-kind Appendix A to that application and any additional not involve a Fund as a party and will purchases of Creation Units and the series of the Trust, and any other open-end not result in dilution of an investment management investment company or series thereof redemption procedures for in-kind (each, included in the term ‘‘Fund’’), each of which in shares, and (b) to the extent different redemptions of Creation Units will be will operate as an ETF and will track a specified prices exist during a given trading day, the same for all purchases and index comprised of domestic and/or foreign equity or from day to day, such variances occur redemptions, and Deposit Instruments securities and/or domestic and/or foreign fixed as a result of third-party market forces, income securities (each, an ‘‘Underlying Index’’). and Redemption Instruments will be Each Fund will (a) be advised by the Initial Adviser such as supply and demand. Therefore, valued in the same manner as those or an entity controlling, controlled by, or under investment positions currently held by 2 common control with the Initial Adviser (each such Each Self-Indexing Fund will post on its website the Funds. Applicants also seek relief entity and any successor thereto, an ‘‘Adviser’’) and the identities and quantities of the investment (b) comply with the terms and conditions of the positions that will form the basis for the Fund’s from the prohibitions on affiliated application. For purposes of the requested order, calculation of its NAV at the end of the day. transactions in section 17(a) to permit a the term ‘‘successor’’ is limited to an entity or Applicants believe that requiring Self-Indexing Fund to sell its shares to and redeem its entities that result from a reorganization into Funds to maintain full portfolio transparency will shares from a Fund of Funds, and to another jurisdiction or a change in the type of help address, together with other protections, business organization. conflicts of interest with respect to such Funds. engage in the accompanying in-kind

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transactions with the Fund of Funds.3 ‘‘Exchange’’) filed with the Securities states that permitting the Exchange to The purchase of Creation Units by a and Exchange Commission declare a regulatory halt in such Fund of Funds directly from a Fund will (‘‘Commission’’), pursuant to Section securities before trading on the be accomplished in accordance with the 19(b)(1) of the Securities Exchange Act Exchange begins would avoid potential policies of the Fund of Funds and will of 1934 (‘‘Act’’) 1 and Rule 19b–4 price disparities or anomalies that may be based on the NAVs of the Funds. thereunder,2 a proposed rule change to occur during any UTP trading before the 9. Section 6(c) of the Act permits the amend Rule 123D to permit the first transaction on the primary listing Commission to exempt any persons or Exchange to declare a regulatory halt in exchange. The Exchange states that transactions from any provision of the a security that traded in the over-the- quoting and trading in the pre-market of Act if such exemption is necessary or counter market prior to the initial an OTC transfer can be erratic and that appropriate in the public interest and pricing on the Exchange. The proposed investors may be harmed if their consistent with the protection of rule change was published for comment securities trade during this period. The investors and the purposes fairly in the Federal Register on June 6, 2019.3 Exchange asserts that the proposed intended by the policy and provisions of The Commission has received no limited authority to declare a regulatory the Act. Section 12(d)(1)(J) of the Act comment letters on the proposal. This halt in the hours prior to the OTC provides that the Commission may order approves the proposed rule transfer’s initial pricing on the Exchange exempt any person, security, or change. would mitigate any potential price transaction, or any class or classes of disparities and contribute to a fair and persons, securities, or transactions, from II. Description of the Proposal orderly market once the security opens any provision of section 12(d)(1) if the The Exchange has proposed to amend on the Exchange and would be exemption is consistent with the public Rule 123D(d) to permit the Exchange to consistent with the protection of interest and the protection of investors. declare a regulatory halt in a security investors and the public interest. Section 17(b) of the Act authorizes the that traded in the over-the-counter Commission to grant an order III. Discussion and Commission market prior to the initial pricing on the Findings permitting a transaction otherwise Exchange. prohibited by section 17(a) if it finds Currently, Rule 123D(d) permits the After careful review, the Commission that (a) the terms of the proposed Exchange to declare a regulatory halt in finds that the proposed rule change is transaction are fair and reasonable and a security that is the subject of an initial consistent with the requirements of the do not involve overreaching on the part pricing on the Exchange of a security Act and the rules and regulations of any person concerned; (b) the and that has not been listed on a thereunder applicable to a national 4 proposed transaction is consistent with national securities exchange or traded in securities exchange. In particular, the the policies of each registered the over-the-counter market pursuant to Commission finds that the proposed investment company involved; and (c) rule change is consistent with Section FINRA Form 211 (the ‘‘OTC market’’) 5 the proposed transaction is consistent immediately prior to the initial pricing. 6(b)(5) of the Act, which requires, with the general purposes of the Act. Accordingly, the Exchange has authority among other things, that the rules of a For the Commission, by the Division of to declare a regulatory halt for any national securities exchange be Investment Management, under delegated initial listing that is not a transfer from designed to prevent fraudulent and authority. either another national securities manipulative acts and practices, to Eduardo A. Aleman, exchange or the OTC market. Regulatory promote just and equitable principles of trade, to remove impediments to and Deputy Secretary. halts under the rule terminate when the perfect the mechanism of a free and [FR Doc. 2019–15146 Filed 7–16–19; 8:45 am] assigned Designated Market Maker open market and a national market BILLING CODE 8011–01–P (‘‘DMM’’) opens the security. system, and, in general, to protect The Exchange has proposed to delete investors and the public interest, and the clause ‘‘or traded in the over-the- that those rules not be designed to SECURITIES AND EXCHANGE counter market pursuant to FINRA Form permit unfair discrimination between COMMISSION 211’’ in NYSE Rule 123D(d). The customers, issuers, brokers, or dealers. [Release No. 34–86351; File No. SR–NYSE– proposed amendment would thus The Commission believes that 2019–32] enable the Exchange to declare a extending the authority of the Exchange regulatory halt for a security that is to declare a regulatory trading halt prior Self-Regulatory Organizations; New having its initial listing on the Exchange to the initial pricing on the Exchange of York Stock Exchange LLC; Order and that was traded in the OTC market securities that were previously traded in Granting Approval of a Proposed Rule immediately prior to its initial pricing the OTC market is consistent with the Change To Amend NYSE Rule 123D on the Exchange. Act because it is reasonably designed to The Exchange notes that, although an July 11, 2019. address any potential price disparities OTC market security that will be listed or anomalies that may occur during UTP I. Introduction on a primary listing exchange will be trading before the first transaction on On May 24, 2019, New York Stock removed from the OTC trading list on the Exchange. The Commission notes Exchange LLC (‘‘NYSE’’ or the the day before its initial pricing on the that this regulatory halt would be exchange, on the day of its initial terminated when the DMM opens the 3 The requested relief would apply to direct sales listing, that security can trade on an security, and would be for the limited of shares in Creation Units by a Fund to a Fund of unlisted trading privileges (‘‘UTP’’) purpose of precluding other markets Funds and redemptions of those shares. Applicants basis before the first transaction on the from trading the security until the are not seeking relief from section 17(a) for, and the primary listing exchange. The Exchange requested relief will not apply to, transactions where a Fund could be deemed an Affiliated 4 15 U.S.C. 78f(b). In approving this proposed rule Person, or a Second-Tier Affiliate, of a Fund of 1 15 U.S.C. 78s(b)(1). change, the Commission has considered the Funds because an Adviser or an entity controlling, 2 17 CFR 240.19b–4. proposed rule change’s impact on efficiency, controlled by or under common control with an 3 See Securities Exchange Act Release No. 85990 competition, and capital formation. See 15 U.S.C. Adviser provides investment advisory services to (May 31, 2019), 84 FR 26462 (June 6, 2019) 78c(f). that Fund of Funds. (‘‘Notice’’). 5 15 U.S.C. 78f(b)(5).

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Exchange has completed the initial provide for the clearing of credit default Prior to the commencement of pricing process. The Commission index swaptions. clearing of Index Swaptions, ICC believes this proposed change is intends to adopt certain other policies II. Clearing Agency’s Statement of the reasonably designed to facilitate the and procedures, including a new set of Purpose of, and Statutory Basis for, the initial opening by the DMM and thereby Exercise Procedures, which will address Proposed Rule Change, Security-Based promote fair and orderly markets and in further detail the manner in which Swap Submission, or Advance Notice the protection of investors. Index Swaptions may be exercised by Swaption Buyers and the manner in IV. Conclusion In its filing with the Commission, ICC included statements concerning the which ICC will assign such exercises to It is therefore ordered, pursuant to purpose of and basis for the proposed Swaption Sellers. ICC also expects to 6 Section 19(b)(2) of the Act, that the rule change, security-based swap make certain changes to its Risk proposed rule change (SR–NYSE–2019– submission, or advance notice and Management Model Description relating 32) be, and it hereby is, approved. discussed any comments it received on to the initial margin model for Index For the Commission, by the Division of the proposed rule change, security- Swaptions. ICC will make subsequent Trading and Markets, pursuant to delegated based swap submission, or advance filings pursuant to Rule 19b–4 with authority.7 notice. The text of these statements may respect to such additional or amended Eduardo A. Aleman, be examined at the places specified in policies or procedures as required. ICC Deputy Secretary. Item IV below. ICC has prepared does not intend to commence clearing of [FR Doc. 2019–15133 Filed 7–16–19; 8:45 am] summaries, set forth in sections (A), (B), Index Swaptions until any such additional filings, as well as the current BILLING CODE 8011–01–P and (C) below, of the most significant aspects of these statements. filing (‘‘Index Swaptions Related Filings’’) have been approved by the (A) Clearing Agency’s Statement of the SECURITIES AND EXCHANGE Commission or otherwise become Purpose of, and Statutory Basis for, the COMMISSION effective. As such, ICC proposes to make Proposed Rule Change, Security-Based the changes to the Rules, EOD Policy, Swap Submission, or Advance Notice [Release No. 34–86358; File No. SR–ICC– and Risk Framework effective following 2019–007] (a) Purpose the approval of all Index Swaptions Related Filings and the completion of Self-Regulatory Organizations; ICE ICE Clear Credit proposes the ICC governance process surrounding Clear Credit LLC; Proposed Rule amendments to its Rules, End-of-Day the Index Swaptions product expansion. Price Discovery Policies and Procedures Change, Security-Based Swap Rule Amendments Submission, or Advance Notice (the ‘‘EOD Policy’’) and Risk Relating to the ICC Rules, ICC End-of- Management Framework (the ‘‘Risk In new Subchapter 26R, Rule 26R–102 Day Price Discovery Policies and Framework’’) to provide for the clearing will set out key definitions used for Procedures, and ICC Risk Management by ICC of credit default index swaptions Index Swaptions, which are generally Framework (‘‘Index Swaptions’’). Pursuant to an similar to those used in the subchapters Index Swaption, one party (the for other index Contracts cleared by ICC. July 11, 2019. ‘‘Swaption Buyer’’) has the right (but Key defined terms would include Pursuant to Section 19(b)(1) of the not the obligation) to cause the other ‘‘Eligible Untranched Swaption Index’’, Securities Exchange Act of 1934 (the party (the ‘‘Swaption Seller’’) to enter which would specify the applicable 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, into an index credit default swap series and version of a CDX or iTraxx notice is hereby given that on June 28, transaction at a pre-determined strike index or sub-index underlying an Index 2019, ICE Clear Credit LLC (‘‘ICC’’) filed price on a specified expiration date on Swaption. As with other index with the Securities and Exchange specified terms. In the case of Index Contracts, ICC would maintain a List of Commission the proposed rule change, Swaptions that would be cleared by ICC, Eligible Untranched Swaption Indices, security-based swap submission, or the underlying index credit default which will contain the Eligible advance notice as described in Items I, swap would be limited to certain CDX Untranched Swaption Indices as well as II and III below, which Items have been and iTraxx Europe index credit default the eligible expiration dates and strike prepared by ICC. The Commission is swaps that are accepted for clearing by prices, as well as other relevant terms, publishing this notice to solicit ICC, and which would be automatically for Index Swaptions that will be comments on the proposed rule change, cleared by ICC upon exercise of the accepted for clearing by ICC. The rule security-based swap submission, or Index Swaption by the Swaption Buyer would define the ‘‘Relevant Index advance notice from interested persons. in accordance with its terms. Swaption Untranched Terms I. Clearing Agency’s Statement of the ICC is proposing to adopt a new Supplement’’, which is the market- Terms of Substance of the Proposed Subchapter 26R of its Rules, which will standard published standard terms Rule Change, Security-Based Swap set out the contract terms and document for index swaptions of the Submission, or Advance Notice specifications for cleared Index relevant type that would be Swaptions. ICC is also proposing to incorporated by reference into the The principal purpose of the adopt amendments to its EOD Policy contract terms in the Rules for a cleared proposed rule change is to make certain which would establish an end-of-day Index Swaption. The rule also would changes to ICC’s Clearing Rules (the (‘‘EOD’’) settlement price submission define the ‘‘Underlying Contract,’’ ‘‘Rules’’) 3 and related procedures to process for Index Swaptions. Proposed which would be the index CDS Contract amendments to the Risk Framework into which the Index Swaption may be 6 15 U.S.C. 78s(b)(2). 7 would address the margining and risk exercised, and the ‘‘Underlying New 17 CFR 200.30–3(a)(12). Trade,’’ which would be a new single 1 15 U.S.C. 78s(b)(1). management processes for Index 2 17 CFR 240.19b–4. Swaptions, among other matters. The name CDS trade that would arise upon 3 Capitalized terms used but not defined herein text of the proposed amendments is exercise of an Index Swaption where a have the meanings specified in the Rules. attached [sic] in Exhibit 5. relevant Restructuring Credit Event, if

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applicable, has occurred with respect to the ICC Board or its designee would be the fixed rate payer under the a reference entity in the relevant index. determine whether Index Swaptions Underlying Contract. The submission New Rule 26R–103 would clarify the referencing the existing standard terms would also specify the scheduled application of certain aspects of the supplement would be fungible with termination date of the Underlying Rules to Index Swaptions. For most Index Swaptions referencing the new Contract and original notional amount purposes of the Rules, including standard terms supplement, and if so, of the Underlying Contract. Chapters 20 (regarding default ICC would update existing Index Procedures for exercise and management), 20A (regarding transfers Swaptions to reference the new assignment of Index Swaptions would of positions), 21 (regarding standard terms supplement. be addressed in new Rule 26R–318. determination of credit events) and 26E Rule 26R–317 specifies other key Specifically, an Open Position in an (regarding restructuring credit events), terms for Index Swaptions. Subsection Index Swaption may be exercised on its Index Swaptions would be treated as (a) addresses certain modifications to expiration date by the relevant CDS Contracts. Although Index the Relevant Index Swaption Standard Participant (or, in the case of a client Swaptions are ‘‘physically settled,’’ as Terms Supplement and the 2014 position, the relevant Non-Participant that term is understood in the market for Definitions incorporated therein, in the Party) that is the Swaption Buyer swaptions (meaning that the swaption, context of an Index Swaption delivering an exercise notice to ICC.5 upon exercise, will result in the parties referencing a CDX.NA index. These When ICC receives exercise notices in entering into an index credit default generally reflect changes necessary to respect of a particular type of Index swap position on the specified terms), accommodate the clearing of the Index Swaption on its expiration date, ICC the physical settlement terms for CDS Swaption transactions, including to will assign the exercise notices to Open Contracts in Chapter 22 of the Rules incorporate the clearing house’s Positions of Participants that are would not apply to settlement of the procedures for determination of a Credit Swaption Sellers (across both the house Index Swaption itself. Once an Index Event and for application of physical and customer origin accounts) in Swaption has been exercised, the settlement, and are consistent with accordance with the Exercise resulting Underlying Contract and similar modifications used for the Procedures. Such an assignment will Underlying New Trade, if any, would Underlying Contract itself under the constitute exercise by ICC of its Index themselves be treated as CDS Contracts applicable subchapter of Chapter 26 of Swaption position against such for all purposes of the Rules. the Rules. Subsection (b) makes similar Swaption Sellers (and the exercise of In Rule 26R–309, CDS Participants modifications in the case of an Index the position between the exercising agree to use reasonable efforts not to Swaption referencing an iTraxx Europe Swaption Buyer and ICC and an submit for clearing an Index Swaption index. Rule 26R–317(c) states explicitly offsetting position between ICC and the at a time when the Underlying Contract that Index Swaptions will be physically assigned Swaption Seller will be could not be submitted for clearing settled in accordance with Subchapter deemed to occur simultaneously). The under the Rules or at a time when the 26R (and not, for the avoidance of assignment of an exercise notice does CDS Participant would be under an doubt, the physical settlement rules in not create a direct relationship between obligation to use reasonable efforts not Chapter 22 (which may apply to the the exercising Swaption Buyer and the to submit such Underlying Contract. settlement of the Underlying Contract, if assigned Swaption Seller; both such (The Rules related to CDS Contracts applicable, but not to the settlement of parties continue to face ICC as clearing cleared by ICC impose limitations on the Index Swaption)). organization. Index Swaptions that are submission of trades for clearing at Rule 26–317(d) sets out certain terms not validly exercised on the expiration certain times.) 4 As with other CDS and elections under the Relevant Index date will expire without further Contracts under the Rules, a CDS Swaption Untranched Terms obligation of any party. Participant would also be required to Supplement that will apply to all Index New Rule 26R–319 would address notify ICC if it has submitted an Index Swaptions of a particular type and procedures for settlement of an Swaption that was not a Conforming underlying index. Significantly, ICC exercised Index Swaption. Upon Trade under the Rules. will only accept Index Swaptions that exercise, a cleared Contract in the form Rule 26R–315 would establish certain are European style, such that the option of the Underlying Contract will basic terms for Index Swaptions. The may only be exercised on the expiration automatically come into effect as Rule would provide that the Index date. ICC is defined as the Calculation between the exercising Swaption Buyer Swaption is governed by the Relevant Agent, except as provided in the CDS and ICC and an offsetting cleared Index Swaption Untranched Terms Committee Rules in Chapter 21. The Contract will automatically come into Supplement (which contains the market rule would also set out certain elections effect as between ICC and the assigned standard terms for uncleared Index regarding the Underlying Contract. Swaption Seller. A settlement payment Swaptions of the relevant type), subject Rule 26–317(e) would set out the in connection with the exercise to the relevant provisions of Subchapter terms for an Index Swaption that must (representing a strike adjustment 26R of the Rules (which would govern be included in the submission of a amount based on the strike price of the in the case of any inconsistency). The transaction for clearing, including Index Swaption and an accrual amount approach is consistent with the identifying the underlying index, (reflecting the accrued fixed payment treatment of other cleared index CDS swaption trade date, expiration date, for the Underlying Contract through Contracts under the Rules, which rely Swaption Buyer, Swaption Seller, strike expiration)) will be paid by one party to on and incorporate their own forms of price and swaption premium. The standard terms supplements. submission would also specify whether 5 ICC contemplates that it will adopt a set of Rule 26R–316 would address the the Index Swaption is a ‘‘payer’’ or Exercise Procedures that will provide further detail as to the manner in which Index Swaptions may be situation where a new Index Swaption ‘‘call’’ option, in which case the exercised by Swaption Buyers and in which notices Untranched Terms Supplement is Swaption Buyer, upon exercise, would of exercise will be assigned to Swaption Sellers. published. Consistent with ICC’s be the fixed rate payer under the The Exercise Procedures may also detail any Underlying Contract, or a ‘‘receiver’’ or circumstances under which Index Swaptions would practice for other index CDS Contracts, be automatically exercised at expiration. ICC ‘‘put’’ option, in which case the expects that it will separately file such procedures 4 See, e.g., ICC Rule 26A–309. Swaption Seller, upon exercise, would for approval under Rule 19b–4 as required.

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the other in accordance with the terms EOD Policy Amendments in any strip of puts or calls, the of the relevant Index Swaption (based ICC also proposes to amend its EOD Participant must provide submissions on the Relevant Index Swaption Policy to incorporate Index Swaptions. for all clearing-eligible instruments in Untranched Terms Supplement). The EOD Policy sets out ICC’s EOD that strip of puts or calls and the Consistent with the terms of the Index price discovery process used to corresponding strip of calls or puts. In Swaption, additional settlements may determine the daily settlement prices for addition, if an insufficient number of be required under Rule 26R–319(b) if all cleared Contracts, based on Participants are required to submit one or more Credit Events has occurred submissions made by Participants. The under this standard, ICC may require all with respect to the underlying index at amended EOD Policy would specify the Participants to provide relevant or prior to the expiration date of the characteristics that define a unique submissions. Under the amendments, Index Swaption. In general, such Index Swaption instrument for purposes ICC would establish a separate price settlements are designed so that the of price submissions, including exercise submission window for Index party in the position of the protection style, underlying index, option type (put Swaptions that differs from the current buyer under the Index Swaption would or call), expiration date, strike price and submission window for CDS Contracts. receive settlement for all such Credit convention (price or spread) and The policy would specify the required Events as if it had held the Underlying format of submissions, and permit either Contract at the time of the Credit Event. transaction type (reflecting the applicable legal documentation). The midpoint or bid-offer pair submissions. These settlement amounts may include ICC will convert submissions into auction cash settlement amounts, fixed policy would further define a ‘‘put/call surface pair,’’ as the group of Index standardized bid-offer pairs using the rate payments, and accruals with calculated EOD BOW as discussed respect to such credit events. The Swaptions with the same combination above. ICC would also determine proposed rule would also provide for an of underlying index, strike convention implied forward prices for all additional accrual amount, owed by the and transaction type, but differ with underlying index instruments for which party that is in the position of fixed rate respect to option type, expiration date EOD Index Swaption prices are payer or floating rate payer, as and strike price, and a ‘‘surface,’’ as the determined, for maturities applicable, to ensure consistency in group of Index Swaptions from a given economic result where the swaption put/call surface pair with the same corresponding to each Index Swaption expiration occurs after the relevant option type (such that for every put/call expiration date. auction date for a Credit Event as surface pair there is a put surface and ICC would apply its firm trade compared to cases where expiration a call surface). Under the policy, a requirements, under which a subset of occurs before the auction date. Rule ‘‘strip’’ would be referred to as the trades generated by ICC’s cross-and lock 26R–319(b) also addresses cases where group of Index Swaptions on a given algorithm are required to be entered into the relevant Underlying Contract is surface with the same expiration date by Participants, to Index Swaptions. As itself subject to physical settlement (but with different strike prices). with other cleared products, there under Chapter 22 of the Rules, and The revised EOD Policy would would be a notional limit for firm Index provides for matching of Swaption establish a methodology for determining Option trades for Participants affiliate Buyers and Swaption Sellers for that EOD bid-offer widths (‘‘BOWs’’) for groups. The amended policy would set purpose. Rule 26R–319(c) would apply clearing-eligible Index Swaptions, out procedures for determining the in the case of a relevant M(M)R which are used for establishing EOD relevant firm trade days for Index Restructuring Credit Event, and provide settlement prices. Under the Swaptions and the strips of puts and for delivery of MP Notices (both methodology, ICC uses the EOD BOW of calls that are firm-trade eligible. Firm Restructuring Credit Event Notices and the Underlying Contract in price terms trades in Index Swaptions may be Notices to Exercise Movement Option) for each put/call surface pair. For each eligible for reversing transactions, in a by Swaption Buyer and Swaption strip, ICC would determine an around- similar manner to other firm trades. at-the money BOW using the underlying Sellers prior to expiration of the Index The amendments would address Swaption, which will have effect with index EOD BOW and scaling factors that take into account time to expiry and the distribution of Index Swaption prices, respect to the Underlying New Trade both to Participants and publicly. The established if the Index Swaption is magnitude of an at-the-money swaption’s BOW as related of the BOW amendments also amend the governance exercised. Subsection (c) also addresses provisions of the EOD Policy to settlement with respect to the of the underlying. ICC then determines a systematic BOW for each Index incorporate the relevant functions of the Underlying New Trade. ICC Risk Management Department Rule 26R–502 would clarify that Swaption on a strip by applying an in- regarding Index Swaptions. The table in certain actions do not constitute the-moneyness scaling factor based on the appendix setting out the timing for Specified Actions subject to Risk strike prices. The final BOW for an various aspects of the price submission Committee consultation, including Index Swaption would be determined as adding new eligible strike prices and the greater of the systematic BOW and process would also be updated to expiration dates for Index Swaptions a dynamic BOW determined on the incorporate Index Swaptions. and adding new series and tenors for the range of a series of unique price The amendments would make certain Underlying Contracts for Index submissions made by Participants for other clarifications to the EOD Policy, Swaptions. Consistent with similar the particular Index Swaption including references to additional provisions for other product (excluding certain of the largest and alternative price sources that ICC may subchapters, Rule 26R–616 would smallest elements), in a manner similar use in establishing settlement prices. provide that actions to give effect to to that currently used for calculating Certain clarifications would be made to certain determinations of the Credit dynamic BOWs for single name the existing process for index and single Derivatives Determinations Committee instruments. name CDS Contracts to distinguish it or Regional CDS Committee, such as The EOD Policy also would set out from the additional submission process succession events and the like, would price submission requirements for for Index Swaptions. Certain updates to not constitute a Contract Modification Participants. If a Participant has a gross defined terms and typographical and for purposes of the Rules. notional position in any Index Swaption similar corrections would also be made.

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Risk Framework Amendments protection of investors and the public the meaning of Section 17A(b)(3)(F) of interest.8 the Act. ICC would make conforming changes The amendments would provide for The amendments will also satisfy to its Risk Framework to incorporate the clearing of an additional type of relevant requirements of Rule 17Ad– clearing of Index Swaptions. The contract, Index Swaptions. When 22,9 as set forth in the following amendments would, among other exercised, Index Swaptions would discussion. matters, define Index Swaptions and result in the creation of an underlying Financial Resources. Rule 17Ad– identify key terms of Index Swaptions, index CDS Contract cleared by ICC. 22(b)(2)–(3) 10 requires, in relevant part, consistent with the Rules and EOD Index Swaptions would only relate to a clearing agency for security-based Policy. For risk management purposes, underlying index CDS Contracts that are swaps to establish, implement, maintain the Risk Framework would define an accepted for clearing by ICC. The Rule and enforce written policies and instrument as a specific combination of amendments would provide for the procedures reasonably designed to ‘‘use underlying index, expiration date, strike creation of a new Subchapter 26R of the margin requirements to limit its credit price, option type, exercise type, Rules governing the terms and exposures to participants under normal currency and transaction type. The conditions of Index Swaptions. In market conditions and use risk-based amendments would address the general, the Rules would incorporate models and parameters to set margin application of the ICC initial margin market-standard documentation for requirements’’ and maintain financial model to Index Swaptions, including Index Swaptions (much as ICC does for resources ‘‘sufficient to withstand, at a the integrated spread response other categories of cleared contract), minimum, a default by the two component of the margin model, based with applicable changes to reflect the participant families to which it has the on implied forward looking Index clearing process at ICC. The Rule largest exposure in extreme but Swaption prices. Index Swaptions amendments would also provide for the plausible market conditions.’’ As would not be eligible for index-single exercise of Index Swaptions by discussed above, ICC is modifying the name decomposition benefits for Swaption Buyers, and the assignment of Risk Framework, and in particular the purposes of determining the integrated exercised positions to Swaption Sellers, initial margin model, to apply to Index spread response and accordingly would and the settlement of Index Swaptions Swaptions. With these modifications, not be subject to basis risk requirements following exercise. The revised EOD ICC believes that its initial margin and based on decomposed index positions. Policy would provide a means for daily guaranty fund resources will be Certain price-based scenarios and jump pricing of Index Swaptions for sufficient to meet ICC’s financial to default requirements in the margin settlement and margining purposes, in a obligations to Participants with respect model would, in the case of Index manner similar to that for other cleared to cleared Index Swaptions as well as Swaptions, be applied to delta Contracts. In addition, the Risk other cleared Contracts notwithstanding equivalent notional amounts of the Framework would be updated, a default by the two Participant families underlying index swap position. The principally to incorporate Index creating the largest combined loss, in framework would also apply Swaptions into the ICC’s initial margin extreme but plausible market concentration charges to Index model, among other risk management conditions, consistent with these Swaption positions, based on delta matters. In ICC’s view, clearing of Index regulatory requirements. ICC does not equivalent notional amounts of the Swaptions on these terms and propose to otherwise reduce or change underlying index. arrangements would extend the benefits its financial resources. Amendments to the Risk Framework of clearing to market participants that Operational Resources. Rule 17Ad– would also remove certain outdated use these products, enhancing the 22(d)(4) requires a clearing agency to references and clarify certain risk functioning of the derivatives markets establish, implement, maintain and management data and systems used in and providing increased ability for enforce written policies and procedures the margin models. Risk management market participants to manage risk reasonably designed to ‘‘identify sources review procedures contained in an through the cleared environment. With of operational risk and minimize them appendix to the document would also the proposed amendments to the EOD through the development of appropriate 11 be updated to incorporate Index Policy and Risk Framework, ICC systems, controls and procedures.’’ Swaptions. believes the Index Swaptions can be ICC proposes to modify its EOD Policy and Risk Framework to facilitate pricing (b) Statutory Basis effectively cleared within ICC’s existing clearing arrangements and related and risk management of Index Swaptions, within ICC’s existing ICC believes that the proposed rule financial safeguards, protections and systems and procedures. ICC believes changes are consistent with the risk management procedures. Margin that with these modifications, its requirements of Section 17A of the Act 6 provided in connection with the operational and managerial resources and the regulations thereunder clearing of Index Swaptions would be will be sufficient to support clearing of applicable to it, including the applicable held by ICC in the same manner, and 7 with the same protections, as margin Index Swaptions, consistent with the standards under Rule 17Ad–22. In 12 provided in respect of other cleared requirements of Rule 17Ad–22(d)(4). particular, Section 17A(b)(3)(F) of the Settlement Procedures. Rule 17Ad– Act requires that that the rule change be Contracts. Accordingly, in ICC’s view, 22(d)(12) 13 requires a clearing agency to consistent with the prompt and accurate the amendments are consistent with the establish, implement, maintain and clearance and settlement of securities prompt and accurate clearance and enforce written policies and procedures transactions and derivative agreements, settlement of derivatives transactions reasonably designed to ‘‘ensure that contracts and transactions cleared by cleared by ICC, the safeguarding of final settlement occurs no ICC, the safeguarding of securities and securities and funds in the custody or control of ICC or for which it is funds in the custody or control of ICC 9 17 CFR 240.17Ad–22. or for which it is responsible, and the responsible, and the protection of 10 17 CFR 240.17Ad–22(b)(2)–(3). investors and the public interest, within 11 17 CFR 240.17Ad–22(d)(4). 6 15 U.S.C. 78q–1. 12 17 CFR 240.17Ad–22(d)(4). 7 17 CFR 240.17Ad–22. 8 15 U.S.C. 78q–1(b)(3)(F). 13 17 CFR 240.17Ad–22(d)(12).

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later than the end of the settlement day, (B) Clearing Agency’s Statement on (B) institute proceedings to determine and require that intraday or real-time Burden on Competition whether the proposed rule change finality be provided where necessary to ICE Clear Credit does not believe the should be disapproved. reduce risks.’’ ICC proposes to amend its proposed amendments would have any IV. Solicitation of Comments EOD Policy to accommodate Index impact, or impose any burden, on Interested persons are invited to Swaptions. The revised policy will competition not necessary or provide a robust basis for calculation of submit written data, views, and appropriate in furtherance of the arguments concerning the foregoing, EOD settlement prices for cleared Index purpose of the Act. The amendments Swaptions, which in turn will serve as including whether the proposed rule will authorize the clearing of Index change, security-based swap the basis for Mark-to-Market Margin Swaptions as an additional type of settlement for Index Swaptions. As submission, or advance notice is Contract. Index Swaptions will be consistent with the Act. Comments may such, ICC believes its arrangements for available to all ICC Participants for settlement of Index Swaptions will be be submitted by any of the following clearing. ICC does not believe methods: consistent with the requirements of the acceptance of Index Swaptions for Rule as to the finality and accuracy of clearing would adversely affect the Electronic Comments its daily settlement process. trading markets for such contracts, and • Use the Commission’s internet In addition, Rule 17Ad–22(d)(15) in fact acceptance of such contracts by comment form (http://www.sec.gov/ requires the clearing agency to establish, ICC would provide market participants rules/sro.shtml); or implement, maintain and enforce with the additional flexibility to have • Send an email to rule-comments@ written policies and procedures their Index Swaptions cleared. sec.gov. Please include File Number SR– reasonably designed to ‘‘state to its Acceptance of the Index Swaptions for ICC–2019–007 on the subject line. participants the clearing agency’s clearing will not, in ICC’s view, Paper Comments obligations with respect to physical adversely affect clearing of any other deliveries and identify and manage the currently cleared product. As a result, Send paper comments in triplicate to 14 risks from these obligations.’’ The ICC does not believe the amendments Secretary, Securities and Exchange amended Rules clearly set out the would adversely affect the ability of Commission, 100 F Street NE, procedures for settlement of Index Participants, their customers or other Washington, DC 20549. Swaptions on exercise, which result in market participants to continue to clear All submissions should refer to File the creation of a cleared underlying contracts, including CDS Contracts. ICC Number SR–ICC–2019–007. This file index CDS Contract (and in some cases also does not believe the enhancements number should be included on the in the event of a Restructuring Credit would adversely affect the cost of subject line if email is used. To help the Event, an Underlying New Trade). The clearing or otherwise limit market Commission process and review your Rules also provide for settlements of Participants’ choices for selecting comments more efficiently, please use credit events that occur prior to exercise clearing services in Index Swaptions, only one method. The Commission will of an Index Swaption, consistent with credit default swaps or other products. post all comments on the Commission’s the documentation for such contracts. In Accordingly, ICC does not believe the internet website (http://www.sec.gov/ ICC’s view, the Rules, as well as the amendments would impose any burden rules/sro.shtml). Copies of the amended Risk Framework and its on competition not necessary or submission, all subsequent existing risk management procedures, appropriate in furtherance of the amendments, all written statements enable ICC to identify and manage the purpose of the Act. with respect to the proposed rule risks of settlement of Index Swaptions change, security-based swap on exercise. As such, the amendments (C) Clearing Agency’s Statement on submission, or advance notice that are would satisfy the requirements of the Comments on the Proposed Rule filed with the Commission, and all Rule. Change, Security-Based Swap written communications relating to the Default Procedures. Rule 17Ad– Submission, or Advance Notice proposed rule change, security-based 22(d)(11) 15 requires the clearing agency Received From Members, Participants or swap submission, or advance notice to establish, implement, maintain and Others between the Commission and any enforce written policies and procedures Written comments relating to the person, other than those that may be reasonably designed to ‘‘establish proposed rule change have not been withheld from the public in accordance default procedures that ensure that the solicited or received. ICC will notify the with the provisions of 5 U.S.C. 552, will clearing agency can take timely action to Commission of any written comments be available for website viewing and contain losses and liquidity pressures received by ICC. printing in the Commission’s Public and to continue meeting its obligations Reference Room, 100 F Street NE, III. Date of Effectiveness of the in the event of a participant default.’’ Washington, DC 20549, on official Proposed Rule Change, Security-Based ICC will apply its existing default business days between the hours of Swap Submission, or Advance Notice management Rules and procedures to 10:00 a.m. and 3:00 p.m. Copies of such and Timing for Commission Action the management of any default filings will also be available for involving Index Swaptions. ICC believes Within 45 days of the date of inspection and copying at the principal these arrangements allow it to take publication of this notice in the Federal office of ICE Clear Credit and on ICE timely action to contain losses and Register or within such longer period Clear Credit’s website at https:// liquidity pressures, and to continue up to 90 days (i) as the Commission may www.theice.com/clear-credit/regulation. meeting its obligations, in the case of designate if it finds such longer period All comments received will be posted such a default involving Index to be appropriate and publishes its without change. Persons submitting Swaptions, and are therefore consistent reasons for so finding or (ii) as to which comments are cautioned that we do not with the Rule. the self-regulatory organization redact or edit personal identifying consents, the Commission will: information from comment submissions. 14 17 CFR 240.17Ad–22(d)(15). (A) By order approve or disapprove You should submit only information 15 17 CFR 240.17Ad–22(d)(11). such proposed rule change, or that you wish to make available

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publicly. All submissions should refer (‘‘common members’’). Such regulatory cooperation and coordination among the to File Number SR–ICC–2019–007 and duplication would add unnecessary SROs; to remove impediments to, and should be submitted on or before expenses for common members and foster the development of, a national August 7, 2019. their SROs. market system and a national clearance 5 For the Commission, by the Division of Section 17(d)(1) of the Act was and settlement system; and is in Trading and Markets, pursuant to delegated intended, in part, to eliminate conformity with the factors set forth in authority.16 unnecessary multiple examinations and Section 17(d) of the Act. Commission 6 Eduardo A. Aleman, regulatory duplication. With respect to approval of a plan filed pursuant to Rule Deputy Secretary. a common member, Section 17(d)(1) 17d–2 relieves an SRO of those authorizes the Commission, by rule or [FR Doc. 2019–15136 Filed 7–16–19; 8:45 am] regulatory responsibilities allocated by order, to relieve an SRO of the the plan to another SRO. BILLING CODE 8011–01–P responsibility to receive regulatory reports, to examine for and enforce II. Proposed Plan The proposed 17d–2 Plan is intended SECURITIES AND EXCHANGE compliance with applicable statutes, to reduce regulatory duplication for COMMISSION rules, and regulations, or to perform other specified regulatory functions. firms that are common members of both [Release No. 34–86356; File No. 4–747] To implement Section 17(d)(1), the LTSE and FINRA.10 Pursuant to the Commission adopted two rules: Rule proposed 17d–2 Plan, FINRA would Program for Allocation of Regulatory 17d–1 and Rule 17d–2 under the Act.7 assume certain examination and Responsibilities Pursuant to Rule 17d– Rule 17d–1 authorizes the Commission enforcement responsibilities for 2; Notice of Filing of Proposed Plan for to name a single SRO as the designated common members with respect to the Allocation of Regulatory examining authority (‘‘DEA’’) to certain applicable laws, rules, and Responsibilities Between the Financial examine common members for regulations. Industry Regulatory Authority, Inc. and compliance with the financial The text of the Plan delineates the the Long-Term Stock Exchange, Inc. responsibility requirements imposed by proposed regulatory responsibilities with respect to the Parties. Included in July 11, 2019. the Act, or by Commission or SRO rules.8 When an SRO has been named as the proposed Plan is an exhibit (the Pursuant to Section 17(d) of the ‘‘LTSE Certification of Common Rules,’’ Securities Exchange Act of 1934 a common member’s DEA, all other SROs to which the common member referred to herein as the ‘‘Certification’’) (‘‘Act’’),1 and Rule 17d–2 thereunder,2 belongs are relieved of the responsibility that lists every LTSE rule, and select notice is hereby given that on July 11, to examine the firm for compliance with federal securities laws, rules, and 2019, the Financial Industry Regulatory the applicable financial responsibility regulations, for which FINRA would Authority, Inc. (‘‘FINRA’’) and the Long- rules. On its face, Rule 17d–1 deals only bear responsibility under the Plan for Term Stock Exchange, Inc. (‘‘LTSE’’) with an SRO’s obligations to enforce overseeing and enforcing with respect to (together with FINRA, the ‘‘Parties’’) member compliance with financial LTSE members that are also members of filed with the Securities and Exchange responsibility requirements. Rule 17d–1 FINRA and the associated persons Commission (‘‘Commission’’ or ‘‘SEC’’) does not relieve an SRO from its therewith (‘‘Dual Members’’). a plan for the allocation of regulatory obligation to examine a common Specifically, under the 17d–2 Plan, responsibilities, dated July 11, 2019 member for compliance with its own FINRA would assume examination and (‘‘17d–2 Plan’’ or the ‘‘Plan’’). The rules and provisions of the federal enforcement responsibility relating to Commission is publishing this notice to securities laws governing matters other compliance by Dual Members with the solicit comments on the 17d–2 Plan than financial responsibility, including rules of LTSE that are substantially from interested persons. sales practices and trading activities and similar to the applicable rules of I. Introduction practices. FINRA,11 as well as any provisions of To address regulatory duplication in the federal securities laws and the rules Section 19(g)(1) of the Act,3 among these and other areas, the Commission and regulations thereunder delineated other things, requires every self- adopted Rule 17d–2 under the Act.9 in the Certification (‘‘Common Rules’’). regulatory organization (‘‘SRO’’) Rule 17d–2 permits SROs to propose In the event that a Dual Member is the registered as either a national securities joint plans for the allocation of subject of an investigation relating to a exchange or national securities regulatory responsibilities with respect transaction on LTSE, the plan association to examine for, and enforce to their common members. Under acknowledges that LTSE may, in its compliance by, its members and persons paragraph (c) of Rule 17d–2, the discretion, exercise concurrent associated with its members with the Commission may declare such a plan jurisdiction and responsibility for such Act, the rules and regulations effective if, after providing for matter.12 thereunder, and the SRO’s own rules, appropriate notice and comment, it Under the Plan, LTSE would retain unless the SRO is relieved of this determines that the plan is necessary or full responsibility for surveillance and responsibility pursuant to Section 17(d) appropriate in the public interest and 4 or Section 19(g)(2) of the Act. Without for the protection of investors; to foster 10 The proposed 17d–2 Plan refers to these this relief, the statutory obligation of common members as ‘‘Dual Members.’’ See Paragraph 1(c) of the proposed 17d–2 Plan. each individual SRO could result in a 5 15 U.S.C. 78q(d)(1). 11 See paragraph 1(b) of the proposed 17d–2 Plan pattern of multiple examinations of 6 See Securities Act Amendments of 1975, Report (defining Common Rules). See also paragraph 1(f) broker-dealers that maintain of the Senate Committee on Banking, Housing, and of the proposed 17d–2 Plan (defining Regulatory memberships in more than one SRO Urban Affairs to Accompany S. 249, S. Rep. No. 94– Responsibilities). Paragraph 2 of the Plan provides 75, 94th Cong., 1st Session 32 (1975). that annually, or more frequently as required by 7 17 CFR 240.17d–1 and 17 CFR 240.17d–2, 16 changes in either LTSE rules or FINRA rules, the 17 CFR 200.30–3(a)(12). respectively. parties shall review and update, if necessary, the 1 15 U.S.C. 78q(d). 8 See Securities Exchange Act Release No. 12352 list of Common Rules. Further, paragraph 3 of the 2 17 CFR 240.17d–2. (April 20, 1976), 41 FR 18808 (May 7, 1976). Plan provides that LTSE shall furnish FINRA with 3 15 U.S.C. 78s(g)(1). 9 See Securities Exchange Act Release No. 12935 a list of Dual Members, and shall update the list no 4 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), (October 28, 1976), 41 FR 49091 (November 8, less frequently than once each calendar quarter. respectively. 1976). 12 See paragraph 6 of the proposed 17d–2 Plan.

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enforcement with respect to trading (b) ‘‘Common Rules’’ shall mean LTSE the Common Rules and the provisions activities or practices involving LTSE’s Rules that are substantially similar to of the Exchange Act and the rules and own marketplace, including, without the applicable FINRA Rules and certain regulations thereunder, and other limitation, registration pursuant to its provisions of the Exchange Act and SEC applicable laws, rules and regulations, applicable rules of associated persons rules set forth on Exhibit 1 in that each as set forth on Exhibit 1 attached (i.e., registration rules that are not examination or surveillance for hereto. Common Rules); its duties as a DEA compliance with such provisions and 2. Regulatory and Enforcement pursuant to Rule 17d–1 under the Act; rules would not require FINRA to Responsibilities. FINRA shall assume and any LTSE rules that are not develop one or more new examination Regulatory Responsibilities and Common Rules.13 or surveillance standards, modules, Enforcement Responsibilities for Dual The text of the proposed 17d–2 Plan procedures, or criteria in order to Members. Attached as Exhibit 1 to this is as follows: analyze the application of the provision Agreement and made part hereof, LTSE or rule, or a Dual Member’s activity, furnished FINRA with a current list of Agreement Between Financial Industry conduct, or output in relation to such Common Rules and certified to FINRA Regulatory Authority, Inc. and Long- provision or rule; provided, however, that such rules that are LTSE Rules are Term Stock Exchange, Inc. Pursuant to Common Rules shall not include the substantially similar to the Rule 17d–2 Under the Securities application of the SEC, LTSE or FINRA corresponding FINRA Rules (the Exchange Act of 1934 rules as they pertain to violations of ‘‘Certification’’). FINRA hereby agrees This Agreement, by and between the insider trading activities, which is that the rules listed in the Certification Financial Industry Regulatory covered by a separate 17d–2 Agreement are Common Rules as defined in this Authority, Inc. (‘‘FINRA’’) and Long- by and among Cboe BZX Exchange, Inc., Agreement. Each year following the Term Stock Exchange, Inc. (‘‘LTSE’’), is Cboe BYX Exchange, Inc., Chicago Stock Effective Date of this Agreement, or made this 11th day of July, 2019 (the Exchange, Inc., Cboe EDGA Exchange, more frequently if required by changes ‘‘Agreement’’), pursuant to Section 17(d) Inc., Cboe EDGX Exchange, Inc., in either the rules of LTSE or FINRA, of the Securities Exchange Act of 1934 Financial Industry Regulatory LTSE shall submit an updated list of (the ‘‘Exchange Act’’) and Rule 17d–2 Authority, Inc., Nasdaq BX, Inc., Nasdaq Common Rules to FINRA for review thereunder, which permits agreements PHLX LLC, The Nasdaq Stock Market which shall add LTSE Rules not between self-regulatory organizations to LLC, NYSE National, Inc., New York included in the current list of Common allocate regulatory responsibility to Stock Exchange LLC, NYSE American Rules that qualify as Common Rules as eliminate regulatory duplication. FINRA LLC, NYSE Arca Inc., and Investors’ defined in this Agreement; delete LTSE and LTSE may be referred to Exchange LLC effective October 10, Rules included in the current list of individually as a ‘‘party’’ and together 2018, as may be amended from time to Common Rules that no longer qualify as as the ‘‘parties.’’ time. Common Rules shall not include Common Rules as defined in this Whereas, FINRA and LTSE desire to any provisions regarding (i) notice, Agreement; and confirm that the reduce duplication in the examination reporting or any other filings made remaining rules on the current list of and surveillance of their Dual Members directly to or from LTSE, (ii) Common Rules continue to be LTSE (as defined herein) and in the filing and incorporation by reference of LTSE Rules that qualify as Common Rules as processing of certain registration and Rules that are not Common Rules, (iii) defined in this Agreement. Within 30 membership records; and exercise of discretion in a manner that days of receipt of such updated list, Whereas, FINRA and LTSE desire to differs from FINRA’s exercise of FINRA shall confirm in writing whether execute an agreement covering such discretion including, but not limited to the rules listed in any updated list are subjects pursuant to the provisions of exercise of exemptive authority, by Common Rules as defined in this Rule 17d–2 under the Exchange Act and LTSE, (iv) prior written approval of Agreement. Notwithstanding anything LTSE and (v) payment of fees or fines to file such agreement with the herein to the contrary, it is explicitly to LTSE. Securities and Exchange Commission understood that the term ‘‘Regulatory (c) ‘‘Dual Members’’ shall mean those Responsibilities’’ does not include, and (the ‘‘SEC’’ or ‘‘Commission’’) for its LTSE members that are also members of approval. LTSE shall retain full responsibility for FINRA and the associated persons (unless otherwise addressed by separate Now, therefore, in consideration of therewith. agreement or rule) (collectively, the the mutual covenants contained (d) ‘‘Effective Date’’ shall be the date ‘‘Retained Responsibilities’’) the hereinafter, FINRA and LTSE hereby this Agreement is approved by the following: agree as follows: Commission. (a) Surveillance, examination, 1. Definitions. Unless otherwise (e) ‘‘Enforcement Responsibilities’’ investigation and enforcement with defined in this Agreement or the context shall mean the conduct of appropriate respect to trading activities or practices otherwise requires, the terms used in proceedings, in accordance with involving LTSE’s own marketplace for this Agreement shall have the same FINRA’s Code of Procedure (the Rule rules that are not Common Rules; meaning as they have under the 9000 Series) and other applicable (b) registration pursuant to its Exchange Act and the rules and FINRA procedural rules, to determine applicable rules of associated persons regulations thereunder. As used in this whether violations of Common Rules (i.e., registration rules that are not Agreement, the following terms shall have occurred, and if such violations are Common Rules); have the following meanings: deemed to have occurred, the (c) discharge of its duties and (a) ‘‘LTSE Rules’’ or ‘‘FINRA Rules’’ imposition of appropriate sanctions as obligations as a Designated Examining shall mean: (i) The rules of LTSE, or (ii) specified under FINRA’s Code of Authority pursuant to Rule 17d–1 under the rules of FINRA, respectively, as the Procedure and sanctions guidelines. the Exchange Act; and rules of an exchange or association are (f) ‘‘Regulatory Responsibilities’’ shall (d) any LTSE Rules that are not defined in Exchange Act Section mean the examination responsibilities, Common Rules. 3(a)(27). surveillance responsibilities and 3. Dual Members. Prior to the Enforcement Responsibilities relating to Effective Date, LTSE shall furnish 13 See paragraph 2 of the proposed 17d–2 Plan. compliance by the Dual Members with FINRA with a current list of Dual

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Members, which shall be updated no information coming to its attention that operation of this Agreement, LTSE and less frequently than once each quarter. reflects adversely on the financial FINRA hereby agree that any such 4. No Charge. There shall be no condition of Dual Members or indicates dispute shall be settled by arbitration in charge to LTSE by FINRA for possible violations of applicable laws, Washington, DC in accordance with the performing the Regulatory rules or regulations by such firms. rules of the American Arbitration Responsibilities and Enforcement (b) The parties agree that documents Association then in effect, or such other Responsibilities under this Agreement or information shared shall be held in procedures as the parties may mutually except as otherwise agreed by the confidence, and used only for the agree upon. Judgment on the award parties, either herein or in a separate purposes of carrying out their respective rendered by the arbitrator(s) may be agreement. regulatory obligations. Neither party entered in any court having jurisdiction. 5. Applicability of Certain Laws, shall assert regulatory or other Each party acknowledges that the timely Rules, Regulations or Orders. privileges as against the other with and complete performance of its Notwithstanding any provision hereof, respect to documents or information obligations pursuant to this Agreement this Agreement shall be subject to any that is required to be shared pursuant to is critical to the business and operations statute, or any rule or order of the this Agreement. of the other party. In the event of a Commission. To the extent such statute, (c) The sharing of documents or dispute between the parties, the parties rule or order is inconsistent with this information between the parties shall continue to perform their Agreement, the statute, rule or order pursuant to this Agreement shall not be respective obligations under this shall supersede the provision(s) hereof deemed a waiver as against third parties Agreement in good faith during the to the extent necessary for them to be of regulatory or other privileges relating resolution of such dispute unless and properly effectuated and the to the discovery of documents or until this Agreement is terminated in provision(s) hereof in that respect shall information. accordance with its provisions. Nothing be null and void. 8. Statutory Disqualifications. When in this Section 13 shall interfere with a 6. Notification of Violations. FINRA becomes aware of a statutory party’s right to terminate this Agreement (a) In the event that FINRA becomes disqualification as defined in the as set forth herein. aware of apparent violations of any Exchange Act with respect to a Dual 14. Notification of Members. LTSE LTSE Rules, which are not listed as Member, FINRA shall determine and FINRA shall notify Dual Members Common Rules, discovered pursuant to pursuant to Sections 15A(g) and/or of this Agreement after the Effective the performance of the Regulatory Section 6(c) of the Exchange Act the Date by means of a uniform joint notice. Responsibilities assumed hereunder, acceptability or continued applicability 15. Amendment. This Agreement may FINRA shall notify LTSE of those of the person to whom such be amended in writing duly approved apparent violations for such response as disqualification applies and keep LTSE by each party. All such amendments LTSE deems appropriate. advised of its actions in this regard for must be filed with and approved by the (b) In the event that LTSE becomes such subsequent proceedings as LTSE Commission before they become aware of apparent violations of any may initiate. effective. Common Rules, discovered pursuant to 9. Customer Complaints. LTSE shall 16. Limitation of Liability. Neither the performance of the Retained forward to FINRA copies of all customer FINRA nor LTSE nor any of their Responsibilities, LTSE shall notify complaints involving Dual Members respective directors, governors, officers FINRA of those apparent violations and received by LTSE relating to FINRA’s or employees shall be liable to the other such matters shall be handled by FINRA Regulatory Responsibilities under this party to this Agreement for any liability, as provided in this Agreement. Agreement. It shall be FINRA’s loss or damage resulting from or (c) Apparent violations of Common responsibility to review and take claimed to have resulted from any Rules shall be processed by, and appropriate action in respect to such delays, inaccuracies, errors or omissions enforcement proceedings in respect complaints. with respect to the provision of thereto shall be conducted by FINRA as 10. Advertising. FINRA shall assume Regulatory Responsibilities as provided provided hereinbefore; provided, responsibility to review the advertising hereby or for the failure to provide any however, that in the event a Dual of Dual Members subject to the such responsibility, except with respect Member is the subject of an Agreement, provided that such material to such liability, loss or damages as investigation relating to a transaction on is filed with FINRA in accordance with shall have been suffered by one or the LTSE, LTSE may in its discretion FINRA’s filing procedures and is other of FINRA or LTSE and caused by assume concurrent jurisdiction and accompanied with any applicable filing the willful misconduct of the other responsibility. fees set forth in FINRA Rules. party or their respective directors, (d) Each party agrees to make 11. No Restrictions on Regulatory governors, officers or employees. No available promptly all files, records and Action. Nothing contained in this warranties, express or implied, are made witnesses necessary to assist the other Agreement shall restrict or in any way by FINRA or LTSE with respect to any in its investigation or proceedings. encumber the right of either party to of the responsibilities to be performed 7. Continued Assistance. conduct its own independent or by each of them hereunder. (a) FINRA shall make available to concurrent investigation, examination 17. Relief from Responsibility. LTSE all information obtained by or enforcement proceeding of or against Pursuant to Sections 17(d)(1)(A) and FINRA in the performance by it of the Dual Members, as either party, in its 19(g) of the Exchange Act and Rule 17d– Regulatory Responsibilities hereunder sole discretion, shall deem appropriate 2 thereunder, FINRA and LTSE join in with respect to the Dual Members or necessary. requesting the Commission, upon its subject to this Agreement. In particular, 12. Termination. This Agreement may approval of this Agreement or any part and not in limitation of the foregoing, be terminated by LTSE or FINRA at any thereof, to relieve LTSE of any and all FINRA shall furnish LTSE any time upon the approval of the responsibilities with respect to matters information it obtains about Dual Commission after six (6) month’s allocated to FINRA pursuant to this Members which reflects adversely on written notice to the other party. Agreement; provided, however, that this their financial condition. LTSE shall 13. Arbitration. In the event of a Agreement shall not be effective until make available to FINRA any dispute between the parties as to the the Effective Date.

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18. Severability. Any term or any of the terms or provisions of this Exhibit 1 provision of this Agreement that is Agreement in any other jurisdiction. LTSE Certification of Common Rules invalid or unenforceable in any 19. Counterparts. This Agreement LTSE hereby certifies that the jurisdiction shall, as to such may be executed in one or more jurisdiction, be ineffective to the extent requirements contained in the rules counterparts, each of which shall be of such invalidity or unenforceability listed below for LTSE are identical to, deemed an original, and such without rendering invalid or or substantially similar to, the unenforceable the remaining terms and counterparts together shall constitute comparable FINRA (NASD) Rules, provisions of this Agreement or one and the same instrument. Exchange Act provision or SEC rule affecting the validity or enforceability of * * * * * identified (‘‘Common Rules’’).

LTSE Rule FINRA (NASD) Rule, Exchange Act Provision, SEC Rule

Rule 2.140 Prohibited Conditions Relating to Expungement of Cus- FINRA Rule 2081 Prohibited Conditions Relating to Expungement of tomer Dispute. Customer Dispute. Rule 2.160(p) Registration Requirements and Restrictions on Member- FINRA Rule 1240(a)(1)–(4), (6)–(7) and (b) Continuing Education Re- ship—Continuing Education Requirements #. quirements. Rule 2.240 Fidelity Bonds # ...... FINRA Rule 4360 Fidelity Bonds. Rule 3.110 Business Conduct of Members ∧ ...... FINRA Rule 2010 Standards of Commercial Honor and Principles of Trade.∧ Rule 3.120 Violations Prohibited 1 ∧# ...... FINRA Rule 2010 Standards of Commercial Honor and Principles of Trade ∧ and FINRA Rule 3110 Supervision. Rule 3.130 Use of Fraudulent Devices ∧ ...... FINRA Rule 2020 Use of Manipulative, Deceptive or Other Fraudulent Devices.∧ Rule 3.150 Know Your Customer ...... FINRA Rule 2090 Know Your Customer. Rule 3.160 Fair Dealing with Customers ...... FINRA Rule 2020 Use of Manipulative, Deceptive or Other Fraudulent Device, ∧ FINRA Rule 2010 Standards of Commercial Honor and Principles of Trade,∧ FINRA Rule 2111(a) and SM .06 Suitability, FINRA Rule 2150(a) Improper Use of Customers’ Securities or Funds; Prohibition Against Guarantees and Sharing in Accounts, and FINRA Rule 3240(a) Borrowing From or Lending to Customers. Rule 3.170 Suitability ...... FINRA Rule 2111 Suitability. Rule 3.180(a) The Prompt Receipt and Delivery of Securities ...... FINRA Rule 11860 COD Orders. Rule 3.180(b) The Prompt Receipt and Delivery of Securities ...... SEA Regulation SHO. Rule 3.190 Charges for Services Performed ...... FINRA Rule 2122 Charges for Services Performed. Rule 3.200 Use of Information Obtained in a Fiduciary Capacity ...... FINRA Rule 2060 Use of Information Obtained in Fiduciary Capacity. Rule 3.210 Publication of Transactions and Quotations ...... FINRA Rule 5210 Publication of Transactions and Quotations. Rule 3.220 Offers at Stated Prices ...... FINRA Rule 5220 Offers at Stated Prices. Rule 3.230 Payments Involving Publications that Influence the Market FINRA Rule 5230 Payments Involving Publications that Influence the Price of a Security. Market Price of a Security. Rule 3.240 Customer Confirmations ...... FINRA Rule 2232(a) Customer Confirmations and SEC Rule 10b–10 Confirmation of Transactions. Rule 3.250 Disclosure of Control Relationship with Issuer ...... FINRA Rule 2262 Disclosure of Control Relationship with Issuer. Rule 3.260 Discretionary Accounts ...... NASD Rule 2510 Discretionary Accounts. Rule 3.270 Improper Use of Customers’ Securities or Funds; Prohibi- FINRA Rule 2150(a)–(c) and SM .03 Improper Use of Customers’ Se- tion Against Guarantees and Sharing in Accounts. curities or Funds; Prohibition Against Guarantees and Sharing in Ac- counts. Rule 3.280 Communications with Customers and the Public ...... FINRA Rule 2210 Communications with the Public. Rule 3.290 Customer Disclosures ...... FINRA Rule 2265 Extended Hours Trading Risk Disclosure. Rule 3.291 Influencing or Rewarding Employees of Others; Gratuities .. FINRA Rule 3220 Influencing or Rewarding Employees of Others. Rule 3.292 Telemarketing ...... FINRA Rule 3230 Telemarketing. Rule 3.293 Short-Interest Reporting ...... FINRA Rule 4560 Short Interest Reporting.# Rule 4.511 General Requirements ...... FINRA Rule 4511 General Requirements. Rule 4.512 Customer Account Information ...... FINRA Rule 4512 Customer Account Information. Rule 4.513 Record of Written Customer Complaints ...... FINRA Rule 4513 Record of Written Customer Complaints. Rule 4.550 Disclosure of Financial Condition ...... FINRA Rule 2261 Disclosure of Financial Condition. Rule 5.110 Supervision # ...... FINRA Rule 3110 Supervision. Rule 5.120 Supervisory Control System # ...... FINRA Rule 3120 Supervisory Control System. Rule 5.130 Annual Certification of Compliance and Supervisory Proc- FINRA Rule 3130 Annual Certification of Compliance and Supervisory esses #. Processes. Rule 5.160 Anti-Money Laundering Compliance Program # ...... FINRA Rule 3310 Anti-Money Laundering Compliance Program. Rule 5.170 Transactions for or by Associated Persons ...... FINRA Rule 3210 Accounts At Other Broker-Dealers and Financial In- stitutions. Rule 6.120 Failure to Deliver and Failure to Receive ...... Regulation SHO Rules 200 and 203. Rule 6.130(a), (b), (d) and (e) Forwarding of Proxy and Other Issuer- FINRA Rule 2251 Forwarding of Proxy and Other Issuer-Related Mate- Related Materials; Proxy Voting. rials. Rule 10.110(a) Market Manipulation ...... FINRA Rule 6140 Other Trading Practices. Rule 10.110(b) Market Manipulation ...... FINRA Rule 5210 Publication of Transactions and Quotations, FINRA Rule 2020 Use of Manipulative, Deceptive or Other Fraudulent De- vices, FINRA Rule 2010 Standards of Commercial Honor and Prin- ciples of Trade, and FINRA Rule 6140(a) Other Trading Practices. Rule 10.120 Fictitious Transactions ...... FINRA Rule 6140 Other Trading Practices and FINRA Rule 5210 Sup- plementary Material .02 Self-Trades. Rule 10.130 Excessive Sales By A Member ...... FINRA Rule 6140(c) Other Trading Practices. Rule 10.140 Manipulative Transactions ...... FINRA Rule 6140 Other Trading Practices.

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LTSE Rule FINRA (NASD) Rule, Exchange Act Provision, SEC Rule

Rule 10.150 Dissemination of False Information ...... FINRA Rule 6140(e) Other Trading Practices. Rule 10.160 Prohibition Against Trading Ahead of Customer Orders # ** FINRA Rule 5320 Prohibition Against Trading Ahead of Customer Or- ders.** Rule 10.180 Influencing the Consolidated Tape ...... FINRA Rule 6140(a) Other Trading Practices and FINRA Rule 5210 Publication of Transactions and Quotations. Rule 10.190 Trade Shredding ...... FINRA Rule 5290 Order Entry and Execution Practices. Rule 10.220 Best Execution and Interpositioning ** ...... FINRA Rule 5310 Best Execution and Interpositioning.** Rule 10.240 Trading Ahead of Research Reports ** ...... FINRA Rule 5280 Trading Ahead of Research Reports.** Rule 10.260 Front Running of Block Transactions ...... FINRA Rule 5270 Front Running of Block Transactions.** Rule 11.280(e)(3) & (4) Limit Up-Limit Down Plan and Trading Halts— FINRA Rule 6190(a)(1) & (2) Compliance with Regulation NMS Plan to Limit Up-Limited Down Mechanism. Address Extraordinary Market Volatility. # Common Rules shall not include any provisions regarding (i) notice, reporting or any other filings made directly to or from LTSE, (ii) incorporation by reference of LTSE Rules that are not Common Rules, (iii) exercise of discretion in a manner that differs from FINRA’s exercise of discretion including, but not limited to exercise of exemptive authority, by LTSE, (iv) prior written approval of LTSE and (v) payment of fees or fines to LTSE. 1 FINRA shall only have Regulatory Responsibilities for Rule 3.120(a) regarding conduct in violation of the Act, or the rules or regulations thereunder. ∧ FINRA shall not have any Regulatory Responsibilities for these rules as they pertain to violations of insider trading activities, which is covered by a separate 17d–2 Agreement by and among Cboe BZX Exchange, Inc., Cboe BYX Exchange, Inc., Chicago Stock Exchange, Inc., Cboe EDGA Exchange Inc., Cboe EDGX Exchange Inc., Financial Industry Regulatory Authority, Inc., Nasdaq BX, Inc., Nasdaq PHLX LLC, The Nasdaq Stock Market LLC, NYSE National, Inc., New York Stock Exchange, LLC, NYSE American LLC, NYSE Arca Inc., and Investors’ Ex- change LLC effective October 10, 2018, as may be amended from time to time. ** FINRA shall perform the surveillance responsibilities for the double star rules. These rules may be cited by FINRA in both the context of this Agreement and the Regulatory Services Agreement.

In addition, the following provisions Members, Brokers, and Dealers/ Electronic Comments shall be part of this 17d–2 Agreement: Records to Be Preserved by Certain • Use the Commission’s internet SEA Rules: Exchange Members, Brokers, and comment form (http://www.sec.gov/ • ∧ SEA Rule 200 of Regulation SHO— Dealers rules/other.shtml); or Definition of Short Sales and • Send an email to rule-comments@ Marking Requirements ** III. Date of Effectiveness of the • Proposed Plan and Timing for sec.gov. Please include File Number 4– SEA Rule 201 of Regulation SHO— 747 on the subject line. Circuit Breaker ** Commission Action • SEA Rule 203 of Regulation SHO— Paper Comments Pursuant to Section 17(d)(1) of the Borrowing and Delivery • Act 14 and Rule 17d–2 thereunder,15 Send paper comments in triplicate Requirements ** to Secretary, Securities and Exchange • SEA Rule 204 of Regulation SHO— after August 1, 2019, the Commission may, by written notice, declare the plan Commission, Station Place, 100 F Street Close-Out Requirement ** NE, Washington, DC 20549–1090. • SEA Rule 101 of Regulation M— submitted by LTSE and FINRA, File No. Activities by Distribution 4–747, to be effective if the Commission All submissions should refer to File Participants ** finds that the plan is necessary or Number 4–747. This file number should • SEA Rule 102 of Regulation M— appropriate in the public interest and be included on the subject line if email Activities by Issuers and Selling for the protection of investors, to foster is used. To help the Commission Security Holders During a cooperation and coordination among process and review your comments Distribution ** self-regulatory organizations, or to more efficiently, please use only one method. The Commission will post all • SEA Rule 103 of Regulation M— remove impediments to and foster the comments on the Commission’s internet Nasdaq Passive Market Making ** development of the national market • SEA Rule 104 of Regulation M— website (http://www.sec.gov/rules/ system and a national system for the other.shtml). Copies of the submission, Stabilizing and Other Activities in clearance and settlement of securities Connection with an Offering ** all subsequent amendments, all written • transactions and in conformity with the statements with respect to the proposed SEA Rule 105 of Regulation M— factors set forth in Section 17(d) of the Short Selling in Connection With a rule change that are filed with the Act. Public Offering ** Commission, and all written • SEA Rule 604 of Regulation NMS— IV. Solicitation of Comments communications relating to the Display of Customer Limit proposed rule change between the Orders ** In order to assist the Commission in Commission and any person, other than • SEA Rule 606 of Regulation NMS— determining whether to approve the those that may be withheld from the Disclosure of Routing proposed 17d–2 Plan and to relieve public in accordance with the Information ** LTSE of the responsibilities which provisions of 5 U.S.C. 552, will be • SEA Rule 610(d) of Regulation would be assigned to FINRA, interested available for website viewing and NMS—Locking or Crossing persons are invited to submit written printing in the Commission’s Public Quotations ** data, views, and arguments concerning Reference Room, 100 F Street NE, • SEA Rule 611 of Regulation NMS— the foregoing. Comments may be Washington, DC 20549 on official Order Protection Rule ** submitted by any of the following business days between the hours of • SEA Rule 10b–5 Employment of methods: 10:00 a.m. and 3:00 p.m. Copies of the Manipulative and Deceptive plan also will be available for inspection Devices ∧ and copying at the principal offices of • SEA Rule 17a–3/17a–4—Records to 14 15 U.S.C. 78q(d)(1). LTSE and FINRA. All comments Be Made by Certain Exchange 15 17 CFR 240.17d–2. received will be posted without change.

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Persons submitting comments are The text of the proposed rule change is The Exchange proposes to adopt cautioned that we do not redact or edit provided in Exhibit 5. stock-option order functionality.5 Stock- personal identifying information from The text of the proposed rule change option orders facilitate the execution of comment submissions. You should is also available on the Exchange’s the stock component of qualified submit only information that you wish website (http://markets.cboe.com/us/ contingent trades (‘‘QCTs’’). The to make available publicly. All options/regulation/rule_filings/edgx/), proposed rule change defines a stock- submissions should refer to File at the Exchange’s Office of the option order as the purchase or sale of Number 4–747 and should be submitted Secretary, and at the Commission’s a stated number of units of an on or before August 1, 2019. Public Reference Room. underlying stock or a security convertible into the underlying stock For the Commission, by the Division of II. Self-Regulatory Organization’s Trading and Markets, pursuant to delegated (‘‘convertible security’’) coupled with authority.16 Statement of the Purpose of, and the purchase or sale of an option Statutory Basis for, the Proposed Rule 6 Eduardo A. Aleman, contract(s) on the opposite side of the Change market representing either (1) the same Deputy Secretary. number of units of the underlying stock [FR Doc. 2019–15144 Filed 7–16–19; 8:45 am] In its filing with the Commission, the or convertible security or (2) the number Exchange included statements BILLING CODE 8011–01–P of units of the underlying stock concerning the purpose of and basis for necessary to create a delta neutral the proposed rule change and discussed position, but in no case in a ratio greater SECURITIES AND EXCHANGE any comments it received on the than eight-to-one (8.00), where the ratio COMMISSION proposed rule change. The text of these represents the total number of units of statements may be examined at the the underlying stock or convertible [Release No. 34–86353; File No. SR– places specified in Item IV below. The CboeEDGX–2019–039] security in the option leg(s) to the total Exchange has prepared summaries, set number of units of the underlying stock forth in sections A, B, and C below, of Self-Regulatory Organizations; Cboe or convertible security in the stock leg. the most significant aspects of such EDGX Exchange, Inc.; Notice of Filing Only those stock-option orders in the statements. and Immediate Effectiveness of a classes designated by the Exchange 7 Proposed Rule Change To Add Stock- A. Self-Regulatory Organization’s with no more than the applicable Option Order Functionality and Statement of the Purpose of, and number of legs are eligible for Complex Qualified Contingent Cross Statutory Basis for, the Proposed Rule processing.8 Stock-option orders (‘‘QCC’’) Order With Stock Change execute in the same manner as other Functionality, and To Make Other complex orders, except as otherwise 1. Purpose Changes to its Rules provided in Rule 21.20 as proposed. In 2016, the Exchange’s parent Currently, to execute a QCT, a User July 11, 2019. company, Cboe Global Markets, Inc. would need to submit an option order Pursuant to Section 19(b)(1) of the (‘‘Cboe Global’’), which is the parent to the Exchange and separately submit Securities Exchange Act of 1934 company of Cboe Exchange, Inc. (‘‘Cboe the stock order to a stock execution 1 2 9 (‘‘Act’’), and Rule 19b–4 thereunder, Options’’) and Cboe C2 Exchange, Inc. venue. The option order represents one notice is hereby given that on June 27, (‘‘C2’’), acquired the Exchange, Cboe component of a QCT and must be paired 2019, Cboe EDGX Exchange, Inc. (the EDGA Exchange, Inc. (‘‘EDGA’’), Cboe 5 ‘‘Exchange’’ or ‘‘EDGX’’) filed with the BZX Exchange, Inc. (‘‘BZX or BZX See proposed Rule 21.20(b). 6 This proposed definition permits stock-option Securities and Exchange Commission Options’’), and Cboe BYX Exchange, (‘‘Commission’’) the proposed rule orders to have one or more option leg [sic], all of Inc. (‘‘BYX’’ and, together with C2, Cboe which will be handled in the same manner. change as described in Items I, II, and Options, the Exchange, EDGA, and BZX, 7 Pursuant to Rule 16.3, the Exchange announces III below, which Items have been the ‘‘Cboe Affiliated Exchanges’’). The all determinations it makes pursuant to the Rules prepared by the Exchange. The Cboe Affiliated Exchanges are working via specifications, Notices, or Regulatory Circulars Exchange filed the proposed rule change with appropriate advanced notice, which will be to align certain system functionality, posted on the Exchange’s website, or as otherwise pursuant to Section 19(b)(3)(A)(iii) of provided in the Rules; electronic message; or other 3 retaining only intended differences the Act and Rule 19b–4(f)(6) between the Cboe Affiliated Exchanges, communication method as provided in the Rules. thereunder.4 The Commission is All determinations the Exchange makes pursuant to in the context of a technology migration. Rule 21.20 will be made in accordance with Rule publishing this notice to solicit Cboe Options intends to migrate its comments on the proposed rule change 16.3. technology to the same trading platform 8 See proposed Rule 21.20(b). This definition is from interested persons. used by the Exchange, C2, and BZX virtually identical to the Cboe Options definition, Options in the fourth quarter of 2019. except the proposed definition does not provide the I. Self-Regulatory Organization’s Exchange with flexibility to lower the permissible Statement of the Terms of Substance of The proposal set forth below is intended ratio of stock-option orders like the Cboe Options the Proposed Rule Change to add certain functionality to the definition, as the Exchange does not believe it Exchange’s System that is available on needs this flexibility. See Cboe Options Rule Cboe EDGX Exchange, Inc. (the Cboe Options in order to ultimately 6.53C(a)(1). The proposed definition is also ‘‘Exchange’’ or ‘‘EDGX’’) proposes to substantially the same as the definition of stock- provide a consistent technology offering add stock-option order functionality and option order of other options exchanges. See, e.g., for market participants who interact complex qualified contingent cross Miami International Securities Exchange, LLC with the Cboe Affiliated Exchanges. (‘‘MIAX’’) Rule 518(a)(5); and NASDAQ ISE, LLC (‘‘QCC’’) order with stock functionality, Although the Exchange intentionally (‘‘ISE’’) Options 3, Section 14(a)(2) and (3). The and to make other changes to its Rules. definition is also consistent with the definition of offers certain features that differ from a Complex Trade in the linkage rules in Rule those offered by its affiliates and will 27.1(a)(4). 16 17 CFR 200.30–3(a)(34). continue to do so, the Exchange believes 9 The Exchange currently permits the submission 1 15 U.S.C. 78s(b)(1). that offering similar functionality to the of qualified contingent cross (‘‘QCC’’) orders with 2 17 CFR 240.19b–4. stock, which is a specific type of stock-option order. 3 15 U.S.C. 78s(b)(3)(A)(iii). extent practicable will reduce potential See current Rule 21.20(c)(7) (proposed Rule 4 17 CFR 240.19b–4(f)(6). confusion for Users. 21.20(l)(3)).

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with a stock order. When a User enters Exchange, which broker-dealer(s) the other stock-option orders resting in the the option component of a QCT, the Exchange has identified as having COB or COA responses (in time priority) User is responsible for executing the connectivity to electronically (which is consistent with how other associated stock component of the QCT communicate the stock components of complex orders execute against each within a reasonable period of time after stock-option orders to stock trading other pursuant to proposed the option order is executed. The venues.11 subparagraphs (d)(5)(ii) and (e)(2)), as Exchange conducts surveillance of Proposed subparagraph (l)(1) states applicable. However, the Exchange does Users to ensure that Users execute the when a User submits to the System a not immediately send the User a trade stock component of a QCT at or near the stock-option order, it must designate a execution report for this option same time as the options component. specific broker-dealer with which it has execution.15 Because the User submitted While the Exchange does not specify entered into a brokerage agreement a stock-option order to execute as a how the User should go about executing pursuant to proposed Interpretation and package, the Exchange waits to send a the stock component of the trade, this Policy .03 (the ‘‘designated broker- trade execution report to the User until process is often manual and is therefore dealer’’) to which the Exchange will after it has determined whether all a compliance risk for Users if they do electronically communicate the stock components of the stock-option order not execute the stock component within component of the stock-option order on have executed, as described below. a reasonable time period of execution of behalf of the User.12 After the option component is executed, the options component. Thus, the Proposed Rule 21.20(l)(2) describes the Exchange will then automatically Exchange is proposing to offer stock- how stock-option orders will execute. A communicate the stock component to option order functionality, pursuant to stock-option order may execute against the designated broker-dealer for which the Exchange will automatically other stock-option orders (or COA execution, as further described below. communicate the stock component of a Responses, if applicable), but may not If the System receives an execution QCT to a designated broker-dealer for execute against orders in the Simple report for the stock component of a execution in connection with the Book.13 A stock-option order may only stock-option order from the designated execution of the option order on the execute if the price complies with broker-dealer, the Exchange sends the Exchange. Use of stock-option order proposed Rule 21.20(f)(2)(B).14 If a User the trade execution report for the functionality will be voluntary, and stock-option order can execute upon stock-option order, including execution Users may continue to execute entry or following a COA, or if it can information for both the stock and components of a QCT in the manner execute following evaluation while option components. However, if the they do today (as described above). resting in the COB pursuant to Rule System receives a report from the Pursuant to proposed Rule 21.20, 21.20(i), the System executes the option designated broker-dealer that the stock Interpretation and Policy .03, a User component (which may consist of one component of the stock-option order 16 may only submit a stock-option order or more option legs) of a stock-option cannot execute, the Exchange nullifies (including a QCC with Stock Order) if order against the option component of the option component trade and notifies it complies with the QCT exemption the User of the reason for the 17 from Rule 611(a) of Regulation NMS 11 Other options exchanges impose a similar nullification. If a stock-option order is (‘‘QCT exemption’’).10 A User requirement. See Cboe Options Rule 6.53C, not marketable, it rests in the COB (if submitting a stock-option order Interpretation and Policy .06(a); see also MIAX Rule eligible to rest), subject to a User’s 518, Interpretation and Policy .01. represents that it complies with the QCT instructions. The proposed rule change 12 As is the case with all orders submitted to the prevents execution of the option exemption. To submit a stock-option Exchange, a User must also designate a Clearing order to the Exchange for execution, a Member that is a Designated Give-Up pursuant to component of a QCT where the stock User must enter into a brokerage Rule 21.12 on a stock-option order submitted to the component has not been successfully agreement with one or more broker- Exchange for processing. executed, just as the proposed rule 13 See proposed Rule 21.20(g)(5) and (l)(2) (the change prevents execution of the stock dealers that are not affiliated with the Exchange does not list stock for trading, and therefore, the stock leg would not be able to Leg). component of a QCT where the option 10 See Rule 21.1(d)(10)(A) for the definition of a A stock-option order may only execute if the stock component has not been successfully qualified contingent trade. A ‘‘qualified contingent leg is executable at the price(s) necessary to achieve executed by cancelling the stock trade’’ is a transaction consisting of two or more the desired net price. See proposed Rule component if the option component component orders, executed as agent or principal, 21.20(f)(2)(B). cannot execute. This proposed where: (1) At least one component is an NMS stock, 14 See current Rule 21.20(c)(1)(B) and (C) as defined in Rule 600 of Regulation NMS under the (proposed Rule 21.20(f)(2)). The System will not execution process is the same process Exchange Act; (2) all components are effected with execute a complex order pursuant to Rule 21.20 at the Exchange currently uses to execute a product or price contingency that either has been a net price (i) that would cause any component of QCC with Stock Orders, which are a agreed to by all the respective counterparties or the complex strategy to be executed at a price of type of stock-option order (and thus the arranged for by a broker-dealer as principal or zero; (ii) worse than the SBBO or equal to the SBBO agent; (3) the execution of one component is when there is a Priority Customer Order at the contingent upon the execution of all other SBBO; (iii) that would cause any component of the 15 Even though the Exchange does not send the components at or near the same time; (4) the complex strategy to be executed at a price worse User an execution report immediately following specific relationship between the component orders than the individual component prices on the execution of the option component, the Exchange (e.g., the spread between the prices of the Simple Book; (iv) worse than the price that would disseminates the trade at that time pursuant to the component orders) is determined by the time the be available if the complex order Legged into the OPRA Plan and creates a record to be sent to the contingent order is placed; (5) the component Simple Book; or (v) that would cause any Clearing Corporation. orders bear a derivative relationship to one another, component of the complex strategy to be executed 16 For example, if the stock execution venue to represent different classes of shares of the same at a price ahead of a Priority Customer Order on the which the designated broker-dealer routed the stock issuer, or involve the securities of participants in Simple Book without improving the BBO of at least component is experiencing system issues, the stock mergers or with intentions to merge that have been one component of the complex strategy. The component may not be able to execute. announced or cancelled; and (6) the transaction is proposed rule change amends the definitions of Additionally, the Exchange understands certain fully hedged (without regard to any prior existing SBBO and SNBBO to provide that the NBBO of the stock execution venues apply risk controls to the position) as a result of other components of the stock component of a stock-option order is used to stock components of QCTs, which may prevent contingent trade. Other options exchanges impose calculate the SBBO and SNBBO for a stock-option execution of the stock components at certain prices. the same requirement. See, e.g., Cboe Options Rule order. See proposed Rule 21.20(a); see also Cboe 17 The Exchange will nullify the option 6.53C, Interpretation and Policy .06(a); MIAX Rule Options Rule 1.1 (definitions of national spread component trade in the same manner as it currently 518, Interpretation and Policy .01(a); and ISE market (equivalent to SNBBO) and exchange spread nullifies any other trades (when nullification is Options 3, Section 14, Supplemental Material .07. market (equivalent to SBBO)). permitted under the Rules). See Rule 20.6.

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Exchange merely expands this process component does not execute, rather ultimately prevent execution at to all stock-option orders, as all stock- than require the User that submitted the potentially erroneous prices. This is option orders must satisfy the same QCT stock-option order to contact the similar to the Exchange’s current fat Exemption).18 This proposed process is Exchange to request the nullification of finger protection (which will not permit also similar to that of other options the option component execution a complex order to be more than a exchanges.19 pursuant to Rule 20.6, Interpretation specified amount outside of the SNBBO, Currently, whenever a stock trading and Policy .04(c), the proposed rule which will include the NBBO of the venue nullifies the stock leg of a QCT eliminates this requirement for the stock leg, as described above),25 except or whenever the stock leg cannot submitting User to make such a request. it also applies a buffer to the individual execute, the Exchange will nullify the Instead, the proposed rule change stock leg as opposed to the net price. option leg upon request of one of the provides that the Exchange will The option component of a stock- parties to the transaction or on an automatically nullify the option option order executes in accordance Exchange Official’s own motion in transaction if the stock component does with same priority principles as any accordance with the Rules.20 To qualify not execute. The Exchange believes other option order. For a stock-option as a QCT, the execution of one such nullification without a request order with one option leg, the option leg component is contingent upon the from the User is consistent with the may not trade at a price worse than the execution of all other components at or definition of a QCT order. The proposed individual component price on the near the same time.21 Given this rule change merely automates an Simple Book or at the same price as a requirement, if the stock component otherwise manual process for Users. Priority Customer Order on the Simple does not execute at or near the same Additionally, the Exchange believes Book. For a stock-option order with time as the option component, it is this automatic nullification will reduce more than one option leg, the option reasonable to expect a User that any compliance risk for the User legs must trade at prices consistent with submitted a stock-option order to associated with execution of a stock- priority applicable to a complex order request such nullification.22 If the stock option order and lack of execution of a with all option legs.26 stock order at or near the same time.23 Proposed Rule 21.20(f)(1) states that 18 See current Rule 21.20(c)(7) (proposed Rule The Exchange conducts surveillance to Users may express bids and offers for a 21.20(l)(3)). ensure a User executes the stock stock-option order (including a QCC 19 See, e.g., Cboe Options Rule 6.53C, component of a QCT, which will also with Stock Order, as discussed below) Interpretation and Policy .06(a), which states a stock-option order will not be executed unless the apply to QCC with Stock Orders, if the in any decimal price the Exchange stock leg is executable at the price(s) necessary to option component executed. As a result, determines. The option leg(s) of a stock- achieve the desired net price; see also ISE Options if the stock component does not execute option order may be executed in $0.01 3, Section14, Supplementary Material .02 (which when initially submitted to a stock increments, regardless of the minimum states a ‘‘trade’’ of a stock-option order or stock- complex order will be automatically cancelled if trading venue by the designated broker- increments otherwise applicable to the market conditions prevent the execution of the dealer, a User may be subject to option leg(s), and the stock leg of a stock or option leg(s) at the prices necessary to compliance risk if it does not execute stock-option order may be executed in achieve the agreed upon net price); and MIAX Rule 518, Interpretation and Policy .01(b) (pursuant to the stock component within a any decimal price permitted in the 27 which the stock components will attempt execution reasonable time period of the execution equity market. Smaller minimum prior to the option components, but ultimately of the option component. The proposed increments are appropriate for stock- require both the stock and option components to rule change reduces this compliance option orders as the stock component execute). The proposed rule change ensures the option can trade before the stock can trade, rather risk for Users. can trade at finer decimal increments than potentially execute [sic] stock component and If a stock-option order can execute, permitted by the equity market. not execute [sic] option component, which creates the System executes the buy (sell) stock Furthermore, the Exchange notes that compliance risk for Users. leg of a stock-option order pursuant to even with the flexibility provided in the 20 See Rule 20.6, Interpretation and Policy .04(c). Rule 21.20 up to a buffer amount above proposed rule, the individual options 21 See Securities Exchange Act Release No. 54389 (August 31, 2006), 71 FR 52829, 52831 (September (below) the NBO (NBB), which amount 7, 2006) (Order Granting an Exemption for the Exchange determines.24 The 25 See supra note 15. Additionally, stock Qualified Contingent Trades from Rule 611(a) of Exchange believes that Users may be exchanges provide similar protections for execution Regulation NMS Under the Securities Exchange Act willing to trade a stock-option order prices of stock orders. See, e.g., NASDAQ Stock of 1934) (‘‘QCT Exemption Order’’), which requires Market Rule 4757(c) (which prevents stock limit the execution of one component of the QCT to be with the stock leg at a price outside of orders from being accepted at prices outside of pre- contingent upon the execution of all other the NBBO (which is permissible set standard limits, which is based on the NBBO). components at or near the same time to qualify for pursuant to the QCT exemption) of the 26 See proposed Rule 21.20(f)(2)(B). The System the exemption. In its Exemption Request, the stock leg in order to achieve the desired does not execute a complex order pursuant to this Securities Industry Association stated that for Rule 21.20 at a net price (i) that would cause any contingent trades, the execution of one order is net price. However, the buffer may component of the complex strategy to be executed contingent upon the execution of the other order. prevent execution with a stock price at a price of zero; (ii) worse than the SBBO or equal SIA further stated that, by breaking up one or more ‘‘too far’’ away from the market price, to the SBBO when there is a Priority Customer components of a contingent trade and requiring that which may be inconsistent with then- Order at the SBBO, except AON complex orders such components be separately executed, one or may only execute at prices better than the SBBO; more parties may trade ‘‘out of hedge.’’ See Letter current market conditions. This may (iii) that would cause any component of the to Nancy M. Morris, Secretary, Commission, from complex strategy to be executed at a price worse Andrew Madoff, SIA Trading Committee, SIA, 23 In the SIA Exemption Request, the SIA stated than the individual component prices on the dated June 21, 2006 (‘‘SIA Exemption Request’’), at that parties to a contingent trade will not execute Simple Book; (iv) worse than the price that would 3. one side of the trade without the other component be available if the complex order Legged into the 22 See QCT Exemption Order at 52831. In the SIA or components being executed in full (or in ratio) Simple Book; or (v) that would cause any Exemption Request, the SIA indicated parties to a and at the specified spread or ratio. See SIA component of the complex strategy to be executed contingent transaction are focused on the spread or Exemption Request at 2. While a broker-dealer at a price ahead of a Priority Customer Order on the ratio between the transaction prices for each of the could re-submit the stock component to a stock Simple Book without improving the BBO of at least component instruments, rather than on the absolute trading venue or execution after it initially fails to one component of the complex strategy. See price of any single component instrument. The SIA execute, there is a compliance risk that the time at proposed Rule 21.20(f)(2)(A). also noted the economics of a contingent trade are which the stock component executes is not close 27 Other options exchanges have the same based on the relationship between the prices of the enough to the time at which the option component minimum increment requirements for stock-option security and related derivative or security. See SIA executed. orders. See Cboe Options Rule 6.53C(c)(ii); and ISE Exemption Request at 2. 24 See proposed Rule 21.20(f)(2)(B). Options 3, Section 14(c)(1).

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and stock legs must trade at increments conditions are satisfied. The proposed Current Rule 21.20, Interpretations allowed by the Commission in the rule change deletes current Rule and Policies .04 and .06 describes price options and equities markets. 21.20(c)(7)(A)(ii) regarding the need to protection mechanisms and risk The proposed rule change moves the give up a Clearing Member in controls applicable to complex orders. provision regarding the execution of accordance with Rule 21.12, as all The proposed rule change moves these QCC with Stock Orders from current orders submitted to the Exchange to Rule 21.17(b) to consolidate all price Rule 21.20(c)(7) to proposed Rule (including QCC Orders) must designate protection mechanisms and risk 21.20(l)(3). The proposed rule change a give up in accordance with Rule 21.12, controls available on the Exchange into amends this provision to provide that making this requirement redundant. a single place within the Rules.32 The the QCC portion of a QCC with Stock Additionally, as noted above, the price protection mechanisms and risk Order may consist of a QCC Order (with proposed rule change adopts Rule 21.20, controls will apply to stock-option one option leg) or a Complex QCC Order Interpretation .03, which requires a User orders (or the options components of (with multiple option legs).28 A QCC that submits a stock-option order to stock-option orders, as applicable) with Stock Order with multiple option designate a specific broker-dealer to submitted to the Exchange. The legs will execute in the same manner as which the stock components will be proposed rule change adds the buy- a QCC with Stock Order with one option communicated when entering a stock- write/married put check, which will be leg. The option component of a option order. Because a QCC with Stock a price protection mechanism Complex QCC with Stock Order (i.e., a Order is a type of a stock-option order, applicable specifically to stock-option Complex QCC Order) will be subject to proposed Rule 21.20 will apply to QCC orders.33 If the Exchange applies the the same execution requirements as a with Stock Orders (including Complex buy-write/married put check to a class, Complex QCC Order, including the QCC with Stock Orders), and thus the the System cancels or rejects a stock- requirement that no option leg executes Exchange proposes to delete current option order to buy the stock leg and at a price of zero or at the same price Rule 21.20(c)(7)(A)(iii), as it is sell a call (buy a put) for the option leg as a Priority Customer Order in the redundant. with a price that is more than the strike Simple Book, that each option leg must The proposed rule change also adds price of the call (put) plus (minus) a execute at a price at or between the subparagraph (l)(4), which provides that buffer amount (which the Exchange NBBO for the applicable series, and the if a User submits to the System a stock- determines on a class-by-class basis).34 execution price is better than the price option order with a stock leg to sell, the The proposed rule change also of an [sic] complex order resting in the User must market the stock leg ‘‘long,’’ amends the debit/credit price COB (unless the Complex QCC Order is ‘‘short,’’ or ‘‘short exempt’’ in reasonability check in proposed Rule a Priority Customer Order and the compliance with Regulation SHO under 21.17(b)(3)(B) to provide how that check resting complex order is a non-Priority the Exchange Act. Additionally, the will apply to stock-option orders. If the Customer Order, in which case the Exchange will only execute the stock leg stock component of a stock-option order execution price may be the same as or of a stock-option order at a price is to buy, the stock-option order is a better than the price of the resting permissible under Regulation SHO. If a debit, and if the stock component of a complex order).29 stock-option order cannot execute, the stock-option order is to sell, the stock- The proposed rule change also System calculates the SBBO or SNBBO option order is a credit. Pursuant to the updates an inadvertent cross-reference with a price for the stock leg that would current debit/credit price reasonability to Rule 21.8 regarding the execution of be permissible under Regulation SHO, check, if all pairs and loners are a debit and posts the stock-option order on the the option component of a QCC Order, (credit) (and a buy (sell) stock leg would COB at that price (if eligible to rest), as the option component of a QCC Order always be a loner and thus a debit (including a Complex QCC Order) will subject to a User’s instructions.30 Similarly, proposed subparagraph (credit), ultimately, whether the stock automatically execute upon entry leg is a buy or sell would dictate pursuant to Rule 21.1(d)(10) if the (j)(3) provides that the Exchange will only execute the stock leg of a stock- whether a stock-option order is a debit or credit. Therefore, the Exchange 28 option order at a price permissible See Rule 21.1(d)(10) (which describes QCC and believes this is a reasonable handling of Complex QCC Orders). Other options exchanges under the Limit Up-Limit Down Plan. If have similar Complex QCC with Stock order a stock-option order cannot execute, the see also MIAX Rule 518, Interpretation and Policy functionality. See, e.g., Cboe Options Rule 6.53C, System calculates the SBBO or SNBBO Interpretation and Policy .06(g)(1)(A) (which .01(f). provides a QCC with Stock Order may have with a price for the stock leg that would 32 The proposed rule change makes multiple option components); and ISE Options 3, be permissible under that Plan, and corresponding changes to the introductory language Section 12(f) (which describes complex QCC with posts the stock-option order on the COB and the paragraph lettering in Rule 21.17 (including stock orders). In addition to the other changes to the moving current price protections related to simple at that price (if eligible to rest), subject orders into proposed paragraph (a)) and makes QCC with Stock rule provisions described below, 31 the proposed rule change makes nonsubstantive to a User’s instructions. corresponding changes to cross-references. The changes, including changes to consolidate proposed rule change also adds to the maximum provisions that apply to all stock-option orders in 30 Specifically, Rule 201 of Regulation SHO value acceptable price range check that it applies Rule 21.20, update paragraph numbering and provides that when the short sale price test is to auction responses, as other price protections do. lettering, conform cross-references, and adds certain triggered for an NMS stock, a trading center (such Auction responses may execute in the same manner clarifying language. as the Exchange) must comply with Rule 201. Other as orders, and thus application of this check to 29 See Rule 21.1(d)(10). The proposed rule change options exchanges have similar marking auction responses may prevent execution of an deletes the reference to current Rule 21.20(c)(1)(C), requirements. See Cboe Options Rule 6.53C, auction response at a potentially erroneous price. as that rule provides no component may execute at Interpretation and Policy .06(e) (which requires The proposed rule change makes no other a price of zero or ahead of a Priority Customer marking in accordance with Regulation SHO); see substantive changes to the complex order price Order on the Simple Book without improving the also MIAX Rule 518, Interpretation and Policy protections, and only makes nonsubstantive BBO of at least one component of the complex .01(b) (which requires marking and execution price changes to make the language plain English, to strategy. This second requirement is not necessary, in accordance with Regulation SHO); and ISE simplify the rule provisions, and to conform the because each leg of a Complex QCC must improve Options 3, Section 14, Supplementary Material .13 language to the corresponding C2 rules. See C2 Rule the price of a Priority Customer Order in any leg (which requires marking in accordance with 6.14(b). (and may not be worse than the NBBO of any leg), Regulation SHO). 33 See proposed Rule 21.17(b)(9). and the proposed rule change adds the requirement 31 Other options exchanges have similar 34 The proposed buy-write/married put price that no component may execute at a price of zero restrictions on stock leg execution prices. See Cboe check is similar to the parity price protection in to proposed Rule 21.1(d)(10)(C). Options Rule 6.53C, Interpretation and Policy .06(f); MIAX Rule 518, Interpretation and Policy .01(g).

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stock-option orders designed to help orders, which are not displayed on the eligible for entry onto the COB from mitigate potential risks associated with Simple Book) 36 are not disseminated. current paragraph (c) to proposed stock-option orders trading at prices that The proposed rule change updates the paragraph (b), which includes all other are potentially erroneous. Additionally, term BBO to accurately reflect that it information regarding the Exchange’s the proposed rule change deletes the represents displayed, disseminated authority to limit the availability of exception for complex orders with interest.37 certain orders with respect to complex European-style exercise. The Exchange The proposed rule change amends the order functionality. no longer believes this exception is definition of ‘‘complex order’’ to The proposed rule change moves the necessary and will expand this check to provide that it is an order involving the provisions regarding COA eligibility index options with all exercise styles. concurrent purchase and/or sale of two from current subparagraph (d)(1) and The proposed rule change adds detail or more different series in the same Interpretation and Policy .02 to the to the complex order drill-through class. This merely accounts for the fact definition of a COA-eligible order in protection in proposed Rule 21.17(b)(6), that a complex order may be in an index current paragraph (b)(2) (proposed to provide that if the SBBO changes class (for which there is an underlying paragraph (b)) so that all terms regarding while an order rests on the COB at the index) as well as an equity option class COA eligibility of a complex order are drill-through price prior to the end of (for which there is an underlying included in the same place within the the specified time period, if the complex security).38 The proposed rule change rule. The proposed rule change clarifies order cannot Leg, and the new SBO also deletes the Exchange’s flexibility to in the definition of complex only order (SBB) crosses the drill-through price, designate in which classes complex in current subparagraph (b)(1) (proposed the System changes the displayed price orders may be entered and that the paragraph (b)) that complex [sic] orders of the buy (sell) complex order to the Exchange will determine the may not leg into the Simple Book new SBO (SBB) minus (plus) $0.01, and permissible number of legs on a class- (which is consistent with the definition the order is not cancelled at the end of by-class basis. Currently, the Exchange that currently states these orders will the time period. This proposed change makes complex order functionality only check against the COB).41 This is codifies current functionality, and available in all classes that trade on the also consistent with the definition of merely permits an order to remain on Exchange and has the same limit on the COA-Eligible and Do-Not-COA Order in the COB since the Exchange’s market number of legs that may be submitted the C2 Rules.42 The proposed rule reflects interest to trade (but the order for a complex order in all classes. The change makes no substantive changes to is not currently executable due to proposed rule change codifies in what orders will and will not initiate a Legging Restrictions) that was not there proposed paragraph (b) that complex COA. was not at the beginning of the time orders are available in all classes listed The proposed rule change clarifies in period. This provides complex orders for trading on the Exchange, which is current subparagraph (b)(3) (proposed with additional execution opportunities consistent with this current definition of paragraph (b)) that if a complex order prior to cancellation. complex order, as well as current would execute against a complex order The proposed rule change makes paragraph (b), which permits the in the COB with an MTP Modifier with various changes to Rule 21.20 regarding Exchange to determine when complex the same Unique Identifier, the System handles the complex orders with an complex orders to simplify the Rule, orders are available for use on the MTP Modifier as described in Rule make certain clarifications, codify Exchange. certain functionality in the Rule, delete The proposed rule change adds to 21.1(g). This is consistent with current functionality and adds detail to the redundant provisions, re-organize the paragraph (b) that Users may designate Rules of how the System handles these Rule, and conform the rule text to the complex orders as Attributable or Non- orders. This is also consistent with the corresponding C2 rule regarding Attributable. These order instructions 35 definition of Complex Orders with MTP complex orders. The proposed rule are defined in Rule 21.1(c) and are Modifiers in the C2 Rules.43 The change moves the provision stating that currently available for complex orders. proposed rule change makes no trading of complex orders is subject to The proposed rule change codifies in substantive changes to how the System all other Rules applicable to the trading the Rules that these order instructions handles complex orders with MTP of orders, unless otherwise provided in are available for complex orders. This Rule 21.10 from current paragraph (c) to Modifiers. provides Users with additional The proposed rule change the introduction of Rule 21.20. The functionality and flexibility with respect proposed rule change alphabetizes the alphabetizes the types of complex to complex order entry that they orders available on the Exchange in defined terms in Rule 21.20(a), makes currently have for simple orders. The nonsubstantive changes to definitions to paragraph (b). The changes described proposed rule change is the same as the above, which do not modify any conform the rule language to that of C2 rule, which similarly permits Users existing functionality and merely add corresponding definitions in C2 Rule to designate complex orders as detail and clarity to the Rules. The 6.13, and removes the paragraph 39 Attributable or Non-Attributable. proposed rule makes additional lettering. The proposed rule change moves the The proposed rule change amends the nonsubstantive changes to these provision regarding the Exchange definitions, including to make them definition of ‘‘BBO’’ to mean the best determining which Capacities 40 are bid or offer disseminated by the plain English, to reorganize certain provisions, to simplify the language, Exchange. The term BBO generally 36 See Rule 21.1(d)(4). update paragraph lettering and refers to the prices of quotes the 37 This proposed definition of BBO is identical to numbering and cross-references, and to Exchange sends to OPRA. While the C2’s definition of BBO. See C2 Rule 1.1. bids and offers of most orders on the 38 This is consistent with the definition of currently used in C2 Rules when referring to origin Simple Book are sent to OPRA, certain complex order in C2 Rule 1.1. 39 See C2 Rule 6.13(b). code. See, e.g., C2 Rule 6.13(b). ones (such as the bids and offers of AON 40 The Exchange notes the term ‘‘Capacity’’ refers 41 The Commission notes that proposed to origin code. The Exchange is submitting a paragraph (b) provides that complex only orders 35 See C2 Rule 6.13. The proposed rule change separate rule filing to add the definition of may not leg into the Simple Book (emphasis added). also modifies a corresponding cross-reference in Capacity, as well as the different Capacities 42 See C2 Rule 6.13(b). Rule 21.1(d)(10)(E). available on the Exchange. This is the term 43 See C2 Rule 6.13(b).

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conform them to other portions of the no matching complex orders or no valid (c)(2)(F) to proposed paragraph (g). The rule and to the corresponding C2 rule.44 COB Opening Price move from current proposed rule change makes no The proposed rule change moves the subparagraphs (c)(2)(C) through (D) to substantive changes to the Legging provisions regarding minimum proposed subparagraphs (c)(2)(A) restrictions on complex orders, and increments and trade prices for complex through (C). The proposed rule change makes nonsubstantive changes, orders from current paragraph (c) makes no substantive changes to how including to make them plain English, (which is primarily about the COB the COB opening process occurs, and to reorganize certain provisions, to Opening Process) to proposed paragraph makes nonsubstantive changes, simplify the language, update paragraph (f)(1) and (2), respectively. The including to make them plain English, lettering and numbering and cross- proposed rule change makes no to reorganize certain provisions, to references, and to conform them to other substantive changes to these provisions, simplify the language, update paragraph portions of the rule and to the and makes nonsubstantive changes, lettering and numbering and cross- corresponding C2 rule.53 including to make them plain English, references, and to conform them to other The proposed rule change moves and to reorganize certain provisions, to portions of the rule and to the combines the provisions regarding simplify the language, update paragraph corresponding C2 rule.50 initial and continual evaluation of lettering and numbering and cross- The proposed rule change moves the complex orders from current references, and to conform them to other provisions in current subparagraph subparagraphs (c)(1)(G) and (c)(5) to portions of the rule and to the (c)(2)(E) regarding prices for complex proposed paragraph (i) so that all corresponding C2 rule.45 strategy executions to proposed provisions regarding evaluation of The proposed rule change paragraph (f)(2) (along with the complex orders are included in a single consolidates all provisions regarding the provisions in current (c)(1)(B) and (C) as place and in a simple manner within COB Opening Process into proposed discussed above) and (3) so that all Rule 21.20. The proposed rule change paragraph (c). Current subparagraph provisions regarding prices at which makes no substantive changes to the (c)(2)(A) becomes the introductory complex orders may execute in any evaluation process, and makes sentence for paragraph (c). The manner are included in a single place nonsubstantive changes to these provisions regarding when Users may within Rule 21.20. The proposed rule provisions, including to make them submit complex orders for participation change makes no substantive changes to plain English, to reorganize certain in the COB Opening Process, as well as the prices at which complex orders may provisions, to simplify the language and when the Exchange disseminates execute, and makes nonsubstantive delete redundant language, update messages with information regarding the changes, including to make them plain paragraph lettering and numbering and opening process, move from current English, to reorganize certain cross-references, and to conform them to subparagraph (c)(2)(A) to proposed provisions, to simplify the language, other portions of the rule and to the subparagraph (c)(1). Current update paragraph lettering and corresponding C2 rule.54 subparagraph (c)(2)(B) states the COB numbering and cross-references, and to The proposed rule change moves the Opening Process will commence when conform them to other portions of the provisions in subparagraph (c)(4)(A) and all legs of the complex strategy are open rule and to the corresponding C2 rule.51 (B) regarding the repricing of complex on the Simple Book. However, pursuant The proposed rule change moves the orders on the COB in certain situations to proposed subparagraph (c)(2), the provision regarding incoming complex and the handling of Post Only complex System initiates the COB Opening orders with prices that do not satisfy the orders that lock or cross a resting Process for a complex strategy after a pricing requirements described in the complex order in the COB or the then- number of seconds (determined by the previous paragraph from current current opposite side SBBO to proposed Exchange) after all legs of the strategy in subparagraph (c)(2)(E) to proposed subparagraph (h)(1). The proposed rule the Simple Book are open for trading.46 subparagraph (d)(5) and (e), to include change modifies the reference to The delay provides time for the market all provisions regarding System applicable price protections in current prices to stabilize before trading may handling of complex orders that are subparagraph (c)(4)(B) to the drill- begin.47 This is consistent with current unable to execute (either following a through protection in proposed functionality as set forth in the technical COA or upon submission to the COB, subparagraph (h)(1), as this is the only specifications for the COB opening respectively) in a single place with in applicable price protection in the process available on the Exchange’s Rule 21.20. The proposed rule change context of this Rule. The proposed rule website.48 The Exchange believes this is makes no substantive changes to this change moves current subparagraph a more accurate description of the time provision. (c)(4)(C) to proposed subparagraph when the COB opens.49 The rule The proposed rule change moves (h)(2). The proposed rule change deletes provisions regarding how the Exchange provisions regarding restrictions on the the remainder of current subparagraph determines the COB Opening Price, how Legging 52 of complex orders into the (c)(4) regarding the managed interest the Exchange transitions to Regular Simple Book from current paragraph process, as the provisions in that Trading, and what happens if there are subparagraph are covered in various 50 See C2 Rule 6.13(c). 44 See C2 Rule 6.13(b). other parts of Rule 21.20 (currently and 51 See C2 Rule 6.13(f). 45 See C2 Rule 6.13(f). The Exchange notes C2 has as proposed), including proposed 52 The proposed rule change also adds to Rule no Priority Customer overlay, and thus has different paragraphs (d) through (h),55 making 21.20(a) a defined term for Legging, which is execution price requirements regarding components defined in proposed paragraph (g) as a complex of complex orders with respect to the Simple Book. 53 order executing against orders an quotes in the See C2 Rule 6.13(g). 46 See proposed Rule 21.20(c)(2). Simple Book if it can execute in full or in a 54 See C2 Rule 6.13(i). 47 The Exchange notes it applies a similar delay permissible ratio and if it has [sic] more than a 55 For example, the first portion of current after occurrence of the opening rotation trigger for maximum number of legs (which the Exchange subparagraph (c)(5)(A) describes the System the simple market opening auction process. See determines on a class-by-class basis and may two, evaluation of an order and whether it is COA- Rule 21.7(d)(1). three, or four). This is consistent with current Rule eligible, can execute against the COB or Leg into the 48 See http://cdn.cboe.com/resources/ 21.20(c)(1)(F) and merely adds a defined term. The Simple Book. As discussed above, this is described membership/US_Options_Opening_Process.pdf. Commission notes that such execution occurs if the in proposed paragraph (g). Additionally, current 49 This is also the same as the COB opening complex order has no more than a maximum subparagraph (c)(5)(A) describes pricing process for C2. See C2 Rule 6.13(c)(2). number of legs (emphasis added). Continued

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these provisions of the managed interest fact, making this provision redundant. The proposed rule change moves the process redundant. The proposed rule The proposed rule change makes no provisions regarding when a COA may change makes no substantive changes to substantive changes to how the System terminate early from current the evaluation process, and makes handles non-COA-eligible orders. The subparagraph (d)(5)(C) to proposed nonsubstantive changes to these proposed rule change makes subparagraph (d)(3) so that all provisions, including to make them nonsubstantive changes to these provisions regarding the length of time plain English, to reorganize certain provisions, including to make them for which a COA lasts are included in provisions, to simplify the language and plain English, to reorganize certain the same place within Rule 21.20. The delete redundant language, update provisions, to simplify the language and proposed rule change clarifies in paragraph lettering and numbering and delete redundant language, update subparagraph (d)(4)(B) that the System cross-references, and to conform them to paragraph lettering and numbering and aggregates the size of COA Responses other portions of the rule and to the cross-references, and to conform them to submitted at the same price for an EFID, corresponding C2 rule.56 other portions of the rule and to the and caps the size of the aggregated COA The proposed rule change deletes corresponding C2 rule.59 Responses at the size of the COA- current subparagraph (c)(4)(A), as The proposed rule change deletes eligible order. Current subparagraph proposed subparagraph (f)(2)(A) current subparagraph (c)(6)(A) regarding (d)(4) permits multiple COA Responses includes a provision that requires a complex market orders that may initiate from the same Member. The proposed complex order to execute at a price at a COA, because the definition of COA- rule change is consistent with current least equal to the SBBO (i.e., the bids eligible in proposed paragraph (b) System entry requirements for COA and offers established in the permits market orders to be designated Responses, and the proposed rule marketplace that are no better than the as COA-eligible (there is no prohibition change merely adds this detail to the bids or offers comprising the complex on a User from designating a market Rules. The System aggregates the size of order price) or better than the SBBO order as COA-eligible), and because COA Responses submitted at the same when there is a Priority Customer Order price for an EFID, and caps the size of 57 proposed subparagraph (d)(1) describes at the SBBO, and thus this provision the auction price that will be used for the aggregated COA Responses at the is redundant. The proposed rule change a COA-eligible market order. Therefore, size of the COA-eligible order. This moves the provision in current this provision is redundant. The provision prevents Users from taking subparagraph (c)(4)(B) to proposed proposed rule change deletes current advantage of a pro-rata allocation by paragraph (e), which describes the subparagraph (c)(6)(B) regarding submitting responses larger than the allocation and priority in which a complex market orders that do not COA-eligible order to obtain a larger complex order may execute against initiate a COA, because those will be allocation from that order. The proposed other interest. The proposed rule change handled in the same manner as any do- rule change in subparagraph (d)(4)(C) does not change the priority order in not-COA order pursuant to proposed that provides that a modification of a which, or the prices at which, complex paragraph (e), making this provision COA Response to decrease its size will orders currently execute. The proposed redundant. The proposed rule change not result in loss of priority, as that is rule change makes nonsubstantive makes no substantive changes to how consistent with current the current Rule changes to these provisions, including and System functionality.61 The the System handles complex market to make them plain English, to Exchange believes decreasing the size of orders. The proposed rule change makes reorganize certain provisions, to a COA Response (similar to nonsubstantive changes to these simplify the language and delete decrementation of an order or quote provisions, including to make them redundant language, update paragraph after partial execution), should not plain English, to reorganize certain lettering and numbering and cross- impact priority, as such a modification provisions, to simplify the language and references, and to conform them to other would potentially decrease the delete redundant language, update portions of the rule and to the allocation to that response. The paragraph lettering and numbering and corresponding C2 rules.58 proposed rule change clarifies that COA cross-references, and to conform them to The proposed rule change moves the Responses may only execute against the other portions of the rule and to the description of how a non-COA-eligible COA-eligible order for the COA to corresponding C2 rule.60 order will be handled from current which a User submitted the COA subparagraph (c)(5)(D) to proposed The proposed rule change clarifies in Response, which is consistent with the paragraph (e). The proposed rule change proposed subparagraph (d)(1) that the current rules that require COA deletes current subparagraph (c)(5)(D)(i), COA price for a complex order may be Responses to include a COA auction ID as the definitions of times-in-force that the drill-through price if the order is for the COA to which the User is are not allowed to rest in the COB (for subject to the drill-through protection in submitting the COA Responses. example, an immediate-or-cancel order Rule 21.17(b). This is consistent with The proposed rule change states that is defined as being cancelled if it does current functionality and the drill- unexecuted COA Responses are not execute upon entry) include that through protection, which ensures that cancelled at the conclusion of the COA a complex order will not execute at a rather than immediately if they are not requirements for complex orders, which are price too far away from the SNBBO. The executable based on the price of the included in paragraph (f), as described above. current Rule states the price of a COA COA. The Exchange believes this Current subparagraph (c)(5)(C) regarding whether is subject to applicable price proposed change will ensure that all an order is determined to be COA-eligible (and thus protections. However, the only initiates a COA) is included in proposed Users participating in COAs have the subparagraph (d)(1) and paragraph (e). applicable one is the drill-through same information regarding COAs if the 56 See C2 Rule 6.13(h). protection, so the Exchange believes the Exchange determines to not include the 57 Proposed paragraph (e) clarifies that a complex proposed rule change provides price of a COA on the COA notification order must execute against any Priority Customer additional specificity consistent with message pursuant to proposed orders in the Simple Book at the same price, which the current Rule. subparagraph (d)(1). If the Exchange is consistent with the current Rule that a complex order must improve the SBBO if there is a Priority determines to not include the price of a Customer order at the BBO of any component. 59 See C2 Rule 6.13(e). 58 See C2 Rule 6.13(e) and (f). 60 See C2 Rule 6.13(b), (d), and (e). 61 See current subparagraph (d)(4).

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COA on the COA notification message the SBBO), which could reduce references, and conform to the pursuant to proposed subparagraph execution opportunities for complex corresponding C2 rule.65 (d)(1), rejection of unmarketable COA orders. If the System were to use the Throughout Rule 21.20, the proposed Responses may provide the submitting zero bid or offer when calculating the rule change replaces references to User with the ability to determine the SBBO, it may also result in executions Members with Users. An Options COA price, which was not available to at erroneous prices (since there is no Member means a firm or organization other Users. market indication for the price at which that is registered with the Exchange The proposed rule change deletes the leg should execute). For example, if pursuant to Chapter XVII of the Rules current subparagraph (d)(6) regarding a complex order has a buy leg in a series for purposes of participating in options COA pricing, as it is redundant of the with no offer, there is no order in the trading on EDGX Options as an rule provisions in proposed (f)(2). The leg markets against which this leg ‘‘Options Order Entry Firm’’ or proposed rule change moves the component could execute. This is ‘‘Options Market Maker.’’ 66 A User is provision from current subparagraph consistent with current System any Options Member or Sponsored (d)(7) regarding the allocation of COA- functionality, and the proposed rule Participant who is authorized to obtain eligible orders to proposed change is codifying this detail in the access to the System pursuant to Rule subparagraph (d)(5). Rules. This is also consistent with the 11.3.67 While the Exchange currently The proposed rule change adds detail current Rule 21.20(c)(1)(C) and has no Sponsored Participants, a to the current rule provisions regarding proposed Rule 21.20(f)(2) that states Sponsored Participant would have the COAs, as well as codifies current complex order executions are not ability to submit complex orders. functionality and consolidates all permitted if the price of a leg would be Therefore, the term ‘‘User’’ in the provisions regarding COAs within a zero. Additionally, this is similar to the context of Rule 21.20 is more single paragraph in Rule 21.20 proposed rule change described above appropriate. (including moving rule provision to improve the posting price of a The proposed rule change amends regarding concurrent COAs from current complex order by $0.01 if it would Rule 21.1(d)(10) to delete the cross- Interpretation and Policy .02 to otherwise lock the SBBO. The proposed reference to Rule 21.20(c)(1)(C), which proposed subparagraph (d)(2)). The rule change is a reasonable process to the Exchange proposes to move as proposed rule change makes no changes ensure complex orders receive described above, and replaces it to state to how COAs occur or how the System execution opportunities, even if there is that no option leg may execute at a price allocates orders at the conclusion of a no interest in the leg markets. of zero. The Rule currently provides that COA. The proposed rule change makes Additionally, a User may always cancel no option leg may execute at the same nonsubstantive changes to the COA a complex order if the User does not price as a Priority Customer Order in the provisions in paragraph (d), including to wish to have its order rest in the COB Simple Book, which makes the other make them plain English, to reorganize provision of Rule 21.20(c)(1)(C) at that price. This proposed rule change certain provisions, to simplify the unnecessary to reference. This proposed is also identical to the corresponding C2 language and delete redundant change makes no change to the Rule.63 language, update paragraph lettering functionality of Complex QCC Orders. and numbering and cross-references, The proposed rule change moves The proposed rule change deletes and to conform them to other portions provisions regarding how the System provisions that state the Exchange will of the rule and to the corresponding C2 handles complex orders during trading make certain determinations and rule.62 halt from Interpretation and Policy .05 announcements via Regulatory The proposed rule change adds to proposed paragraph (k). The Circular.68 Pursuant to Rule 16.3, the proposed subparagraph (h)(3), which proposed rule change makes no Exchange announces all determinations states if there is a zero NBO for any leg, substantive changes to how the System it makes pursuant to the Rules via the System replaces the zero with a handles complex orders during a trading specifications, Notices, or Regulatory price $0.01 above NBB to calculate the halt, and makes nonsubstantive changes Circulars with appropriate advanced SNBBO, and complex orders with any to these provisions, including to make notice, which will be posted on the buy legs do not Leg into the Simple them plain English, to reorganize certain Exchange’s website, or as otherwise Book. If there is a zero NBB, the System provisions, to simplify the language and provided in the Rules; electronic replaces the zero with a price of $0.01, delete redundant language, update message; or other communication and complex orders with any sell legs paragraph lettering and numbering and method as provided in the Rules. All do not Leg into the Simple Book. If there cross-references, and to conform them to determinations the Exchange makes is a zero NBB and zero NBO, the System other portions of the rule and to the pursuant to Rule 21.20 will be made in replaces the zero NBB with a price of corresponding C2 rule.64 accordance with Rule 16.3. $0.01 and replaces the zero NBO with The proposed rule change makes no The proposed rule change makes a price of $0.02, and complex orders do substantive changes to the rules additional nonsubstantive changes not Leg into the Simple Book. The regarding how complex orders execute, throughout Rule 21.20, including to SBBO and SNBBO may not be including rules related to priority. make them plain English, to reorganize calculated if the NBB or NBO is zero (as Complex orders will continue to trade certain provisions and consolidate noted above, if the best bid or offer on in the same manner as they do today. the Exchange is not available, the The proposed rule change makes 65 See C2 Rule 6.13(d) and (e). Note C2 has System uses the NBB or NBO when nonsubstantive changes to these different priority provisions, as it does not have Priority Customer priority and instead prioritizes all calculating the SBBO). As discussed provisions, including to make the rule orders and quotes on the Simple Book (and above, permissible execution prices are text plain English, reorganize the Rule, allocates them pursuant to the applicable allocation based on the SBBO. If the SBBO is not simplify the language and delete algorithm pursuant to C2 Rule 6.12) ahead of all available, the System cannot determine redundant provisions, update paragraph complex orders. 66 permissible posting or execution pricing lettering and numbering and cross- See Rule 16.1. 67 See Rule 16.1. for a complex order (which are based on 68 See Rules 21.17 (in the introductory paragraph 63 See C2 Rule 6.13(h)(3). and proposed paragraph (b)) and 21.20 (various 62 See C2 Rule 6.13(d). 64 See C2 Rule 6.13(k). provisions).

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related provisions within a single with Stock Order functionality will option orders must satisfy the same QCT portion of the Rule, to simplify the provide Users with an optional, Exemption).75 This proposed process is language and delete redundant alternative means to execute the stock also similar to that of other options language, update paragraph lettering component of their QCTs. exchanges.76 and numbering and cross-references, The Exchange believes these proposed The Exchange conducts surveillance and to conform them to other portions order types will reduce Users’ to ensure a User executes the stock of the rule and to the corresponding C2 compliance burden because it [sic] component of a QCT, which will also rule.69 The proposed rule change makes allows for the automatic submission of apply to all of the proposed no changes to the allocation or priority the stock component of a QCT in functionality, if the option component of complex orders. connection with the execution of the executed. As a result, if the stock options component(s) as a stock-option component does not execute when 2. Statutory Basis order on the Exchange. The proposed initially submitted to a stock trading The Exchange believes the proposed functionality also provides benefits to venue by the designated broker-dealer, a rule change is consistent with the the Exchange by establishing an audit User may be subject to compliance risk Securities Exchange Act of 1934 (the trail for the execution all option if it does not execute the stock ‘‘Act’’) and the rules and regulations components of a QCT with [sic] a component within a reasonable time thereunder applicable to the Exchange reasonable period of time of each other, period of the execution of the option and, in particular, the requirements of and of the stock component of a QCT component. The proposed rule change Section 6(b) of the Act.70 Specifically, within a reasonable period of time after reduces this compliance risk for Users. the Exchange believes the proposed rule the execution of the option components. The Exchange therefore believes the change is consistent with the Section The proposed rule change further proposed rule change removes 6(b)(5) 71 requirements that the rules of reduces Users’ compliance risk by impediments to and perfects the an exchange be designed to prevent providing that the Exchange will, in mechanisms of a free and open market fraudulent and manipulative acts and addition to cancelling the stock and a national market system, and in practices, to promote just and equitable component if the option component general, protects investors and the principles of trade, to foster cooperation cannot execute, nullify any option public interest. and coordination with persons engaged component execution when the stock The Exchange believes the proposed in regulating, clearing, settling, component does not execute without a stock leg execution buffer, debit/credit processing information with respect to, request from the User. Nullification of reasonability check amendment, and and facilitating transactions in the option trade is consistent with the buy-write/married put check for stock- securities, to remove impediments to requirement that a User must execute option orders (in addition to the other and perfect the mechanism of a free and the stock component of a QCT within a existing price protection mechanisms open market and a national market reasonable period of time after applicable to complex orders that will system, and, in general, to protect executing the option component on the apply to stock-option orders) will investors and the public interest. Exchange. The proposed rule change protect investors and the public interest Additionally, the Exchange believes the simply eliminates the requirement that and maintain fair and orderly markets proposed rule change is consistent with one party to the transaction request by mitigating potential risks associated the Section 6(b)(5) 72 requirement that nullification of the option component with market participants entering orders the rules of an exchange not be designed trade before the Exchange nullifies the at clearly unintended prices and orders to permit unfair discrimination between option trade, because such nullification trading at prices that are extreme and customers, issuers, brokers, or dealers. is consistent with the definition of QCT. potentially erroneous, which may likely The proposed rule change benefits The proposed rule change merely have resulted from human or investors and promote just and automates a process that Users can operational error. The Exchange equitable principles of trade because it manually do today. As noted above, to believes these proposed price protection provides investors with greater qualify as a QCT, the execution of one mechanisms will remove impediments opportunities to manage risk through component is contingent upon the to and perfects the mechanisms of a free trading of additional types of complex execution of all other components at or and open market and a national market orders. The proposed stock-option order near the same time.73 Since the purpose system, because they are similar to price and Complex QCC with Stock Order of stock-option orders is for all protection mechanisms available on functionality are each optional for Users components to trade at or near the same other exchanges. The proposed buy- and will help them facilitate execution time, if the stock component does not write/married put price check is similar of components of a QCT. Currently, if a execute at or near the same time as the to the parity price protection in MIAX User wanted to execute a QCT, it could option component(s), it is reasonable to Rule 518, Interpretation and Policy do so by entering the options expect a User that submitted one of .01(g). The proposed application of the components on the Exchange and these orders to request such debit/credit price reasonability check to separately executing the stock nullification to avoid any compliance stock-option orders is similar to Cboe component of the QCT on another risk associated with execution of the Options Rule 6.53C, Interpretation and venue. Users will have the option to option components of these orders and Policy .08(c). The proposed stock leg continue do this, or build their own lack of execution of a stock order at or buffer is similar to the Exchange’s technology to electronically near the same time.74 This proposed current fat finger protection (which will communicate the stock component of execution process is the same process not permit a complex order to be more any QCT to a broker-dealer for the Exchange currently uses to execute than a specified amount outside of the execution. However, the addition of QCC with Stock Orders, which are a SNBBO, which will include the NBBO stock-option order and Complex QCC type of stock-option order (and thus the of the stock leg, as described above), Exchange merely expands this process except it also applies a buffer to the 69 See C2 Rule 6.13. to all stock-option orders, as all stock- 70 15 U.S.C. 78f(b). 75 See current Rule 21.20(c)(7) (proposed Rule 71 15 U.S.C. 78f(b)(5). 73 See supra notes 10 and 18. 21.20(l)(3)). 72 Id. 74 See supra note 12. 76 See supra note 19.

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individual stock leg as opposed to the website.81 The Exchange believes this is The proposed rule change is generally net price. Additionally, stock exchanges a more accurate description of the time intended to align system functionality provide similar protections for when the COB opens, and this currently offered by the Exchange with execution prices of stock orders.77 additional transparency will benefit Cboe Options functionality in order to The proposed rule change to require investors. Additionally, another options provide a consistent technology offering Users to mark stock-option orders as exchange has the same delay for its COB for the Cboe Affiliated Exchanges. A required by Regulation SHO, and to opening process.82 consistent technology offering, in turn, execute stock-option orders at prices The proposed rule change to codify will simplify the technology permitted by Regulation SHO (a current functionality in the drill- implementation, changes, and Regulation adopted pursuant to the Act) through complex order protection will maintenance by Users of the Exchange and the Limit Up-Limit Down Plan benefit investors, as it provides that are also participants on Cboe (Regulation NMS Plan adopted pursuant additional transparency in the Rules. Affiliated Exchanges. When Cboe to the Act), promote just and equitable Additionally, the proposed rule change Options migrates to the same technology principles of trade, as they are intended provides complex orders with as that of the Exchange and other Cboe to ensure the Exchange will execute additional execution opportunities Affiliated Exchanges, Users of the stock-option orders in accordance with rather than cancels them when market Exchange and other Cboe Affiliated these regulations, which are intended to prices reflect interest to trade at the Exchanges will have access to similar reduce the negative impacts of sudden, price, but the order is not currently functionality on all Cboe Affiliated unanticipated price movements in NMS executable due to Legging Restrictions. Exchanges. Differences remain to the extent necessary to conform to the stocks and protect investors. Additionally, this functionality is the Exchange’s current rules, retain The proposed rule change would also same as the drill-through complex order protection of another options intended differences based on the provide Users with access to stock- Exchange’s market model, or make other exchange.83 option order functionality and Complex nonsubstantive changes to simplify, QCC with Stock order functionality that The proposed rule change to codify clarify, eliminate duplicative language, is generally available on options current functionality regarding how the or make the rule provisions plain exchanges, including Cboe Affiliated System determines possible execution English. As such, the proposed rule Exchanges, which may result in the prices for complex orders if the NBB or change would foster cooperation and more efficient execution of QCTs and NBO of any component leg is zero will coordination with persons engaged in provide Users with additional flexibility benefit investors, because it is a facilitating transactions in securities and and increased functionality on the reasonable process provide complex would remove impediments to and Exchange’s System.78 Additionally, the orders with execution opportunities, perfect the mechanism of a free and proposed functionality is consistent even if there is no interest in the leg open market and a national market with the QCT exemption previously markets in a manner consistent with the system. approved by the Commission.79 The pricing requirements of complex orders. To the extent a proposed rule change Exchange believes this consistency will A User may always cancel a complex is based on an existing Cboe Affiliated promote a fair and orderly national order if the User does not wish to have Exchange rule, the language of Exchange options market system. The proposed its order rest in the COB at a price Rules and Cboe Affiliated Exchange rule change does not propose to determined as set forth in the proposed rules may differ to [sic] extent necessary implement new or unique functionality rule change. Additionally, another to conform with existing Exchange rule that has not been previously filed with options exchange offers the same text or to account for details or the Commission or is not available on functionality.84 descriptions included in the Exchange’s Cboe Affiliated Exchanges (or other The proposed rule change to permit Rules but not in the applicable EDGX options exchanges). Users to designate complex orders as rule. Where possible, the Exchange has The proposed rule change to codify Attributable or Non-Attributable will substantively mirrored Cboe Affiliated the delay for a complex strategy to open benefit investors, as it codifies current Exchange rules, because consistent rules after the legs have opened will benefit functionality and thus provides will simplify the regulatory investors, as it will provide time for the investors with transparency in the requirements and increase the market prices to stabilize before trading Rules. These instructions merely apply understanding of the Exchange’s may begin in complex strategies.80 This to information that is displayed for the operations for participants on other is consistent with current functionality orders (in the discretion of the User), Cboe Affiliated Exchanges that are also as set forth in the technical and have no impact on the execution of EDGX Users. The proposed rule change specifications for the COB opening complex orders. The Exchange believes would provide greater harmonization process available on the Exchange’s this provides Users with greater control between the rules of the Cboe Affiliated and flexibility over the manner in which Exchanges, resulting in greater uniformity and less burdensome and 77 See, e.g., NASDAQ Stock Market Rule 4757(c) they may submit complex orders, and (which prevents stock limit orders from being provides them with functionality that is more efficient regulatory compliance. accepted at prices outside of pre-set standard limits, currently available for simple orders. As such, the proposed rule change which is based on the NBBO). Additionally, another options exchange would foster cooperation and 78 See, e.g., Cboe Options Rule 6.53C and offers investors the ability to designate coordination with persons engaged in Interpretation and Policy .06; MIAX Rule 518; and facilitating transactions in securities and ISE Options 3, Section 14 (stock-option order complex orders as Attributable or Non- functionality); and Cboe Options Rule 6.53C, Attributable.85 would remove impediments to and Interpretation and Policy .06(g); and ISE Options 3, perfect the mechanism of a free and Section 12(f) (Complex QCC with Stock open market and a national market functionality). 81 See http://cdn.cboe.com/resources/ _ _ _ system. 79 See QCT Exemption Order. membership/US Options Opening Process.pdf. 82 The Exchange also believes that the 80 The Exchange notes it applies a similar delay See C2 Rule 6.13(c)(2). after occurrence of the opening rotation trigger for 83 See C2 Rule 6.14(b)(6). proposed amendments will contribute the simple market opening auction process. See 84 See C2 Rule 6.13(h)(3). to the protection of investors and the Rule 21.7(d)(1). 85 See C2 Rule 6.13(b). public interest by making the

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Exchange’s rules easier to understand. that is not necessary or appropriate in is zero, and to the COB Opening Process Where necessary, the Exchange has furtherance of the purposes of the Act, (to delay the opening of a complex proposed language consistent with the because it is consistent with the QCT strategy for a time period after the legs Exchange’s operations on EDGX exemption previously approved by the open) will impose any burden on technology, even if there are specific Commission.86 Additionally, the intramarket competition that is not details not contained in the current proposed functionality is similar to necessary or appropriate in furtherance structure of EDGX rules. The Exchange functionality offered by other options of the purposes of the Act, because these believes it is consistent with the Act to exchanges.87 changes codify existing functionality. maintain its current structure and such The Exchange does not believe the They apply in the same manner detail, rather than removing such details proposed stock leg execution buffer, complex orders of all Users in the same simply to conform to the structure or debit/credit reasonability check manner. The Exchange does not believe format of EDGX rules, again because the amendment, and buy-write/married put these proposed rules changes will Exchange believes this will increase the check for stock-option orders will impose any burden on intermarket understanding of the Exchange’s impose any burden on intramarket competition that is not necessary or operations for all Users of the Exchange. competition that is not necessary or appropriate in furtherance of the appropriate in furtherance of the purposes of the Act, because they are B. Self-Regulatory Organization’s purposes of the Act. These proposed Statement on Burden on Competition the same as the rules of another options price protection mechanisms will apply exchange.90 The Exchange does not believe that to stock-option orders of all Users in the The proposed nonsubstantive changes the proposed rule change will impose same manner. The Exchange does not to the Rules will have no impact on any burden on competition that is not believe these price protection competition, as they do not modify any necessary or appropriate in furtherance mechanisms will impose any burden on functionality. Rather, these proposed of the purposes of the Act. The intermarket competition that is not changes add clarity and transparency to Exchange does not believe the proposed necessary or appropriate in furtherance the Rules and conform rule language stock-option order or Complex QCC of the purposes of the Act, because they with the corresponding rules of a Cboe with Stock Order functionality will are similar to price protection Affiliated Exchange. impose any burden on intramarket mechanisms available on other competition that is not necessary or exchanges.88 These price protection C. Self-Regulatory Organization’s appropriate in furtherance of the mechanisms are intended to prevent Statement on Comments on the purposes of the Act. Stock-option orders executions of stock-option orders at Proposed Rule Change Received From and Complex QCC with Stock orders potentially erroneous prices. Members, Participants, or Others facilitate Users’ compliance with the The Exchange does not believe the The Exchange neither solicited nor requirements associated with executing proposed rule change to permit Users to received comments on the proposed QCTs, and are not designed to impose designate complex orders as rule change. any unnecessary burden on Attributable or Non-Attributable will competition. These proposed order impose any burden on intramarket III. Date of Effectiveness of the types will be available to all Users on a competition that is not necessary or Proposed Rule Change and Timing for voluntary basis, and Users are not appropriate in furtherance of the Commission Action required to use either order type when purposes of the Act, because this Because the foregoing proposed rule executing QCTs. The proposed rule proposed rule change codifies existing change does not: change has no impact on Users that functionality. These designations will A. Significantly affect the protection elect to execute QCTs without using the be available to all Users, and use of of investors or the public interest; proposed functionality. Those Users these designations will be voluntary. B. impose any significant burden on may continue to execute QCTs in the The Exchange does not believe the competition; and same manner as they do today by proposed rule change to permit Users to C. become operative for 30 days from entering an option order on the designate complex orders as the date on which it was filed, or such Exchange and separately executing the Attributable or Non-Attributable will shorter time as the Commission may stock component of the QCT another impose any burden on intermarket designate, it has become effective venue. A User can also build its own competition that is not necessary or pursuant to Section 19(b)(3)(A) of the technology to electronically appropriate in furtherance of the Act 91 and Rule 19b–4(f)(6) 92 communicate the stock component of purposes of the Act, because another thereunder. At any time within 60 days any QCT to a broker-dealer for Exchange makes these designations of the filing of the proposed rule change, execution. available for complex orders.89 the Commission summarily may For Users that elect to use proposed The Exchange does not believe the temporarily suspend such rule change if functionality to execute QCTs, the proposed changes to the complex order it appears to the Commission that such proposed rule change reduces those drill-through, the pricing of orders when action is necessary or appropriate in the Users’ compliance burdens to satisfy the NBBO in a leg of a complex strategy their obligation to execute all of the public interest, for the protection of investors, or otherwise in furtherance of components of a QCT at or near the 86 See QCT Exemption Order. same time, as this functionality provides 87 See Cboe Options Rule 6.53C; ISE Options 3, the purposes of the Act. If the an automated means for satisfying this Sections 12(f) and 14, and Supplementary Material Commission takes such action, the obligation. The proposed functionality .02 and .07; and MIAX Rule 518. Commission will institute proceedings 88 See MIAX Rule 518, Interpretation and Policy to determine whether the proposed rule will be available to all Users either [sic] .01(g) (buy-write/married put check); Cboe Options through a User’s electronic connection Rule 6.53C, Interpretation and Policy .08(c) (debit/ to the Exchange. credit price reasonability check to stock-option 90 See C2 Rules 6.13(c)(2) (COB Opening Process) The Exchange does not believe stock- orders); and NASDAQ Stock Market Rule 4757(c) and (h)(3) (pricing of orders when the NBBO in a (which prevents stock limit orders from being leg of a complex strategy is zero); and 6.14(b)(6)(A) option orders or Complex QCC with accepted at prices outside of pre-set standard limits, (complex order drill-through). Stock Order functionality will impose which is based on the NBBO). 91 15 U.S.C. 78s(b)(3)(A). any burden on intermarket competition 89 See C2 Rule 6.13(b). 92 17 CFR 240.19b–4(f)(6).

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change should be approved or For the Commission, by the Division of ICE Clear Europe management and disapproved. Trading and Markets, pursuant to delegated advises management on all key aspects authority.93 of risk management and produces IV. Solicitation of Comments Eduardo A. Aleman, proposals for review by the Board Risk Interested persons are invited to Deputy Secretary. Committee, Product Risk Committees, submit written data, views, and [FR Doc. 2019–15135 Filed 7–16–19; 8:45 am] and ICE Clear Europe Board, as arguments concerning the foregoing, BILLING CODE 8011–01–P appropriate.5 The Product Risk including whether the proposed rule Committees are made up of appointees change is consistent with the Act. nominated by ICE Clear Europe’s Comments may be submitted by any of SECURITIES AND EXCHANGE Clearing Members.6 the following methods: COMMISSION Second, the proposed rule change would add a requirement that a person Electronic Comments [Release No. 34–86359; File No. SR–ICEEU– 2019–010] applying to become a CDS Clearing • Use the Commission’s internet Member (an ‘‘Applicant’’) prove its comment form (http://www.sec.gov/ Self-Regulatory Organizations; ICE ability to determine and submit end-of- day prices for CDS instruments to fulfill rules/sro.shtml); or Clear Europe Limited; Order Approving the pricing capabilities requirements set • Proposed Rule Change to Clearing Send an email to rule-comments@ Membership Policy out in ICE Clear Europe’s CDS End-Of- sec.gov. Please include File Number SR– Day Price Discovery Policy. The CboeEDGX–2019–039 on the subject July 11, 2019. proposed rule change would further line. I. Introduction specify how ICE Clear Europe’s Clearing Risk Department would review and Paper Comments On May 13, 2019, ICE Clear Europe determine Applicants’ pricing Limited (‘‘ICE Clear Europe’’ or • Send paper comments in triplicate capabilities. Thus, the proposed rule ‘‘Clearing House’’) filed with the to Secretary, Securities and Exchange change would provide the Executive Securities and Exchange Commission Commission, 100 F Street NE, Risk Committee, as the delegated (‘‘Commission’’), pursuant to Section Washington, DC 20549–1090. committee responsible for approving or 19(b)(1) of the Securities Exchange Act rejecting an Applicant, with authority to All submissions should refer to File of 1934 (‘‘Act’’),1 and Rule 19b–4 reject an Applicant that cannot Number SR–CboeEDGX–2019–039. This thereunder,2 a proposed rule change to file number should be included on the demonstrate such pricing capabilities. amend its Clearing Membership Policy. Finally, the proposed rule change subject line if email is used. To help the The proposed rule change was Commission process and review your would add an explicit requirement that, published for comment in the Federal in evaluating applications for comments more efficiently, please use 3 Register on May 28, 2019. The membership, the Clearing Risk only one method. The Commission will Commission did not receive comments Department consider the performance of post all comments on the Commission’s on the proposed rule change. For the Applicants in a Default Management internet website (http://www.sec.gov/ reasons discussed below, the Test and review Applicants’ internal rules/sro.shtml). Copies of the Commission is approving the proposed policies and procedures to assess the submission, all subsequent rule change. efficacy of their default management amendments, all written statements process. Thus, the proposed rule change with respect to the proposed rule II. Description of the Proposed Rule would provide the Executive Risk change that are filed with the Change ICE Clear Europe’s proposed rule Committee, as the delegated committee Commission, and all written responsible for approving or rejecting an communications relating to the change would make three amendments to its Clearing Membership Policy.4 Applicant, with authority to reject an proposed rule change between the Applicant that cannot demonstrate the Commission and any person, other than First, the proposed rule change would specify that applications for efficacy of its default management those that may be withheld from the process. public in accordance with the membership are formally considered provisions of 5 U.S.C. 552, will be and, as appropriate, approved and III. Commission Findings rejected by, the Executive Risk available for website viewing and Section 19(b)(2)(C) of the Act directs Committee, through a delegation of printing in the Commission’s Public the Commission to approve a proposed authority from the ICE Clear Europe Reference Room, 100 F Street NE, rule change of a self-regulatory Board of Directors, rather than the F&O Washington, DC 20549 on official organization if it finds that the proposed and CDS Product Risk Committees business days between the hours of rule change is consistent with the (collectively, the ‘‘Product Risk 10:00 a.m. and 3:00 p.m. Copies of the requirements of the Act and the rules filing also will be available for Committees’’). The proposed rule change would also specify that the inspection and copying at the principal 5 See ICE Clear Europe Disclosure Framework, office of the Exchange. All comments Product Risk Committees would be available at https://www.theice.com/publicdocs/ received will be posted without change. notified of approved applications. The clear_europe/ICE_Clear_Europe_Disclosure_ Executive Risk Committee is made up of Framework.pdf (‘‘The role of the ERC is to advise Persons submitting comments are the management team on all key aspects of risk cautioned that we do not redact or edit management and produce proposals for review by 93 personal identifying information from 17 CFR 200.30–3(a)(12). the Board Risk Committee, the Product Risk 1 15 U.S.C. 78s(b)(1). comment submissions. You should Committees, the Client Risk Committee, the Audit 2 17 CFR 240.19b–4. Committee and the Board as appropriate.’’). submit only information that you wish 3 Securities Exchange Act Release No. 85908 (May 6 See ICE Clear Europe Disclosure Framework, to make available publicly. All 21, 2019), 84 FR 24573 (May 28, 2019) (SR–ICEEU– available at https://www.theice.com/publicdocs/ submissions should refer to File 2019–010) (‘‘Notice’’). clear_europe/ICE_Clear_Europe_Disclosure_ Number SR–CboeEDGX–2019–039 and 4 Notice, 84 FR at 24574. Capitalized terms not Framework.pdf (‘‘The CDS PRC is comprised of otherwise defined herein have the meanings given appointees nominated by CDS Clearing Members, should be submitted on or before to them in the ICE Clear Europe Rules or the Independent Non-Executives and representatives of August 7, 2019. Clearing Membership Policy. ICEU.’’).

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and regulations thereunder applicable to Clear Europe would test and screen rule change would help to ensure that the organization presenting it.7 For the Applicants for their ability to satisfy the governance regarding approval of reasons given below, the Commission end-of-day pricing and default Applicants is clear and transparent, and finds that the proposed rule change is management requirements, and establishes a clear and direct line of consistent with Section 17A(b)(3)(F) of providing the Executive Risk Committee responsibility, by clearly specifying that the Act 8 and Rules 17Ad–22(e)(2) and authority to reject Applicants that do the Executive Risk Committee would (e)(18) thereunder.9 not meet such requirements, would approve or disapprove applications. promote the prompt and accurate Moreover, in establishing that the A. Consistency With Section clearance and settlement of securities Executive Risk Committee, through a 17A(b)(3)(F) of the Act transactions and help assure the delegation of authority from the ICE Section 17A(b)(3)(F) of the Act safeguarding of securities and funds Clear Europe Board of Directors, is requires, among other things, that the which are in the custody or control of responsible for approving or rejecting rules of ICE Clear Europe be designed to the ICE Clear Europe or for which it is Applicants, rather than the Product Risk promote the prompt and accurate responsible. For the same reasons, the Committees, the Commission believes clearance and settlement of securities Commission also believes the proposed the proposed rule change would transactions and, to the extent rule change would, in general, protect consolidate, within ICE Clear Europe applicable, derivative agreements, investors and the public interest. management, decisions regarding contracts, and transactions, to assure the Section 17A(b)(3)(F) of the Act further admission of applicants for membership safeguarding of securities and funds requires that the rules of ICE Clear at ICE Clear Europe. The Commission which are in the custody or control of Europe are not designed to permit unfair believes this would therefore clearly ICE Clear Europe or for which it is discrimination in the admission of specify the responsibility of ICE Clear responsible, and, in general, to protect participants or among participants in Europe management in approving or investors and the public interest.10 the use of the clearing agency.11 The rejecting Applicants. Therefore, the As discussed above, the proposed rule Commission believes that the proposed Commission finds that the proposed change would specify that applications changes discussed above would rule change is consistent with Rule for membership are formally establish procedures by which ICE Clear 17Ad–22(e)(2).14 considered, and approved and rejected Europe would test and screen by, the Executive Risk Committee, C. Consistency With Rule 17Ad– Applicants for their ability to satisfy 22(e)(18) rather than the Product Risk end-of-day pricing and default Committees. The proposed change management requirements on an Rule 17Ad–22(e)(18) requires, among would also specify the procedure by objective basis, without discriminating other things, that ICE Clear Europe which ICE Clear Europe would test and in the admission of Applicants. establish, implement, maintain, and screen Applicants for their ability to Therefore, the Commission finds that enforce written policies and procedures satisfy end-of-day pricing and default the proposed rule change would reasonably designed to establish management requirements. The promote the prompt and accurate objective, risk-based, and publicly Commission believes that ICE Clear clearance and settlement of securities disclosed criteria for participation Europe’s end-of-day pricing and robust transactions, assure the safeguarding of which permit fair and open access by and effective default management securities and funds in ICE Clear direct and, where relevant, indirect protocols both are critical to its ability Europe’s custody and control, in participants and other financial market to contribute to the prompt and accurate general, protect investors and the public utilities.15 clearance and settlement of securities interest, and not be designed to permit As discussed above, the proposed rule transactions and the safeguarding of unfair discrimination in the admission change would specify the procedure by securities and funds. For example, ICE of participants or among participants in which ICE Clear Europe would test and Clear Europe relies on accurate end-of- the use of the clearing agency, screen Applicants for their ability to day prices to generate margin consistent with the Section 17A(b)(3)(F) satisfy end-of-day pricing and default requirements, which it uses to manage of the Act.12 management requirements. The the risks associated with clearing proposed rule change also would security-based swap portfolios. B. Consistency With Rule 17Ad–22(e)(2) specifically require that Applicants Similarly, ICE Clear Europe relies on its Rule 17Ad–22(e)(2) requires, among prove the ability to fulfill the pricing default management tools to help other things, that ICE Clear Europe capabilities requirements set out in ICE manage and reduce the risks associated establish, implement, maintain, and Clear Europe’s CDS End-Of-Day Price with a defaulting Clearing Member’s enforce written policies and procedures Discovery Policy and perform portfolio. Such risks, if not properly reasonably designed to provide for acceptably in a Default Management managed, could cause ICC to realize governance arrangements that are clear Test. The Commission believes that, in losses on such portfolios and could and transparent and that specify clear doing so, the proposed rule change disrupt ICE Clear Europe’s ability to and direct lines of responsibility.13 would establish objective and disclosed promptly and accurately clear security The proposed rule change would procedures for approving Applicants based swaps transactions and safeguard specify that applications for based on the risk of Applicants not securities and funds which are in the membership are formally considered, being able to comply with ICE Clear custody or control of ICE Clear Europe and approved and rejected by, the Europe’s end-of-day pricing and default or for which it is responsible. For these Executive Risk Committee, rather than management requirements. Moreover, reasons, the Commission believes that the Product Risk Committees and that the Commission believes that these the proposed rule change, in the Product Risk Committees are procedures represent objective criteria establishing a procedure by which ICE notified of approved applications. The which any Applicant could potentially Commission believes that the proposed satisfy, thereby permitting fair and open 7 15 U.S.C. 78s(b)(2)(C). access to membership at ICE Clear 8 15 U.S.C. 78q–1(b)(3)(F). 11 15 U.S.C. 78q–1(b)(3)(F). 9 17 CFR 240.17Ad–22(e)(2) and (e)(18). 12 15 U.S.C. 78q–1(b)(3)(F). 14 17 CFR 240.17Ad–22(e)(2). 10 15 U.S.C. 78q–1(b)(3)(F). 13 17 CFR 240.17Ad–22(e)(2). 15 17 CFR 240.17Ad–22(e)(18).

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Europe. Therefore, the Commission comments on the proposed rule change or Non-Trading Permit Holder Affiliate finds that the proposed rule change is from interested persons. (‘‘L’’ origin code) is contra to any other consistent with Rule 17Ad–22(e)(18).16 origin code order, provided the same I. Self-Regulatory Organization’s executing broker and clearing firm are IV. Conclusion Statement of the Terms of Substance of on both sides of the transaction (for the Proposed Rule Change On the basis of the foregoing, the open outcry) or both sides of a paired Commission finds that the proposed Cboe Exchange, Inc. (the ‘‘Exchange’’ order (for orders executed rule change is consistent with the or ‘‘Cboe Options’’) proposes to amend electronically).6 In adopting a waiver for requirements of the Act, and in its Fees Schedule with respect to facilitation fees in Sector Index options, particular, with the requirements of expiring fee waivers and incentive the Exchange recognized that Clearing Section 17A(b)(3)(F) of the Act 17 and programs. The text of the proposed rule Trading Permit Holders can be an Rules 17Ad–22(e)(2) and (e)(18) change is provided in Exhibit 5. important source of liquidity when they thereunder.18 The text of the proposed rule change facilitate their own customers’ trading It is therefore ordered pursuant to is also available on the Exchange’s activity and, as such, the Exchange Section 19(b)(2) of the Act 19 that the website (http://www.cboe.com/ applied a waiver of Clearing Trading proposed rule change (SR–ICEEU–2019– AboutCBOE/CBOELegalRegulatory Permit Holder Proprietary transaction 010) be, and hereby is, approved.20 Home.aspx), at the Exchange’s Office of fees for facilitation orders through June the Secretary, and at the Commission’s 7 For the Commission, by the Division of 30, 2019. The Exchange continues to Trading and Markets, pursuant to delegated Public Reference Room. recognize the important role Clearing authority.21 II. Self-Regulatory Organization’s Trading Permit Holders play with Eduardo A. Aleman, Statement of the Purpose of, and respect to facilitating their own Deputy Secretary. Statutory Basis for, the Proposed Rule customers’ trading activity and as such [FR Doc. 2019–15137 Filed 7–16–19; 8:45 am] Change proposes to extend the waiver through December 31, 2019. BILLING CODE 8011–01–P In its filing with the Commission, the Exchange included statements Sector Indexes License Surcharge concerning the purpose of and basis for The Exchange next proposes to extend SECURITIES AND EXCHANGE the proposed rule change and discussed COMMISSION the current waiver of the Index License any comments it received on the Surcharge of $0.10 per contract. In order [Release No. 34–86361; File No. SR–CBOE– proposed rule change. The text of these to promote and encourage trading of the 2019–031] statements may be examined at the recently adopted Sector Index options, places specified in Item IV below. The the Exchange adopted a waiver of the Self-Regulatory Organizations; Cboe Exchange has prepared summaries, set Index License Surcharge for Sector Exchange, Inc.; Notice of Filing and forth in sections A, B, and C below, of Index option transactions.8 The current Immediate Effectiveness of a Proposed the most significant aspects of such waiver is set to expire on June 30, 2019. Rule Change To Amend Its Fees statements. As the volume in these relatively new Schedule With Respect to Expiring Fee products is low, the Exchange does not Waivers and Incentive Programs A. Self-Regulatory Organization’s Statement of the Purpose of, and have enough information to evaluate the July 11, 2019. Statutory Basis for, the Proposed Rule impact of the waiver. However, the Pursuant to Section 19(b)(1) of the Change Exchange wishes to extend this waiver through December 31, 2019 in order to Securities Exchange Act of 1934 (the 1. Purpose ‘‘Act’’),1 and Rule 19b–4 thereunder,2 continue to encourage the trading of notice is hereby given that on June 28, The Exchange proposes to amend its Sector Index options and grow the 2019, Cboe Exchange, Inc. (the Fees Schedule relating to various fee product. The proposed waiver would ‘‘Exchange’’ or ‘‘Cboe Options’’) filed waivers and incentive programs that are apply to all non-customer transactions. set to expire June 30, 2019. The with the Securities and Exchange VIX License Index Surcharge Commission (the ‘‘Commission’’) the Exchange proposes to implement these The Exchange next proposes to extend proposed rule change as described in amendments to its Fees Schedule on the current waiver of the Index License Items I and II, below, which Items have July 1, 2019. Surcharge of $0.10 per contract for been prepared by the Exchange. The Sector Indexes Facilitation Fee Clearing Trading Permit Holder Exchange filed the proposal as a ‘‘non- First, the Exchange proposes to Proprietary (‘‘Firm’’) (origin codes ‘‘F’’ controversial’’ proposed rule change extend the current waiver of fees for or ‘‘L’’) VIX orders that have a premium pursuant to Section 19(b)(3)(A)(iii) of facilitation orders in Sector Index of $0.10 or lower and have series with the Act 3 and Rule 19b–4(f)(6) options.5 Currently, Footnote 11 of the an expiration of seven (7) calendar days thereunder.4 The Commission is Fees Schedule provides that for or less. The Exchange wishes to extend publishing this notice to solicit facilitation orders for Sector Index this waiver through December 31, 2019. options executed in open outcry, or The Exchange adopted the waiver to 16 17 CFR 240.17Ad–22(e)(18). 17 15 U.S.C. 78q–1(b)(3)(F). electronically via AIM or as a Qualified reduce transaction costs on expiring, 18 17 CFR 240.17Ad–22(e)(2) and (e)(18). Contingent Cross order (‘‘QCC’’) or low-priced VIX options, which the 19 15 U.S.C. 78s(b)(2). CFLEX transaction, the Exchange will Exchange believed would encourage 20 In approving the proposed rule change, the assess no Clearing Trading Permit Firms to seek to close and/or roll over Commission considered the proposal’s impact on Holder Proprietary transaction fees efficiency, competition, and capital formation. 15 through June 30, 2019. By way of 6 See Cboe Options Fees Schedule, Footnote 11. U.S.C. 78c(f). 7 See Securities Exchange Act Release No. 85167 21 background ‘‘facilitation orders’’ are 17 CFR 200.30–3(a)(12). (February 20, 2019), 84 FR 6039 (February 25, 2019) 1 defined as any order in which a Clearing 15 U.S.C. 78s(b)(1). (SR–CBOE–2019–011). 2 17 CFR 240.19b–4. Trading Permit Holder (‘‘F’’ origin code) 8 See Securities Exchange Act Release No. 82854 3 15 U.S.C. 78s(b)(3)(A)(iii). (March 12, 2018), 83 FR 11803 (March 16, 2018) 4 17 CFR 240.19b–4(f)(6). 5 See Cboe Options Fees Schedule, Footnote 47. (SR–CBOE–2018–012).

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such positions close to expiration at low waived Bandwidth packet. In order to participants.15 This waiver is set to premium levels, including facilitating continue to promote trading during expire June 30, 2019. As the volume in customers to do so, in order to free up GTH, the Exchange wishes to extend these products is low, the Exchange capital and encourage additional these waivers through September 30, does not have enough information to trading.9 The Exchange had proposed to 2019.13 Based on experience, the evaluate the impact of the waiver. waive the surcharge through June 30, Exchange believes such waivers have However, the Exchange wishes to 2019, at which time the Exchange had encouraged participation during GTH. extend this waiver through December stated that it would evaluate whether Continued participation during GTH 31, 2019 in order to continue to the waiver has in fact prompted Firms results in potential increased order flow, encourage growth and trading of these to close and roll over these positions which provides greater trading products. close to expiration as intended. After a opportunities for all market review of Firms’ activity, the Exchange participants. Additionally, the proposed UKXM believes the waiver has indeed waivers apply to all TPHs that wish to The Exchange previously offered a encouraged Firms to do so and as such, participate in the GTH session. compensation plan to the Designated proposes to extend the waiver of the Primary Market-Maker(s) (‘‘DPM(s)’’) MXEA and MXEF LMM Incentive surcharge through December 31, 2019, Program appointed in UKXM to offset its DPM at which time the Exchange will again costs.16 Specifically, the DPM appointed reevaluate whether the waiver has The Exchange also proposes to extend for an entire month in UKXM will continued to prompt Firms to close and the financial program for Lead Market- receive a payment of $5,000 per month roll over positions close to expiration at Makers (‘‘LMMs’’) appointed in MSCI through June 30, 2019. The Exchange low premium levels. Accordingly, the EAFE Index (‘‘MXEA’’) options and proposes to extend this plan through Exchange proposes to delete the MSCI Emerging Markets Index December 31, 2019 to continue to reference to the current waiver period of (‘‘MXEF’’) options.14 Currently, if the incentivize the DPM(s) to continue to June 30, 2019 from the Fees Schedule appointed LMM in MXEA and MXEF serve as a DPM in this product and and replace it with December 31, 2019. provides continuous electronic quotes provide the necessary liquidity, which during Regular Trading Hours that meet GTH Fees provides greater trading opportunities or exceed the above heightened quoting for all market participants in this option The Exchange proposes to also extend standards in at least 90% of the MXEA class. waivers for access fees for the Global and MXEF series 80% of the time in a Trading Hours (‘‘GTH’’) session. given month, the LMM will receive a Elimination of Obsolete Reference Currently, the Exchange charges $1,000 payment for that month in the amount Lastly, the Exchange proposes to per month for each GTH Market-Maker of $20,000 per class, per month. The eliminate references to an obsolete fee Trading Permit and $500 per month for Fees Schedule currently provides that and incentive program. Specifically, on each GTH Electronic Access Trading this program will be in place through February 11, 2019, the Exchange filed a 10 Permit. The Exchange also assesses June 30, 2019. In order to continue to rule filing, SR–CBOE–2019–012, which fees for Bandwidth Packets that may be encourage LMM(s) in MXEA and MXEF proposed, among other things, to used during GTH. Particularly, the to continue serving as LMMs and eliminate the Supplemental VIX Total Exchange charges $500 per month per provide significant liquidity in these Firm Discount program (‘‘Supplemental GTH Quoting and Order Entry options, which would provide greater VIX Discount’’), effective February 1, Bandwidth Packet and $250 per month trading opportunities for all market 2019.17 The Exchange notes that 11 per Order Entry Bandwidth Packet. participants, the Exchange proposes to although it reflected the elimination of The Exchange further assesses monthly renew this program through December the program in the filing’s Exhibit 5, it fees for CMI Login IDs and FIX Login 31, 2019. mistakenly failed to eliminate references IDs used for GTH, which are currently RLG, RLV, RUI, AWDE, FTEM, FXTM to the program in corresponding $750 per Login ID. In order to promote and UKXM Transaction Fees Footnote 11 of the Fees Schedule. and encourage trading during the GTH In order to promote and encourage Accordingly, the Exchange proposes to session, the Exchange currently waives update Footnote 11 to eliminate GTH Trading Permit and Bandwidth trading of seven FTSE Russell Index products (i.e., Russell 1000 Growth references to the Supplemental VIX Packet fees for one (1) of each initial Discount. No substantive change is Trading Permits and one (1) of each Index (‘‘RLG’’), Russell 1000 Value being made by this deletion. initial Bandwidth Packet, per affiliated Index (‘‘RLV’’), Russell 1000 Index Trading Permit Holder (‘‘TPH’’).12 The (‘‘RUI’’), FTSE Developed Europe Index 2. Statutory Basis Exchange notes that the waivers are set (‘‘AWDE’’), FTSE Emerging Markets Index (‘‘FTEM’’), China 50 Index The Exchange believes the proposed to expire June 30, 2019. The Exchange rule change is consistent with the also waives fees through June 30, 2019 ‘‘(FXTM’’) and FTSE 100 Index (‘‘UKXM’’)), the Exchange waives all Securities Exchange Act of 1934 (the for a CMI and FIX login ID if the CMI ‘‘Act’’) and the rules and regulations and/or FIX login ID is related to a transaction fees (including the Floor Brokerage Fee, Index License Surcharge waived GTH Trading Permit and/or 15 See Securities Exchange Act Release No. 76288 and CFLEX Surcharge Fee) for each of (October 28, 2015), 80 FR 67805 (November 3, 2015) 9 See Securities Exchange Act Release No. 76923 these products for all market (SR–CBOE–2015–096). See also Securities (January 15, 2016), 81 FR 3841 (January 22, 2016) Exchange Act Release No. 77547 (April 6, 2016), 81 (SR–CBOE–2016–002). 13 The Exchange notes that in October 2019, it is FR 21611 (April 12, 2016) (SR–CBOE–2016–021) 10 See Cboe Options Fees Schedule, Trading migrating the current Cboe Options trading platform and Securities Exchange Act Release No. 78930 Permit and Tier Appointment Fees. Each Trading onto new technology and in connection with such (September 26, 2016), 81 FR 67408 (September 30, Permit provides bandwidth and three logins. migration, is anticipating a new Trading Permit and 2016) (SR–CBOE–2016–070). 11 See Cboe Options Fees Schedule, Bandwidth connectivity structure. As such, the Exchange 16 See Securities Exchange Act Release No. 77547 Packet Fees Bandwidth Packets provide TPHs with proposes to extend the GTH related waivers only (April 6, 2016), 81 FR 21611 (April 12, 2016) (SR– additional bandwidth and logins. through September 2019. CBOE–2016–021). 12 See Securities Exchange Act Release No. 74422 14 See Securities Exchange Act Release No. 83585 17 See Securities Exchange Act Release No. 85169 (March 4, 2015), 80 FR 12680 (March 10, 2015) (SR– (July 2, 2018), 83 FR 31825 (July 9, 2018) (SR– (February 21, 2019), 84 FR 6445 (February 27, 2019) CBOE–2015–020). CBOE–2018–050). (SR–CBOE–2019–012).

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thereunder applicable to the Exchange Exchange wishes to encourage and continues incentivizing the LMM(s) in and, in particular, the requirements of promote trading of these products. The these products to provide liquid and Section 6(b) of the Act.18 Specifically, Exchange believes waiving this fee is a active markets in these products to the Exchange believes the proposed rule reasonable means to encourage trading encourage its growth. The Exchange change is consistent with the Section of these products as it applies to all notes that without the proposed 6(b)(5) 19 requirements that the rules of market participants and results in lower financial incentive, there may not be an exchange be designed to prevent fees assessed for Sector Index sufficient incentive for TPHs to fraudulent and manipulative acts and transactions. undertake an obligation to quote at practices, to promote just and equitable The Exchange believes it’s heightened levels, which could result in principles of trade, to foster cooperation appropriate to waive the Index License lower levels of liquidity to the detriment and coordination with persons engaged Surcharge for Clearing Trading Permit of all market participants. The Exchange in regulating, clearing, settling, Holder Proprietary VIX orders that have believes it is equitable and not unfairly processing information with respect to, a premium of $0.10 or lower and have discriminatory to only offer this and facilitating transactions in series with an expiration of 7 calendar financial incentive to MXEA and MXEF securities, to remove impediments to days or less because the Exchange wants LMM(s) because it benefits all market and perfect the mechanism of a free and to continue encouraging Firms to roll participants trading in these options to open market and a national market and close over positions close to encourage the LMM(s) to satisfy the system, and, in general, to protect expiration at low premium levels. heightened quoting standard, which investors and the public interest. Particularly, the Exchange believes it’s may increase liquidity and provide Additionally, the Exchange believes the reasonable to waive the entire $0.10 per more trading opportunities and tighter proposed rule change is consistent with contract surcharge because without the spreads. Indeed, the Exchange notes that Section 6(b)(4) of the Act,20 which waiver of the surcharge, firms are less LMMs provides a crucial role in requires that Exchange rules provide for likely to engage in these transactions, as providing quotes and the opportunity the equitable allocation of reasonable opposed to other VIX transactions, due for market participants to trade dues, fees, and other charges among its to the associated transaction costs. The products, including MXEA and MXEF, Trading Permit Holders and other Exchange believes it’s equitable and not which can lead to increased volume, persons using its facilities. unfairly discriminatory to limit the thereby providing a robust market. The Exchange believes the proposed waiver to Clearing Trading Permit Additionally, if a MSCI LMM does not waiver extension of the Clearing Holder Proprietary orders because they satisfy the heightened quoting standard Trading Permit Holder Proprietary contribute capital to facilitate the then it simply will not receive the transaction fee for facilitation orders in execution of VIX customer orders with offered per class payment for that Sector Index options is reasonable a premium of $0.10 or lower and series month. because these orders will not be charged with an expiration of 7 calendar days or The Exchange believes it is any fee. The Exchange believes that this less. Additionally, as noted above, reasonable, equitable and not unfairly is equitable and not unfairly Clearing Trading Permit Holders have discriminatory to extend the waiver of discriminatory because a similar waiver obligations, which normally do not all transaction fees for RLG, RLV, RUI, also applies to other products, including apply to other market participants (e.g., AWDE, FTEM, FXTM and UKXM other proprietary index products (e.g., must have higher capital requirements, transactions, including the Floor MXEA, MXEF, DJX and XSP).21 Further, clear trades for other market Brokerage fee, the License Index as noted above, Clearing Trading Permit participants, must be members of OCC). Surcharge and CFLEX Surcharge Fee, Holders can be an important source of The Exchange believes extending the because the respective fees are being liquidity when they facilitate their own waiver of the GTH fee for the first waived in their entirety, which customers’ trading activity. Moreover, Quoting and Order Entry Bandwidth promotes and encourages trading of Clearing Trading Permit Holders have Packet and the first Order Entry these products which are still relatively obligations, which normally do not Bandwidth Packet through September new. The waiver also would apply to all apply to other market participants (e.g., 2019 is reasonable, equitable and not TPHs. must have higher capital requirements, unfairly discriminatory, because The Exchange believes that it is clear trades for other market waiving those respective fees promotes reasonable, equitable and not unfairly participants, must be members of OCC). and encourages trading during the GTH discriminatory to renew the The Exchange also notes that the waiver session. The Exchange believes it’s also compensation plan to continue to of fees for Sector Index facilitation reasonable, equitable and not unfairly incentivize the DPM to continue to orders executed in open outcry or discriminatory to waive fees for Login serve as a DPM in this product. electronically in AIM, QCC or as a IDs in order to promote and encourage Particularly, the Exchange notes that CFLEX transaction applies to all such ongoing participation in GTH and also there is low volume in UKXM and as orders. applies to all GTH TPHs. The Exchange such, the Exchange wishes to ensure the The Exchange believes it’s believes it’s also reasonable, equitable DPM continues to play a crucial role in appropriate to continue to waive the and not unfairly discriminatory to waive providing liquid and active markets in Index License Surcharge for Sector GTH access fees through September, the product to encourage growth and Indexes because the Sector Indexes are 2019 in order to further promote provide trading opportunities which still relatively new products and the trading. To the extent that this purpose would benefit all market participants. is achieved, all the Exchange’s market Lastly, the Exchange believes 18 15 U.S.C. 78f(b). participants who participate in the GTH eliminating references to the 19 15 U.S.C. 78f(b)(5). session should benefit from increased Supplemental VIX Discount program, 20 15 U.S.C. 78f(b)(4). liquidity. which no longer exists, alleviates 21 See Cboe Fees Schedule, ‘‘Equity Options Rate The Exchange believes it is confusion and maintains clarity in the Table, ‘‘ETF and ETN Options Rate Table’’ and reasonable, equitable and not unfairly Fees Schedule, which removes ‘‘Index Options Rate Table—All Index Products Excluding Underlying Symbol List A and Sector discriminatory to extend the MXEA and impediments to and perfects the Indexes’’, all of which provide a $0.00 facilitation MXEF LMM Incentive Program because mechanism of a free and open market fee for origin code ‘‘F’’ and ‘‘L’’ orders. the Exchange wants to ensure it and a national market system, and, in

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general, protects investors and the options trades.22 Therefore, no exchange which it was filed, or such shorter time public interest. possesses significant pricing power in as the Commission may designate, it has the execution of option order flow. become effective pursuant to Section B. Self-Regulatory Organization’s Moreover, the Commission has 19(b)(3)(A)(iii) of the Act 25 and Statement on Burden on Competition repeatedly expressed its preference for subparagraph (f)(6) of Rule 19b–4 26 The Exchange does not believe that competition over regulatory thereunder. the proposed rule change will impose intervention in determining prices, A proposed rule change filed under products, and services in the securities any burden on intramarket or Rule 19b–4(f)(6) normally does not markets. Specifically, in Regulation intermarket competition that is not become operative for 30 days after the NMS, the Commission highlighted the necessary or appropriate in furtherance date of the filing. However, Rule 19b– importance of market forces in 27 of the purposes of the Act. 4(f)(6)(iii) permits the Commission to determining prices and SRO revenues designate a shorter time if such action First, the Exchange believes the and, also, recognized that current is consistent with the protection of proposed rule change does impose any regulation of the market system ‘‘has investors and the public interest. In its burden on intramarket competition that been remarkably successful in filing, Cboe Options requested that the is not necessary or appropriate in promoting market competition in its Commission waive the 30-day operative furtherance of the purposes of the Act. broader forms that are most important to delay. The Exchange indicated in its Particularly, the proposed changes investors and listed companies.’’ 23 The filing that its extension of the above- extend existing fee waivers and fact that this market is competitive has described fee waivers and incentive incentive programs and apply to all also long been recognized by the courts. programs was designed to encourage similarly situated TPHs uniformly. To In NetCoalition v. Securities and increased market participation, the extent certain market participants Exchange Commission, the D.C. Circuit including in GTH and in relatively new receive a benefit others do not these stated as follows: ‘‘[n]o one disputes products. The Commission believes that different market participants have that competition for order flow is waiver of the 30-day operative delay is different obligations and circumstances. ‘fierce.’ . . . As the SEC explained, ‘[i]n consistent with the protection of For example, DPMs and LMMs play a the U.S. national market system, buyers investors and the public interest as it and sellers of securities, and the broker- crucial role in providing active and will avoid the potential for disruption dealers that act as their order-routing liquid markets in their appointed among TPHs associated with an agents, have a wide range of choices of interruption in the continuity of the products, thereby providing a robust where to route orders for execution’; market which benefits all market proposed extensions set forth above. [and] ‘no exchange can afford to take its Accordingly, the Commission waives participants. Additionally, Clearing market share percentages for granted’ Trading Permit Holders can be an the 30-day operative delay and because ‘no exchange possesses a designates the proposed rule change important source of liquidity when they monopoly, regulatory or otherwise, in operative upon filing.28 facilitate their own customers’ trading the execution of order flow from broker At any time within 60 days of the activity and also have other obligations, dealers’ . . . .’’.24 Accordingly, the filing of the proposed rule change, the which normally do not apply to other Exchange does not believe its proposed Commission summarily may market participants (e.g., must have changes to extend the above-mentioned temporarily suspend such rule change if higher capital requirements, clear trades fee waivers and incentive programs it appears to the Commission that such for other market participants, must be impose any burden on competition that action is: (i) necessary or appropriate in members of OCC). The Exchange also is not necessary or appropriate in the public interest; (ii) for the protection notes that the proposed waivers and furtherance of the purposes of the Act. of investors; or (iii) otherwise in incentive programs are designed to C. Self-Regulatory Organization’s furtherance of the purposes of the Act. attract additional order flow to the Statement on Comments on the If the Commission takes such action, the Exchange. Greater liquidity benefits all Proposed Rule Change Received From Commission shall institute proceedings market participants on the Exchange by Members, Participants, or Others to determine whether the proposed rule providing more trading opportunities should be approved or disapproved. and tighter spreads and encourages all The Exchange neither solicited nor TPHs to send orders, thereby received comments on the proposed IV. Solicitation of Comments rule change. contributing to robust levels of liquidity. Interested persons are invited to Next, the Exchange believes the III. Date of Effectiveness of the submit written data, views, and proposed rule change does not impose Proposed Rule Change and Timing for arguments concerning the foregoing, any burden on intermarket competition Commission Action including whether the proposed rule that is not necessary or appropriate in Because the foregoing proposed rule change is consistent with the Act. furtherance of the purposes of the Act. change does not: (i) Significantly affect First, the proposed changes only affect the protection of investors or the public 25 15 U.S.C. 78s(b)(3)(A)(iii). trading on Cboe Options. Next, the interest; (ii) impose any significant 26 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Exchange notes it operates in a highly burden on competition; and (iii) become 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file competitive market. In addition to Cboe operative for 30 days from the date on the proposed rule change at least five business days Options, TPHs have numerous prior to the date of filing of the proposed rule alternative venues that they may 22 See Cboe Global Markets, U.S. Options Market change, or such shorter time as designated by the Volume Summary (June 13,2019), available at Commission. The Exchange has satisfied this participate on and director their order http://markets.cboe.com/us/options/market_share/. requirement. flow, including 15 options exchanges, as 23 See Securities Exchange Act Release No. 51808 27 17 CFR 240.19b–4(f)(6)(iii). well as off-exchange venues. Based on (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). 28 For purposes only of waiving the 30-day publicly available information, no single 24 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. operative delay, the Commission has also options exchange has more than 23% of Cir. 2010) (quoting Securities Exchange Act Release considered the proposed rule’s impact on No. 59039 (December 2, 2008), 73 FR 74770, 74782– efficiency, competition, and capital formation. See the market share of executed volume of 83 (December 9, 2008) (SR–NYSEArca–2006–21)). 15 U.S.C. 78c(f).

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Comments may be submitted by any of SECURITIES AND EXCHANGE Exchange has prepared summaries, set the following methods: COMMISSION forth in sections A, B, and C below, of the most significant aspects of such Electronic Comments [Release No. 34–86352; File No. SR– statements. • CboeEDGX–2019–044] Use the Commission’s internet A. Self-Regulatory Organization’s comment form (http://www.sec.gov/ Self-Regulatory Organizations; Cboe Statement of the Purpose of, and rules/sro.shtml); or EDGX Exchange, Inc.; Notice of Filing Statutory Basis for, the Proposed Rule • and Immediate Effectiveness of a Send an email to rule-comments@ Change sec.gov. Please include File Number SR– Proposed Rule Change Relating To CBOE–2019–031 on the subject line. Amend the Fee Schedule Applicable to 1. Purpose Members and Non-Members of the Paper Comments Exchange Pursuant to EDGX Rules The Exchange proposes to amend its fee schedule applicable to its options • 15.1(a) and (c) Send paper comments in triplicate trading platform (‘‘EDGX Options’’) in to Secretary, Securities and Exchange July 11, 2019. connection with the fee assessed for Commission, 100 F Street NE, Pursuant to Section 19(b)(1) of the Customer orders in Mini-SPX Index Washington, DC 20549–1090. Securities Exchange Act of 1934 (the (‘‘XSP’’) options (yielding fee code XC), All submissions should refer to File ‘‘Act’’),1 and Rule 19b–4 thereunder,2 as well as add certain XSP-related fee Number SR–CBOE–2019–031. This file notice is hereby given that on July 1, codes to the Automated Improvement number should be included on the 2019, Cboe EDGX Exchange, Inc. (the Mechanism (‘‘AIM’’) Pricing table, subject line if email is used. To help the ‘‘Exchange’’ or ‘‘EDGX’’) filed with the effective July 1, 2019. Securities and Exchange Commission Commission process and review your The Exchange currently provides a comments more efficiently, please use (the ‘‘Commission’’) the proposed rule standard rebate of $0.05 for Customer only one method. The Commission will change as described in Items I, II, and orders in XSP (an Exchange proprietary post all comments on the Commission’s III below, which Items have been internet website (http://www.sec.gov/ prepared by the Exchange. The product). The Exchange no longer rules/sro.shtml). Copies of the Commission is publishing this notice to wishes to provide a rebate for Customer submission, all subsequent solicit comments on the proposed rule XSP transactions and now proposes to amendments, all written statements change from interested persons. remove the current rebate and amend the fee schedule so that Customer orders with respect to the proposed rule I. Self-Regulatory Organization’s in XSP will be free. The Exchange notes change that are filed with the Statement of the Terms of Substance of Commission, and all written the Proposed Rule Change that it currently assesses no charge or a communications relating to the marginal charge on other Customer proposed rule change between the Cboe EDGX Exchange, Inc. (the transactions. For example, the Exchange Commission and any person, other than ‘‘Exchange’’ or ‘‘EDGX’’) is filing with does not charge a transaction fee for those that may be withheld from the the Securities and Exchange Customer Agency orders in an AIM public in accordance with the Commission (‘‘Commission’’) a auction (including Customer-to- provisions of 5 U.S.C. 552, will be proposed rule change to amend the fee Customer orders and AIM Agency schedule applicable to Members and available for website viewing and orders in XSP), for certain Customer non-Members 3 of the Exchange printing in the Commission’s Public complex orders (including complex pursuant to EDGX Rules 15.1(a) and (c). Reference Room, 100 F Street NE, orders leg into the Simple Book and The text of the proposed rule change is Washington, DC 20549, on official Customer-to-Customer complex orders), business days between the hours of provided in Exhibit 5. The text of the proposed rule change and Qualified Contingent Cross (‘‘QCC’’) 10:00 a.m. and 3:00 p.m. Copies of the orders (both Agency and Contra QCC filing also will be available for is also available on the Exchange’s website (http://markets.cboe.com/us/ orders). inspection and copying at the principal _ office of the Exchange. All comments options/regulation/rule filings/edgx/), In addition to this, the Exchange also received will be posted without change. at the Exchange’s Office of the proposes to add the fee codes for AIM- Persons submitting comments are Secretary, and at the Commission’s related orders in XSP to Footnote 6 and cautioned that we do not redact or edit Public Reference Room. add references to the fee codes in the personal identifying information from II. Self-Regulatory Organization’s AIM Pricing table under Footnote 6. comment submissions. You should Statement of the Purpose of, and This includes fee code XD, appended to submit only information that you wish Statutory Basis for, the Proposed Rule Customer AIM orders in XSP, and fee to make available publicly. All Change code XB, appended to Customer-to- submissions should refer to File Customer Immediate Cross AIM orders In its filing with the Commission, the Number SR–CBOE–2019–031, and in XSP. The AIM Pricing table Exchange included statements should be submitted on or before summarizes AIM fees and rebates for concerning the purpose of and basis for August 7, 2019. the proposed rule change and discussed orders that transact in an AIM Auction For the Commission, by the Division of any comments it received on the (specifically, orders that yield fee codes, Trading and Markets, pursuant to delegated proposed rule change. The text of these authority.29 statements may be examined at the Eduardo A. Aleman, places specified in Item IV below. The Deputy Secretary. [FR Doc. 2019–15139 Filed 7–16–19; 8:45 am] 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. BILLING CODE 8011–01–P 3 A Member is defined as ‘‘any registered broker or dealer that has been admitted to membership in 29 17 CFR 200.30–3(a)(12) and (59). the Exchange.’’ See Exchange Rule 1.5(n).

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BA, 4 BB, 5 BC, 6 BD, 7 BE, 8 and CC, 9 Penny Pilot Security is $0.60 per will continue to incentivize Customer already provided for in the Fee Codes contract. order flow in XSP, which enhances and Associated Fees section of the fee In April 2019, the Exchange added to liquidity on the Exchange. This schedule, in a table form and includes its fee schedule certain fee codes related enhanced Customer liquidity benefits a provision regarding AIM Break-Up to orders in XSP, including for all market participants by providing Credits for such orders (as described Customer AIM orders in XSP (yielding more trading opportunities, which below). By way of background, AIM fee code XD) and AIM Customer-to- attracts Market Makers. An increase in includes functionality in which a Customer Immediate Cross orders in Market Maker activity in turn facilitates Member (an ‘‘Initiating Member’’) may XSP (orders yielding fee code XB). At tighter spreads, which may cause an electronically submit for execution an this time, however, the Exchange additional corresponding increase in order it represents as agent on behalf of inadvertently neglected to add such order flow from other market a Priority Customer,10 broker dealer, or AIM-related Customer XSP fee codes to participants. any other person or entity (‘‘Agency the AIM Pricing table and adopt AIM The Exchange also believes that the Order’’) against principal interest or Break-Up Credits for orders yielding XB proposed Customer transaction fee is against any other order it represents as and XD. The Exchange now proposes to equitable and not unfairly agent (an ‘‘Initiating Order’’) provided it add these fee codes to Footnote 6, discriminatory because the proposed fee submits the Agency Order for electronic including adding references in the AIM assessment (of no charge) will apply execution into the AIM Auction Pricing table in order to provide equally to all Customer transactions in pursuant Rule 21.19. All options traded additional clarity to Members regarding XSP, i.e., all Customers will be assessed AIM-related Customer orders in XSP, as the same amount. Moreover, the on EDGX Options are eligible for AIM. well as apply the AIM Break-Up Credit Exchange notes that while Customer’s The Exchange notes that any person or to orders yielding fee codes XD and XB. will not be assessed any fees, as entity other than the Initiating Member As stated, the AIM Pricing table merely compared to other market may submit responses to an Auction. An summarizes AIM fees and rebates for participants,13 the Exchange believes AIM Auction takes into account orders yielding certain fee codes, that that the proposal to not assess any fee responses to the Auction as well as are already provided for in the Fee is equitable and not unfairly interest resting on the Exchange’s order Codes and Associated Fees section of discriminatory because, as stated above, book at the conclusion of the auction the fee schedule, and the AIM Break-Up Customer order flow enhances liquidity (‘‘unrelated orders’’), regardless of Credit already applies to the other AIM- on the Exchange, in turn providing more whether such unrelated orders were related orders found within the Fee trading opportunities and attracting already present on the Exchange’s order Codes and Associated Fees section. Marker-Makers to facilitate tighter book when the Agency Order was spreads to the benefit of all market 2. Statutory Basis received by the Exchange or were participants. Moreover, the options received after the Exchange commenced The Exchange believes that the industry has a long history of providing the applicable Auction. If contracts proposed rule change is consistent with preferential pricing to Customers, and remain from one or more unrelated Section 6 of the Act,11 in general, and the Exchange’s current Fee Schedule orders at the time the Auction ends, furthers the requirements of Section currently does so in many places, as do they will be considered for participation 6(b)(4),12 in particular, as it is designed the fees structures of multiple other in the AIM order allocation process. The to provide for the equitable allocation of exchanges.14 Exchange also applies an AIM Break-Up reasonable dues, fees and other charges That Exchange also believes that its Credit to the Member that submits an among its facilities and does not proposed change to add fee codes XD AIM Agency Order, including a Member unfairly discriminate between and XB to the AIM Pricing table is who routes an order to the Exchange customers, issuers, brokers or dealers. consistent with Section 6(b)(4) of the with a Designated Give Up, when the The Exchange believes that its Act in that the proposal is reasonable, AIM Agency Order trades with an AIM proposed change to assess no charge for equitable and not unfairly Responder Order. Currently, the AIM Customer transactions in XSP is discriminatory. The Exchange believes Break-Up Credit provided with respect consistent with Section 6(b)(4) of the that the proposed change is reasonable to an AIM Auction in a Penny Pilot Act in that the proposal is reasonable, because it serves to update the AIM Security is $0.25 per contract and the equitable and not unfairly Pricing chart as a result of an AIM Break-Up Credit provided with discriminatory. The Exchange believes inadvertent oversight. As stated, in respect to an AIM Auction in a Non- that it is reasonable and equitable to April 2019, the Exchange added to its assess no charge for Customer fee schedule certain fee codes related to 4 Fee code BA is appended to Non-Customer AIM transactions in XSP because Customers orders in XSP, including for Customer orders and is assessed a fee of $0.20 per share. won’t have to pay any fee for XSP AIM orders in XSP (yielding fee code 5 Fee code BB is appended to AIM Contra orders transactions. Moreover, it is in line with XD) and AIM Customer-to-Customer and is assessed a fee of $0.05 per share. multiple other types of Customer orders Immediate Cross orders in XSP (orders 6 Fee code BC is appended to AIM Agency Customer orders and is provided a rebate of $0.14 for which the Exchange does not assess yielding fee code XB), yet inadvertently per share. a fee. As described above, the Exchange failed to add such AIM-related 7 Fee code BD is appended to AIM Responder currently does not charge a transaction Customer XSP fee codes to Footnote 6 Penny Pilot orders and is assessed a fee of $0.50 per fee for various other Customer orders in share. an AIM auction, various Customer 13 See EDGX Options Fee Schedule, ‘‘Fee Codes 8 Fee code BE is appended to AIM Responder complex orders, nor for Customer QCC and Associated Fees’’, which assesses a fee of $0.45 Non-Penny Pilot orders and is assessed a fee of for all Firm orders in XSP, $0.20 for all Market $1.05 per share. orders. The Exchange believes that, Maker liquidity adding orders in XSP, and $0.48 for 9 Fee code CC is appended to AIM Customer-to- although it is eliminating the rebate for all Non-Market Maker/Non-Customer orders in Customer Immediate Cross orders and is free. Customer XSP orders, the proposal to XSP. 10 The term ‘‘Priority Customer’’ means any not assess any fees for such transactions 14 See MIAX Options Fee Schedule, Transaction person or entity that is not: (A) A broker or dealer Fees, SPIKES, which gives preferential Customer in securities; or (B) a Professional. The term [sic] treatment for transaction in MIAX Option’s ‘‘Priority Customer Order’’ means an order for the 11 15 U.S.C. 78f. proprietary product, SPIKES. The Exchange notes account of a Priority Customer. See Rule 16.1. 12 15 U.S.C. 78f(b)(4). XSP is an Exchange proprietary product.

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at that time (which includes the it currently assesses no charge for IV. Solicitation of Comments applicability of the AIM Break-Up various other types of Customer orders. Credit under Footnote 6). In addition to Interested persons are invited to In addition to this, the Exchange does submit written data, views, and this, the Exchange notes that the AIM not believe that the proposed change to Pricing table merely summarizes in arguments concerning the foregoing, add fee codes appended to AIM-related including whether the proposed rule table form AIM fees and rebates for orders in XSP, which currently exist in orders yielding certain AIM-related fee change is consistent with the Act. the fee schedule, to Footnote 6 will codes, that are already provided for in Comments may be submitted by any of impose a burden on intramarket the Fee Codes and Associated Fees the following methods: competition. The AIM Pricing table section of the fee schedule (which Electronic Comments currently includes fee codes XD and merely summarizes the fees and rebates for AIM-related orders that are currently XB). Therefore, the Exchange believes • Use the Commission’s internet found in the fee schedule and the that the proposed change to add these comment form (http://www.sec.gov/ fee codes to the AIM Pricing table will proposed change serves to provide rules/sro.shtml); or additional clarity regarding existing provide additional clarity to Members • Send an email to rule-comments@ by summarizing in table form the rates AIM-related orders in XSP by adding sec.gov. Please include File Number SR– for their AIM-related orders in XSP, them to this table. Additionally, the CboeEDGX–2019–044 on the subject which already exist within the fee AIM Break-Up Credits currently apply line. schedule. Moreover, the Exchange notes to the other AIM-related orders found that the proposed AIM Break-Up Credits within the fee schedule and the Paper Comments currently apply to the other AIM-related proposal to adopt AIM Break-Up Credits orders provided for in the Fee Codes for orders yielding XD and XB will • Send paper comments in triplicate and Associated Fees section. result in such orders being treated the to Secretary, Securities and Exchange The Exchange believes that the same as all other AIM-related orders. Commission, 100 F Street NE, Washington, DC 20549–1090. proposed change to add fee codes XD The Exchange does not believe that and XB to the AIM Pricing chart is the proposed rule change will impose All submissions should refer to File equitable and not unfairly any burden on intermarket competition Number SR–CboeEDGX–2019–044. This discriminatory because the rates for that is not necessary or appropriate in file number should be included on the such orders yielding these fee codes are furtherance of the purposes of the Act subject line if email is used. To help the already in place, and the proposed because the rule change affects a Commission process and review your change will not alter those rates or comments more efficiently, please use descriptions for such orders for any type proprietary product, which is traded only one method. The Commission will of market participant. Instead, this exclusively on the Exchange and the post all comments on the Commission’s change serves to provide additional Exchange’s affiliate, Cboe Exchange, 15 internet website (http://www.sec.gov/ clarity for all Members by adding these Inc. rules/sro.shtml). Copies of the AIM-related fee codes to the summary C. Self-Regulatory Organization’s submission, all subsequent table for AIM Pricing. Statement on Comments on the amendments, all written statements B. Self-Regulatory Organization’s Proposed Rule Change Received From with respect to the proposed rule Statement on Burden on Competition Members, Participants, or Others change that are filed with the Commission, and all written The Exchange does not believe that The Exchange neither solicited nor communications relating to the the proposed rule change will impose received comments on the proposed proposed rule change between the any burden on competition that is not rule change. necessary or appropriate in furtherance Commission and any person, other than of the purposes of the Act. The III. Date of Effectiveness of the those that may be withheld from the Exchange does not believe that the Proposed Rule Change and Timing for public in accordance with the proposed rule change will impose any Commission Action provisions of 5 U.S.C. 552, will be burden on competition that is not available for website viewing and necessary or appropriate in furtherance The foregoing rule change has become printing in the Commission’s Public of the purposes of the Act. Specifically, effective pursuant to Section 19(b)(3)(A) Reference Room, 100 F Street NE, the Exchange does not believe that the of the Act 16 and paragraph (f) of Rule Washington, DC 20549 on official proposed change will impose any 19b–4 17 thereunder. At any time within business days between the hours of burden on intramarket competitions that 60 days of the filing of the proposed rule 10:00 a.m. and 3:00 p.m. Copies of the is not necessary or appropriate in change, the Commission summarily may filing also will be available for furtherance of the purposes of the Act temporarily suspend such rule change if inspection and copying at the principal because the proposed change will apply it appears to the Commission that such office of the Exchange. All comments uniformly to all Customers transacting action is necessary or appropriate in the received will be posted without change. in XSP. As described above, while no public interest, for the protection of Persons submitting comments are fee will be assessed for Customers, investors, or otherwise in furtherance of cautioned that we do not redact or edit different market participants have the purposes of the Act. If the personal identifying information from different circumstances, such as the fact Commission takes such action, the comment submissions. You should that preferential pricing to Customers is Commission will institute proceedings submit only information that you wish a long-standing options industry to determine whether the proposed rule to make available publicly. All practice which serves to enhance change should be approved or submissions should refer to File Customer order flow, thereby attracting disapproved. Number SR–CboeEDGX–2019–044 and Marker-Makers to facilitate tighter should be submitted on or before spreads and trading opportunities to the 15 See Cboe Exchange, Inc. Fees Schedule. August 7, 2019. benefit of all market participants. In 16 15 U.S.C. 78s(b)(3)(A). addition to this, the Exchange notes that 17 17 CFR 240.19b–4(f). 18 17 CFR 200.30–3(a)(12).

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For the Commission, by the Division of Percent pursuant to the authority vested in me Trading and Markets, pursuant to delegated by the Act of October 19, 1965 (79 Stat. authority.18 Non-Profit Organizations with 985; 22 U.S.C. 2459), Executive Order Eduardo A. Aleman, Credit Available Elsewhere ... 2.750 12047 of March 27, 1978, the Foreign Deputy Secretary. Non-Profit Organizations with- Affairs Reform and Restructuring Act of out Credit Available Else- [FR Doc. 2019–15134 Filed 7–16–19; 8:45 am] 1998 (112 Stat. 2681, et seq.; 22 U.S.C. where ...... 2.750 BILLING CODE 8011–01–P For Economic Injury: 6501 note, et seq.), Delegation of Businesses & Small Agricultural Authority No. 234 of October 1, 1999, Cooperatives Without Credit and Delegation of Authority No. 236–3 SMALL BUSINESS ADMINISTRATION Available Elsewhere ...... 4.000 of August 28, 2000. Non-Profit Organizations With- [Disaster Declaration #16018 and #16019; out Credit Available Else- Marie Therese Porter Royce, TEXAS Disaster Number TX–00517] where ...... 2.750 Assistant Secretary, Educational and Cultural Affairs, Department of State. Administrative Declaration of a The number assigned to this disaster [FR Doc. 2019–15163 Filed 7–16–19; 8:45 am] Disaster for the State of Texas for physical damage is 16018 B and for BILLING CODE 4710–05–P AGENCY: U.S. Small Business economic injury is 16019 0. Administration. The State which received an EIDL Declaration # is Texas. ACTION: Notice. DEPARTMENT OF TRANSPORTATION (Catalog of Federal Domestic Assistance SUMMARY: This is a notice of an Number 59008) Federal Motor Carrier Safety Administrative declaration of a disaster Administration Christopher Pilkerton, for the State of Texas dated 07/10/2019. [Docket No. FMCSA–2018–0180] Incident: Severe Storms, Straight-line Acting Administrator. Winds and Flooding. [FR Doc. 2019–15123 Filed 7–16–19; 8:45 am] Hours of Service of Drivers: Incident Period: 05/07/2019 through BILLING CODE 8026–03–P Application for Exemption; Small 05/08/2019. Business in Transportation Coalition DATES: Issued on 07/10/2019. Physical Loan Application Deadline DEPARTMENT OF STATE AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. Date: 09/09/2019. [Public Notice: 10821] Economic Injury (EIDL) Loan ACTION: Application for exemption; final Application Deadline Date: 04/10/2020. Notice of Determinations; Culturally determination. Significant Objects Imported for ADDRESSES: Submit completed loan SUMMARY: FMCSA announces its Exhibition—Determinations: ‘‘In a applications to: U.S. Small Business decision to deny the application of the Cloud, in a Wall, in a Chair: Six Administration, Processing and Small Business in Transportation Modernists in Mexico at Midcentury’’ Disbursement Center, 14925 Kingsport Coalition (SBTC) for an exemption from Exhibition Road, Fort Worth, TX 76155. the electronic logging device (ELD) FOR FURTHER INFORMATION CONTACT: A. SUMMARY: Notice is hereby given of the requirements for all motor carriers with Escobar, Office of Disaster Assistance, following determinations: I hereby fewer than 50 employees, including, but U.S. Small Business Administration, determine that the objects to be not limited to, one-person private and 409 3rd Street SW, Suite 6050, exhibited in the exhibition ‘‘In a Cloud, for-hire owner-operators of commercial Washington, DC 20416, (202) 205–6734. in a Wall, in a Chair: Six Modernists in motor vehicles (CMVs) used in SUPPLEMENTARY INFORMATION: Notice is Mexico at Midcentury,’’ imported from interstate commerce. FMCSA has hereby given that as a result of the abroad for temporary exhibition within analyzed the exemption application and Administrator’s disaster declaration, the United States, are of cultural public comments, and has determined applications for disaster loans may be significance. The objects are imported that it cannot ensure that granting for filed at the address listed above or other pursuant to loan agreements with the the requested exemption would achieve locally announced locations. foreign owners or custodians. I also a level of safety equivalent to, or greater The following areas have been determine that the exhibition or display than, the level that would be achieved determined to be adversely affected by of the exhibit objects at The Art Institute absent such exemption. the disaster: of Chicago, in Chicago, Illinois, from on FOR FURTHER INFORMATION CONTACT: For Primary Counties: Fort Bend, Gregg. or about September 6, 2019, until on or information concerning this notice, Contiguous Counties: about January 12, 2020, and at possible contact Ms. LaTonya Mimms, Chief, Texas: Austin, Brazoria, Harris, additional exhibitions or venues yet to FMCSA Driver and Carrier Operations Harrison, Rusk, Smith, Upshur, be determined, is in the national Division; Office of Carrier, Driver and Waller, Wharton. interest. I have ordered that Public Vehicle Safety Standards; Telephone: The Interest Rates are: Notice of these determinations be 202–366–4024. Email: [email protected]. published in the Federal Register. If you have questions on viewing or Percent FOR FURTHER INFORMATION CONTACT: Julie submitting material to the docket, Simpson, Attorney-Adviser, Office of contact Docket Services, telephone (202) For Physical Damage: the Legal Adviser, U.S. Department of 366–9826. Homeowners with Credit Avail- State (telephone: 202–632–6471; email: SUPPLEMENTARY INFORMATION: able Elsewhere ...... 3.875 [email protected]). The mailing Homeowners without Credit address is U.S. Department of State, L/ Background Available Elsewhere ...... 1.938 Businesses with Credit Avail- PD, SA–5, Suite 5H03, Washington, DC FMCSA has authority under 49 U.S.C. able Elsewhere ...... 8.000 20522–0505. 31136(e) and 31315 to grant exemptions Businesses without Credit SUPPLEMENTARY INFORMATION: The from certain Federal Motor Carrier Available Elsewhere ...... 4.000 foregoing determinations were made Safety Regulations (FMCSRs). FMCSA

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must publish a notice of each exemption with fewer than 50 employees to DEPARTMENT OF TRANSPORTATION request in the Federal Register (49 CFR maintain their current practices that 381.315(a)). The Agency must provide have resulted in a proven safety record. Federal Motor Carrier Safety the public an opportunity to inspect the A copy of SBTC’s application for Administration information relevant to the application, exemption is available for view in the [Docket No. FMCSA–2018–0346] including any safety analyses that have docket for this rulemaking. been conducted. The Agency must also Public Comments Commercial Driver’s Licenses; Pilot provide an opportunity for public Program To Allow Drivers Under 21 To comment on the request. On June 5, 2018, FMCSA published Operate Commercial Motor Vehicles in FMCSA reviews safety analyses and SBTC’s application for exemption and Interstate Commerce; Extension of public comments submitted, and requested public comment (83 FR Comment Period determines whether granting the 26140). The Agency received more than exemption would likely achieve a level 1,900 comments. Although some AGENCY: Federal Motor Carrier Safety of safety equivalent to, or greater than, comments focused more on the HOS Administration (FMCSA), DOT. the level that would be achieved by the rules than the exemption application ACTION: Notice and request for current regulation (49 CFR 381.305). and others were simply unclassifiable, comments; extension of comment The decision of the Agency and the the Agency estimates that over 95 period. reasons for denying an application must percent of the comments favored the be published in the Federal Register (49 exemption, while more than 4 percent SUMMARY: The Federal Motor Carrier CFR 381.315(b)). were opposed. Safety Administration (FMCSA) extends On December 16, 2015 (80 FR 78292), the comment period for its May 15, 2019 FMCSA Decision FMCSA published a final rule requiring notice concerning a possible pilot most drivers then required to prepare For the reasons given below, FMCSA program to allow non-military drivers hours-of-service (HOS) records of duty denies the SBTC application for aged 18, 19, and 20 to operate status (RODS) to use electronic logging exemption. The SBTC application does commercial motor vehicles (CMVs) in devices (ELDs) instead of the previous not meet the regulatory standards for an interstate commerce. FMCSA received a paper logs to document their RODS. The exemption. SBTC failed to provide request for an extension to the comment compliance date for the ELD ‘‘[t]he name of the individual or motor period from the American Trucking requirement was December 18, 2017. carrier that would be responsible for the Associations (ATA). The Agency use or operation of CMVs’’ under the believes it is appropriate to extend the III. Request for Exemption exemption [49 CFR 381.310(b)(2)]. SBTC comment period to provide interested The Small Business in Transportation did not provide the name of a single parties additional time to submit their Coalition (SBTC) is a non-profit trade motor carrier. SBTC failed to responses to the notice. Therefore, the organization with more than 8,000 ‘‘[p]rovide[] an estimate of the total Agency extends the deadline for the members. SBTC stated that it number of drivers and CMVs that would submission of comments from July 15, ‘‘represents, promotes, and protects the be operated under the terms and 2019, to August 14, 2019. interest of small businesses in the conditions of the exemption’’ DATES: The comment period for the transportation industry. Through the [§ 381.310(c)(3)]. Instead, SBTC said notice published May 15, 2019 at 84 FR exemption application, SBTC seeks ‘‘we defer to FMCSA to determine the 21895 is extended. Comments must be relief from the ELD requirements for total number of drivers and CMVs that received on or before August 14, 2019. small private, common and contract would be operated under the ADDRESSES: You may submit comments motor carriers with fewer than 50 exemption.’’ SBTC failed to ‘‘[e]xplain[] bearing the Federal Docket Management employees.’’ SBTC contends that: how you would ensure that you could System (FDMS) Docket ID FMCSA– ‘‘[T]he ELD rule is not a ‘safety regulation’ achieve a level of safety that is 2018–0346 using any of the following per se as the FMCSA has concluded. Rather equivalent to, or greater than, the level methods: it is a mechanism intended to enforce a safety of safety that would be obtained by • Federal eRulemaking Portal: http:// regulation by regulating the manner in which complying with the regulation’’ www.regulations.gov/docket?D=FMCSA- a driver records and communicates his [§ 381.310(c)(5)]. The application said compliance. That is, it is merely a tool to 2018-0346. Follow the online ‘‘we believe the level of safety is already instructions for submitting comments. determine compliance with an existing rule assured by the pre-existing Hours of that regulates over-the-road drivers’ driving • Mail: Docket Management Facility, and on duty time, namely the actual safety Service rule as opposed to this ELD U.S. Department of Transportation, 1200 regulation: the [HOS] regulations codified at enforcement mechanism rule.’’ New Jersey Avenue SE, West Building, 49 CFR 395.3 and 395.5. However, the ELD Nor did SBTC meet the statutory Ground Floor, Room W12–140, rule is not a safety regulation itself. requirement in 49 U.S.C. 31315(b)(5)(D) Washington, DC 20590–0001. Therefore, it is our position that this rule to describe ‘‘[t]he specific • Hand Delivery or Courier: West does not itself impact safety, and that the countermeasures the person would level of safety will not change based on Building, Ground Floor, Room W12– undertake to ensure an equivalent or 140, 1200 New Jersey Avenue SE, whether or not our exemption application is greater level of safety than would be approved. That would require a change to the between 9 a.m. and 5 p.m., Monday [hours-of-service rules].’’ achieved absent the requested through Friday, except Federal holidays. exemption.’’ SBTC proposed no SBTC asserts that the exemption • Fax: (202) 493–2251. countermeasures at all. To avoid duplication, please use only would not have any adverse impacts on For all of these reasons, FMCSA one of these four methods. See the operational safety, as motor carriers and denies SBTC’s request for exemption. drivers would remain subject to the ‘‘Public Participation’’ portion of the HOS regulations in 49 CFR 395.3, as Issued on: July 9, 2019. SUPPLEMENTARY INFORMATION section for well as the requirements to maintain a Raymond P. Martinez, instructions on submitting comments. paper RODS under 49 CFR 395.8. The Administrator. FOR FURTHER INFORMATION CONTACT: Mr. applicant argues that the requested [FR Doc. 2019–15206 Filed 7–16–19; 8:45 am] Selden Fritschner, Commercial Drivers exemption would allow motor carriers BILLING CODE 4910–EX–P License Division, Federal Motor Carrier

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Safety Administration, 1200 New Jersey C. Privacy Act of the intent to further study the Avenue SE, Washington, DC 20590– In accordance with 5 U.S.C. 553(c), feasibility of a tunnel under downtown 0001, [email protected], 202– DOT solicits comments from the public Portland. The Project would improve 366–0677. If you have questions on to better inform its rulemaking process. regional transit service by addressing viewing or submitting material to the DOT posts these comments, without current and projected travel time, docket, contact Docket Services, (202) edit, including any personal information reliability, and resiliency issues for trips 366–9826. the commenter provides, to to and across Portland’s downtown core. Early scoping for the feasibility study is SUPPLEMENTARY INFORMATION: www.regulations.gov, as described in the system of records notice (DOT/ALL– occurring within the context of the I. Public Participation and Request for 14 FDMS), which can be reviewed at Council on Environmental Quality’s Comments www.dot.gov/privacy. regulations for complying with the National Environmental Policy Act A. Submitting Comments II. Background (NEPA). The May 2019 notice (84 FR 21895) If you submit a comment, please DATES: include the docket number for this requested public comment on six subject areas: Training and experience, notice (Docket No. FMCSA–2018–0346), MAX Tunnel Study Open House: 5 to operational requirements, participation indicate the specific section of the 7 p.m., July 22, 2019, Metro Regional requirements, technology requirements, notice to which each comment applies, Center, 600 NE Grand Avenue, Portland, insurance, and research and data. OR 97232, Council Chamber. and provide a reason for each suggestion The comment period for the notice Additional Opportunity to Comment: or recommendation. You may submit was set to expire on July 15, 2019. An online survey at https:// your comments and material online or FMCSA received a request to extend the www.oregonmetro.gov/public-projects/ by fax, mail, or hand delivery, but comment period, as noted above. A max-tunnel-study will be open until please use only one of these means. copy of the request is included in the 12:00 a.m. on August 12, 2019. Paper FMCSA recommends that you include docket referenced at the beginning of copies of the survey are available at your name and a mailing address, an this notice. email address, or a phone number in the ATA requested a 30-day extension of reception at Metro, 600 NE Grand body of your document so that FMCSA the comment period, stating that the Avenue, Portland, OR 97232, and at can contact you if there are questions additional time was needed to enable reception at TriMet Administrative regarding your submission. To submit them to gather safety performance data Office, 1800 SW 1st Avenue #300, your comment online, go to http:// and other relevant information to more Portland, OR 97201. www.regulations.gov/docket?D=FMCSA- fully address the issues presented in a ADDRESSES: Written comments on this 2018-0346. Click on the ‘‘Comment way that will best aid the Agency. notice should be submitted by Monday, Now!’’ button and type your comment FMCSA believes that other potential August 12, 2019, to Investment Areas, into the text box on the following commenters to this notice will benefit Metro, 600 NE Grand Avenue, Portland, screen. Choose whether you are from an extension as well. Accordingly, OR 97232. Telephone: (503) 813–7535; submitting your comment as an FMCSA extends the comment period for email: [email protected]. individual or on behalf of a third party all comments on the notice to August and then submit. 14, 2019. FOR FURTHER INFORMATION CONTACT: Mark Assam, Environmental Protection Issued on: July 12, 2019. If you submit your comments by mail Specialist, Federal Transit or hand delivery, submit them in an Larry W. Minor, Administration, Region 10, 915 Second 1 unbound format, no larger than 8 ⁄2 by Associate Administrator for Policy. Avenue, Room 3142, Seattle, WA 98174. 11 inches, suitable for copying and [FR Doc. 2019–15212 Filed 7–12–19; 4:15 pm] Telephone: (206) 220–4465. Eryn Kehe, electronic filing. If you submit BILLING CODE 4910–EX–P Communications Supervisor, Metro, 600 comments by mail and would like to NE Grand Avenue, Portland, OR 97232. know that they reached the facility, Telephone: (503) 797–1881. please enclose a stamped, self-addressed DEPARTMENT OF TRANSPORTATION postcard or envelope. SUPPLEMENTARY INFORMATION: This Federal Transit Administration notice invites the public to comment on FMCSA will consider all comments a statement of the Purpose and Need for and material received during the Early Scoping Notice a tunnel, the Project study area, comment period. AGENCY: Federal Transit Administration, potential impacts, and potential B. Viewing Documents and Comments DOT. alternatives. This notice also invites the ACTION: Early scoping for a MAX tunnel public to review and comment on To view comments, as well project in metropolitan Portland, reports previously developed by local documents mentioned in this notice as Oregon. planning and transportation agencies, being available in the docket, go to including Metro and the Tri-County http://www.regulations.gov/docket? SUMMARY: The Federal Transit Metropolitan Transportation District of D=FMCSA-2018-0346 and choose the Administration (FTA) and Metro (the Oregon (TriMet), that support the focus document to review. If you do not have designated Metropolitan Planning to further study a tunnel. Early scoping access to the internet, you may view the Organization, or MPO, for the Portland is intended to identify the most docket online by visiting the Docket region) issue this early scoping notice reasonable alternatives to undergo Management Facility in Room W12–140 for a MAX tunnel project (Project). formal scoping and NEPA on the ground floor of the DOT West Metro is exploring ways to improve environmental review. Information Building, 1200 New Jersey Avenue SE, transit time and reliability to and about an upcoming public meeting, Washington, DC 20590, between 9 a.m. through the Portland Central City. The opportunities to comment, and the and 5 p.m., ET, Monday through Friday, purpose of this early scoping notice is Project’s Purpose and Need is set forth except Federal holidays. to advise other agencies and the public in the following sections.

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Early Scoping the region, it calls for a high-quality • Address transit capacity and Early scoping is an optional step in transit system as part of the regional reliability issues constraining the the NEPA process that precedes formal multimodal transportation solution. regional transit system. scoping. Formal scoping begins when an MAX Light Rail is the backbone of the • Accommodate peak future light rail agency issues a Notice of Intent to transit system, carrying more than transit demands. 115,000 daily trips and playing a vital prepare an environmental impact • Allow more frequent light rail role in serving the growing demand for statement (EIS). Formal scoping is service on all lines. typically the first opportunity for the travel between the Central City and • other regional jobs and housing centers Improve access from households to public to learn about a proposed project jobs, education, and social opportunities that may receive FTA funding and defined in the 2040 Growth Concept. All of the region’s light rail lines cross in and across the Central City and other comment on the scope of the anticipated regional centers. planning effort. In this case, FTA and through the Central City and must travel • Ensure long-term regional mobility Metro are using early scoping to through multiple signalized for low-income residents and reduce publicize and invite comment on the intersections on surface streets. As barriers between housing and Project’s Purpose and Need, potential traffic congestion in this area grows, transportation cost-burdened alternatives, study area, potential delays at these intersections are households and employment impacts, and prior studies before increasing, adversely affecting travel opportunities. formally beginning to prepare an EIS. time, reliability, and system capacity. • At the end of early scoping, FTA and All of the region’s light rail lines also Create the transit infrastructure Metro will determine what potential cross the Willamette River on the Steel needed to support future expansions of alternatives along with tunnel options Bridge, which is also a constraint on the regional transit service. are available in order to move forward overall system. The Steel Bridge was • Increase the transit system’s into the formal NEPA process. All built in 1912 and is one of the oldest lift resiliency to seismic and environmental reasonable alternatives will be evaluated bridges in the United States. The bridge changes. in terms of the social, economic, and can accommodate only a single pair of • Provide a more competitive environmental impacts. At this stage, tracks, and trains must travel at 10 miles alternative to crosstown auto trips on the proposed alternatives would include per hour, limiting present and future congested freeways. a No Build Alternative and a tunnel. throughput. The bridge is seismically vulnerable and likely would not survive Preliminary Analysis Project Background and Purpose and a major earthquake. Its age and In 2017, TriMet, the Portland region’s Need condition already require increasing transit operator, produced the Steel maintenance, and bridge closures and A Purpose and Need is required for Bridge Transit Improvements Report lifts disrupt the entire system. projects entering NEPA environmental (SBTI) to assess options to address one Consideration of options to modify the review. FTA and Metro invite comment of the pinch points in downtown bridge as alternatives to a tunnel are on the Project’s preliminary Purpose Portland. The report, which evaluated discussed further in the Preliminary and Need to be used to guide the tunnel and bridge options, is available Analysis section. development and evaluation of potential on the Project website alternatives. Purpose (www.oregonmetro.gov/public-projects/ max-tunnel-study). FTA and Metro are Background The purpose of the proposed Project seeking input on whether continued The Portland Central City is the is to increase regional mobility and focus on a tunnel is appropriate. economic and cultural center of the capacity by improving transit travel region, with the largest concentration of times and system reliability to and In 2019, Metro convened staff from people and jobs in Oregon. It is also at through the Portland Central City, as local jurisdictions to contemplate long- the core of the regional transportation well as the following: term solutions to improve mobility to and through the Portland Central City. system, and its mobility problems and • Improve mobility between regional The group developed the preliminary constraints affect local and regional centers. Purpose and Need, which is presented mobility and the regional economy. • Increase transit rail capacity and Slow travel times through the Central in the previous sections, and based on frequency without impacting other the SBTI and additional considerations, City—coupled with frequent delays, surface mobility options. reliability issues, and overcrowding— identified a downtown tunnel as the • Increase transit ridership and are major problems today. As the region only reasonable alternative to meet the transit mode share. Purpose and Need. The study grows, these issues will become even • more critical. Create a reliable alternative to cross- supporting this recommendation is Over the next 20 years, the region is town travel on congested roadways. documented in the Central City Transit expected to grow by 635,000 people and • Support the increasing Capacity Screening Report (https:// 378,000 jobs, with the Central City transportation demand of key www.oregonmetro.gov/sites/default/ _ _ absorbing 35,000 people and 32,000 destinations, present and future files/2019/06/27/Metro CCTCA _ jobs. During this time span, these development, and population and Screening%20Report 2019-06-25.pdf). mobility problems will become even employment growth expected in the FTA and Metro invite comments on the more acute, further affecting regional Central City and the region. report and its conclusions. Additionally, FTA and Metro invite comments on all quality of life and long-term economic Need vitality. planning activities and developments, The Metro 2040 Growth Concept, The Project is needed to accomplish which include, but are not limited to, originally adopted in 1995, is a 50-year the following: the Purpose and Need of the Project, the plan managing growth for the region. In • Address increasingly unreliable and Project study area, potential impacts, addition to setting the framework for slow transit trips to and through the and potential alternatives. where growth will be concentrated in Central City. Authority: 40 CFR 1501.7.

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Issued on: July 10, 2019. the relevant sanctions authority listed ADDRESSES: 428A Russell Senate Office Linda M. Gehrke, below. Building, Washington, DC. A detailed agenda for the hearing will be posted on Regional Administrator. Entity [FR Doc. 2019–15156 Filed 7–16–19; 8:45 am] the Commission’s website at 1. GENERAL DIRECTORATE OF BILLING CODE P www.uscc.gov. Also, please check the MILITARY COUNTERINTELLIGENCE (a.k.a. Commission’s website for possible DGCIM; a.k.a. DIRECCION GENERAL DE changes to the hearing schedule. CONTRAINTELIGENCIA MILITAR (Latin: Reservations are not required to attend DEPARTMENT OF THE TREASURY DIRECCIO´ N GENERAL DE CONTRAINTELIGENCIA MILITAR)), the hearing. Office of Foreign Assets Control Caracas, Capital District, Venezuela FOR FURTHER INFORMATION CONTACT: Any [VENEZUELA–EO13850]. member of the public seeking further Notice of OFAC Sanctions Action Designated pursuant to section 1(a)(i) information concerning the hearing AGENCY: Office of Foreign Assets of Executive Order 13850 (E.O. 13850) should contact Leslie Tisdale Reagan, Control, Treasury. of November 1, 2018, ‘‘Blocking 444 North Capitol Street NW, Suite 602, ACTION: Notice. Property of Additional Persons Washington, DC 20001; telephone: 202– Contributing to the Situation in 624–1496, or via email at lreagan@ SUMMARY: The Department of the Venezuela,’’ as amended by Executive uscc.gov. Reservations are not required Treasury’s Office of Foreign Assets Order 13857, ‘‘Taking Additional Steps to attend the hearing. Control (OFAC) is publishing the names to Address the National Emergency with SUPPLEMENTARY INFORMATION: of one or more persons that have been Respect to Venezuela,’’ of January 25, Background: This is the seventh placed on OFAC’s Specially Designated 2019, for operating in the defense and public hearing the Commission will Nationals and Blocked Persons List security sector of the Venezuelan hold during its 2019 report cycle. The based on OFAC’s determination that one economy. hearing will assess China’s role in global or more applicable legal criteria were Dated: July 11, 2019. health industries and implications for satisfied. All property and interests in U.S. health, biotech, pharmaceutical property subject to U.S. jurisdiction of Andrea Gacki, firms, and the U.S. public. The hearing this person are blocked, and U.S. Director, Office of Foreign Assets Control. will also examine the activities of persons are generally prohibited from [FR Doc. 2019–15207 Filed 7–16–19; 8:45 am] Chinese health and biotech firms in the engaging in transactions with them. BILLING CODE 4810–AL–P United States and the ability of U.S. DATES: See SUPPLEMENTARY INFORMATION health and biotech firms to access the section. U.S.-CHINA ECONOMIC AND China market. The hearing will be co- FOR FURTHER INFORMATION CONTACT: SECURITY REVIEW COMMISSION chaired by Senator James Talent and OFAC: Associate Director for Global Commissioner Michael Wessel. Any Targeting, tel.: 202–622–2420; Assistant Notice of Open Public Hearing interested party may file a written Director for Sanctions Compliance & statement by July 31, 2019 by mailing to Evaluation, tel.: 202–622–2490; AGENCY: U.S.-China Economic and the contact above. A portion of each Assistant Director for Licensing, tel.: Security Review Commission. panel will include a question and 202–622–2480; Assistant Director for ACTION: Notice of open public hearing. answer period between the Regulatory Affairs, tel.: 202–622–4855; Commissioners and the witnesses. SUMMARY: Notice is hereby given of the or the Department of the Treasury’s Authority: Congress created the U.S.- following hearing of the U.S.-China Office of the General Counsel: Office of China Economic and Security Review Economic and Security Review the Chief Counsel (Foreign Assets Commission in 2000 in the National Commission. Control), tel.: 202–622–2410. Defense Authorization Act (Pub. L. 106– SUPPLEMENTARY INFORMATION: The Commission is mandated by Congress to investigate, assess, and 398), as amended by Division P of the Electronic Availability report to Congress annually on ‘‘the Consolidated Appropriations Resolution, 2003 (Pub. L. 108–7), as The Specially Designated Nationals national security implications of the economic relationship between the amended by Public Law 109–108 and Blocked Persons List and additional (November 22, 2005), as amended by information concerning OFAC sanctions United States and the People’s Republic of China.’’ Pursuant to this mandate, the Public Law 113–291 (December 19, programs are available on OFAC’s 2014). website (https://www.treasury.gov/ofac). Commission will hold a public hearing in Washington, DC on July 31, 2019 on Dated: July 12, 2019. Notice of OFAC Action ‘‘Exploring the Growing U.S. Reliance Daniel W. Peck, On July 11, 2019, OFAC determined on China’s Biotech and Pharmaceutical Executive Director, U.S.-China Economic and that the property and interests in Products.’’ Security Review Commission. property subject to U.S. jurisdiction of DATES: The hearing is scheduled for [FR Doc. 2019–15245 Filed 7–16–19; 8:45 am] the following person are blocked under Wednesday, July 31, 2019 at 9:00 a.m. BILLING CODE 1137–00–P

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Reader Aids Federal Register Vol. 84, No. 137 Wednesday, July 17, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 14 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 25 ...... 31174, 31176, 31178, 32975 The United States Government Manual 741–6000 9907...... 32013 39 ...... 31707, 31710, 32028, Executive Orders: Other Services 32255, 32257, 32260, 32263, 13879...... 33817 32266, 32980 Electronic and on-line services (voice) 741–6020 13880...... 33821 Privacy Act Compilation 741–6050 71 ...... 34051, 34052, 34054, Administrative Orders: 34055 Memorandums: 73...... 33845 ELECTRONIC RESEARCH Memorandum of June 91...... 31713 26, 2019 ...... 31457 95...... 34057 World Wide Web 5 CFR 97 ...... 32030, 32033, 32037, 32038 Full text of the daily Federal Register, CFR and other publications Proposed Rules: is located at: www.govinfo.gov. 2427...... 33175 Proposed Rules: 25...... 31522, 31747 Federal Register information and research tools, including Public 7 CFR 27...... 31747 Inspection List and electronic text are located at: 29...... 31747 www.federalregister.gov. 51...... 33827 701...... 32839 39 ...... 31244, 31246, 31249, E-mail 932...... 33827 31252, 31254, 31524, 31526, 1222...... 31459 31769, 31772, 31775, 32099, FEDREGTOC (Daily Federal Register Table of Contents Electronic 1710...... 32607, 33163 32101, 32338, 32341, 32343, Mailing List) is an open e-mail service that provides subscribers 1714...... 32607, 33163 32661, 32664, 32667, 33185, with a digital form of the Federal Register Table of Contents. The 1717...... 32607, 33163 33189, 33710 digital form of the Federal Register Table of Contents includes 1724...... 32607, 33163 71 ...... 33022, 33191, 33193, HTML and PDF links to the full text of each document. 1726...... 32607, 33163 33194, 33196, 34072, 34073, To join or leave, go to https://public.govdelivery.com/accounts/ 1730...... 32607, 33163 34075, 34077, 34078, 34080 USGPOOFR/subscriber/new, enter your email address, then 3201...... 32015 73...... 34082 91...... 31747 follow the instructions to join, leave, or manage your Proposed Rules: 121...... 31747 subscription. 97...... 33176 125...... 31747 PENS (Public Law Electronic Notification Service) is an e-mail 210...... 31227 135...... 31747 service that notifies subscribers of recently enacted laws. 220...... 31227 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 226...... 31227 15 CFR 981...... 33182, 33861 and select Join or leave the list (or change settings); then follow 335...... 33848 the instructions. 8 CFR 922...... 32586 FEDREGTOC and PENS are mailing lists only. We cannot 208...... 33829 Proposed Rules: respond to specific inquiries. 1003...... 31463, 33829 922...... 33712 Reference questions. Send questions and comments about the 1208...... 33829 16 CFR Federal Register system to: [email protected] 1292...... 31463 609...... 31180 The Federal Register staff cannot interpret specific documents or 10 CFR Proposed Rules: regulations. Proposed Rules: 1112...... 32346 40...... 32327 1239...... 32346 FEDERAL REGISTER PAGES AND DATE, JULY 50...... 33710, 33861 52...... 33710, 33861 17 CFR 31171–31458...... 1 70...... 32327 200...... 33492 31459–31686...... 2 72...... 32327 210...... 32040 31687–32012...... 3 73...... 33861 232...... 31192 32013–32254...... 5 74...... 32327 240...... 33118, 33492 32255–32606...... 8 150 ...... 31518, 32327, 32657, 249...... 33492 32607–32838...... 9 33864 275...... 33492 32839–32974...... 10 430...... 33011, 33869 276...... 33669, 33681 32975–33162...... 11 431 ...... 31232, 32328, 33011 279...... 33492 33163–33690...... 12 Proposed Rules: 12 CFR 1...... 32104 33691–33820...... 15 229...... 31687 30...... 32105 33821–34050...... 16 265...... 31701 39...... 32104 34051–34254...... 17 365...... 31171 140...... 32104 390...... 31171 Ch. II ...... 33024 1030...... 31687 Proposed Rules: 21 CFR 1003...... 31746 10...... 31471

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216...... 32268 1701...... 31194 40 CFR 43 CFR 500...... 32982 33 CFR 52 ...... 31204, 31206, 31682, 3830...... 31219 520...... 32982 31684, 31739, 31741, 32066, 8365...... 32845 522...... 32982 100...... 32061, 34061 32068, 32072, 32076, 32317, 524...... 32982 110...... 32269 32624, 33002, 33004, 33006, 526...... 32982 44 CFR 117...... 32619 33172, 33697, 33699, 33850, 529...... 32982 165 ...... 31197, 31199, 31200, 34063 Proposed Rules: 556...... 32982 62...... 32371 31202, 31480, 31481, 31484, 55...... 33853, 34065 558...... 32982 31486, 31587, 31490, 31492, 59...... 34067 800...... 31471 31721, 31722, 31723, 31724, 60 ...... 32084, 32520, 34067 45 CFR Proposed Rules: 31725, 32063, 32064, 32272, 61...... 34067 Proposed Rules: 101...... 32848 33163, 33167, 33169, 33693 1323...... 32116 102...... 32848 207...... 31493 62...... 34067 334...... 33849 63...... 34067 25 CFR 65...... 34067 Proposed Rules: 47 CFR 81 ...... 32317, 32841, 33008, Proposed Rules: 100...... 31810, 32849 Proposed Rules: 33699, 33855 224...... 31529 165 ...... 31273, 32112, 33713, 2...... 31542 82...... 34067 26 CFR 33880 54...... 32117, 34107 180 ...... 31208, 31214, 32088, 87...... 31542 1 ...... 31194, 31717, 33002, 34 CFR 32320, 32626, 33703 33691 222...... 31512 Ch. II ...... 31726 48 CFR 31...... 31717 200...... 31660 223...... 31512 301...... 31478, 31717 299...... 31660 224...... 31512 215...... 33858 602...... 33691 600...... 31392 228...... 31512 252...... 33858 Proposed Rules: 668...... 31392 229...... 31512 501...... 33858 1...... 31777, 33120 271...... 32628 5108...... 33706 53...... 31795 36 CFR 435...... 32094 5119...... 33707 5145...... 33708 27 CFR 7...... 32622 745...... 32632 763...... 34067 5152...... 33708 Proposed Rules: 37 CFR Proposed Rules: Proposed Rules: 4...... 31257 2...... 31498 49...... 31813, 33715 1...... 33201 5...... 31264 7...... 31498 52 ...... 31538, 31540, 31541, 2...... 33201 7...... 31264 11...... 31498 31814, 32356, 32359, 32361, 4...... 33201 26...... 31264 210...... 32274 32671, 32672, 32678, 32682, 52...... 33201 27...... 31264 303...... 32296 32851, 33027, 33030, 33032, 53...... 33201 29 CFR 350...... 32296 33035, 33198, 33883, 33886, 355...... 32296 49 CFR 4022...... 33692 34083, 34090, 34102 370...... 32296 4902...... 32618 60...... 32114 385...... 32323 380...... 32296 62 ...... 31278, 31279, 32363, Proposed Rules: 382...... 32296 30 CFR 32365 383...... 32689 383...... 32296 Proposed Rules: 80...... 34106 385...... 32379 70...... 31809 384...... 32296 81...... 31814, 33886 385...... 32296 141...... 33045 71...... 31809 50 CFR 72...... 31809 38 CFR 142...... 33045 75...... 31809 271...... 32852 622...... 32648 90...... 31809 17...... 33694 272...... 32852 635...... 33008 916...... 32109 Proposed Rules: 300 ...... 31281, 31826, 33046, 648...... 31743, 32649 918...... 32111 17...... 32670 33721 660...... 31222, 32096 679...... 31517, 34070 39 CFR 721...... 32366 31 CFR Proposed Rules: 510...... 33002 3020...... 32317 Ch. I ...... 31559 3060...... 31738 42 CFR 20...... 32385 32 CFR Proposed Rules: Proposed Rules: 216...... 32697, 32853 315...... 34060 3050 ...... 31277, 33882, 34082 447...... 33722 635...... 33205

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List July 9, 2019 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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